Schuyler Co. youth gets one-year detention

FingerLakes1.com

A fifteen year old Schuyler County boy was found guilty of being a Person in Need of Supervision and placed in custody on Wednesday by the Schuyler County Family Court.

According County Attorney Geoffrey Rossi, the teen was found to have run away from home on several occasions and used marijuana. Other evidence showed that the teen had a history of school misbehaviors, alcohol use, physical aggression, stealing, and other problems.

Based on the evidence, Family Court Judge Dennis Morris directed that the teen be placed in the custody of the Department of Social Services for detention and a therapeutic foster home placement of up to one year.

The county was represented in the case by assistant county attorney Steven Getman. At the hearing, Getman recommended that the teen’s legal guardian be ordered to undergo a drug and alcohol evaluation, due to reports that there was adult drug use in the teen’s home. Morris granted that request as well.

The teen was represented by assigned counsel from the New York State Attorneys for Children program. The respondent’s name and other identifying information is being withheld due to his age.

Legal links of interest for the week ending February 28, 2014

Attorney Steven Getman reports on some of the stories about lawyers and the law for the last week of February:

Arizona Religious Bill That Angered Gays Vetoed: The Republican governor said she gave the legislation careful deliberation in talking to her lawyers, citizens, businesses and lawmakers on both sides of the debate.

Calif. student wins $50G in Constitution lawsuit: A California college student who was blocked last year from handing out copies of the Constitution gave his school a lesson in civics and the law, winning a $50,000 settlement and an agreement to revise its speech codes.

Homeland Security wants national database using license-plate scanners: The Department of Homeland Security wants a nationwide database with information from license-plate readers that scan every vehicle crossing their paths, according to a solicitation last week from the agency.

In New Orleans courts, the legal gusher BP cannot contain: the source of much of BP’s ire lies with a legal donnybrook over a settlement designed to compensate individuals and businesses for economic harm caused by the spill. BP alleges that many of the 256,478 claims filed — by a parade of fishermen, hotels, surf shops, law firms, nursing homes, strip clubs and others — are unjustified or even fraudulent.

Justices appear divided over greenhouse gas regulation: this issue could be major test of executive authority, with some groups painting President Obama as misusing his power and ignoring the will of the legislature.

Law professor says US is at “constitutional tipping point”: Jonathan Turley, a law professor at George Washington University, testified before the House Judiciary Committee that the presidential use of executive orders threatens has created “a massive gravitational shift of authority to the Executive Branch that threatens the stability and functionality of our tripartite system.”

Man Framed by Detective Will Get $6.4 Million From New York City After Serving 23 Years for Murder: The comptroller’s quick acceptance of liability in the high-profile conviction is also significant because the case is the first of what is expected to be a series of wrongful conviction claims by men who were sent to prison based on the flawed investigative work of the detective, Louis Scarcella.

For more on each of these stories, click the links above.

Suppression ruling issued in case of alleged sexual abuse

Finger Lakes Times:

WATERLOO — Seneca County Judge Dennis Bender has ruled statements by a town resident accused of sexually abusing two young boys can be used if the case goes to trial.

In a ruling issued earlier this month, Bender said police properly gave Ronald Spoor his Miranda rights before statements he made to them in December 2012. The statements, some of which are on an audiotape, were the focus of a suppression hearing last month in Spoor’s case….

Spoor’s attorney, Steven Getman, argued police improperly gave Spoor his Miranda warning …. Getman sought to have the audiotape suppressed and not played at Spoor’s trial, which has not been scheduled.

Spoor said he had several beers before Grbic arrived at his house, had trouble understanding the Miranda rights and has difficulty reading. He claimed police coerced him into a confession after he repeatedly denied the allegations….

Getman said while he was disappointed in the ruling on the statements, he was happy to see Bender rule that uncharged crimes …can’t be used at trial.

“If the jury listens to the recording, we hope they will see the context in which those statements were made,” Getman said.

The charges against the defendants are accusations and a defendant is presumed innocent unless and until proven guilty in a court of law.

Getman reappointed to ethics board

Steven J. Getman has been reappointed to serve as a member of the Tompkins County Ethics Advisory Board.

Getman was reappointed to the board by the Tompkins County legislature at its meeting December 17, 2013. His term expires December 31, 2017.

Under provisions of the County Code of Ethics, the five-member board meets at least once a year and at other times, as convened by the Chair. Among its responsibilities, the board takes testimony and receives complaints concerning alleged unethical practices, which may be submitted by any individual. It also reviews financial disclosure statements filed by County officials and recommends the manner in which any conflicts of interest may be resolved.

An attorney, Getman is of counsel to the law firm of Franklin & Gabriel, in Ovid, New York, where he represents a wide variety of clients on civil and criminal matters, including municipal law and criminal law. He also serves part-time as an assistant county attorney in the Schuyler County Attorney’s office, located in Watkins Glen, New York.

In addition to his law practice, Getman is an adjunct professor in the Keuka College Criminal Justice program.

Accused molester’s alleged confession attacked

Finger Lakes Times:

Ronald Spoor… faces charges of predatory sexual assault against a child and criminal sexual act, both felonies, for allegedly touching [two] boys’ private areas while they were sleeping at his house. The predatory sexual assault charge, a class A-2 felony, is punishable by up to life in prison….

Spoor’s attorney, Steven Getman, is arguing police improperly gave Spoor his Miranda warning in Farmington and should have given him the warning in Waterloo. Getman is seeking to have the audiotape suppressed and not played at Spoor’s trial.

Spoor’s trial hasn’t been scheduled.

Spoor also testified at the hearing. Under questioning from Getman, he said he had several beers before [New York State Police] arrived at his house and had trouble understanding the Miranda rights. He claimed police coerced him into a confession after he repeatedly denied the allegations.

“They kept questioning me and saying I did it,” Spoor said. “They twisted it around when I said I might have touched him”

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“He felt he had to confess or he would be arrested,” Getman said. “It was a tainted statement.”

During his testimony, Spoor said he has no prior criminal record other than a DWI arrest in the 1980s.

[Seneca County Judge Dennis] Bender will issue a written decision on whether the tape can be played at Spoor’s trial.

The charges against the defendant are accusations and the defendant is presumed innocent until and unless he is proven guilty in a court of law.

Watkins Glen teen placed in detention

FingerLakes1.com:

A sixteen year old from Watkins Glen was placed in juvenile detention on Tuesday by the Schuyler County Family Court, at the request of the Schuyler County Attorney’s office.

According to Schuyler County Attorney Geoffrey Rossi, the teen had been found to be a juvenile delinquent and placed on probation on charges of “Unauthorized Use of a Motor Vehicle” earlier this year. According to police reports, the teen had taken a motor vehicle without the owner’s permission and gotten into an accident, damaging the vehicle in excess of $800.00. The boy was placed on juvenile probation in May of this year, ordered to pay restitution and to stay out trouble.

However, probation officials allege that the teen failed to pay restitution and continued to misbehave in school.

Based on these allegations Assistant County Attorney Steven Getman asked that the teen be placed in detention pending further court action. Family Court Judge David Brockway granted that request, finding that the teen was at risk to commit further misbehaviors.

If the court upholds the probation violation charges, the teen faces up to one year placement in a state secure facility, which can be extended until his eighteenth birthday.

The charges against the respondent are accusations and a respondent is presumed innocent unless and until proven guilty in a court of law.

Presentation: avoiding online consumer headaches

Cornell Cooperative Extension will be hosting a Consumer Issues program on Thursday, December 12 at 11:00 am.

The topic will be Avoiding Consumer Problems on the Internet. Speakers will explore ways for consumers to protect their identity, financial accounts, and personal information, and what to do to resolve problems if they occur.

Cornell Cooperative Extension is located at 615 Willow Avenue, Ithaca, New York. The program is free and open to the public; no registration is necessary.

For more information, click here or call the Consumer HelpLine at 607-272-2292 weekdays between 10:00 am and 2:00 pm.