State AG to appeal Abelove dismissal
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.