The Record (Troy, NY)

State AG to appeal Abelove dismissal

- By Keith Whitcomb kwhitcomb@digitalfir­stmedia.com @kwhitcombj­r on Twitter

TROY, N.Y. » The state Attorney General’s Office says it will appeal a judge’s decision to dismiss charges against the Rensselaer County District Attorney.

On Dec. 1, District Attorney Joel Abelove was indicted by a grand jury on a felony count of firstdegre­e perjury, and two misdemeano­r counts of official misconduct. The charges stemmed from his handling of an incident in 2016 where a Troy police officer fatally shot a man during a DUI stop.

The charges were dismissed earlier this month by Columbia County Court Judge Jonathan Nich-

ols following a motion for dismissal filed by Abelove’s attorney, William Dreyer.

The notice of appeal was filed June 14 by Assistant Attorney General Nicholas Viorst and received by the Rensselaer County Court June 19.

“Our indictment de- tailed a disturbing pattern of misconduct that violated the law and undermined a criminal investigat­ion. We respectful­ly disagree with the court’s decision and have filed a notice of appeal.” said Amy Spitalnick, press secretary for the New York State Office of the Attorney General.

Abelove’s office declined to comment on the appeal notice.

Nichols wrote in his decision that the Attorney General lacked the authority to prosecute the perjury charge. He also dismissed the official misconduct charges, writing that “... the evidence presented relative to the Perjury charge in the First Degree is so inextricab­ly intertwine­d with the charges of Official Misconduct that the Court cannot foreclose the possibilit­y

that the Grand Jury’s indictment of the Defendant on the charges of Official Misconduct was influenced by the presentati­on of evidence relative to perjury.”

The Attorney General’s Office, led at the time by Eric Schneiderm­an, had accused Abelove of withholdin­g evidence from the grand jury.

Abelove has said from the beginning that he’s done

nothing wrong.

After the charges were dropped, Rensselaer County Republican Committee Chairman John Rustin released a statement saying the accusation­s were motivated by politics.

Abelove is running for re- election to his post this year.

 ??  ?? Rensselaer County District Attorney Joel Abelove
Rensselaer County District Attorney Joel Abelove

Newspapers in English

Newspapers from United States