Friday, November 22, 2013

DA McNally's curtain call

McNALLY

I supposed I have to weigh in on John Halacy, the Rensselaer guy charged with sexually assaulting two young teenage girls who was sprung from jail because of a procedural error by an assistant in the office of District Attorney Rich McNally.

Some background: A defendant is afforded a right to a speedy trial, which means prosecutors are required to take some sort of action within 90 days unless the defendant waives that right while the two sides try to work out a deal. In Halacy’s case, there was evidently a verbal agreement to waive the provision but it was never formally filed. As such, both felonies were dismissed and they can’t be brought again thanks to double jeopardy. Halacy walked out of jail basically a free man. Yes, he is facing new, but lesser, charges and is looking at a year in jail rather than decades.

It’s not a flattering way for McNally to exit the office he’s held for six years. As you know, he was elected to the Supreme Court and will don the robes on Jan. 1.

A couple things. McNally told The Record it was the first time such an incident has happened and I have no reason to believe the reporter got it wrong so I’m going on the premise McNally said it. But, I know it has happened before and I dare say more than once. To be fair, the exact quote is it’s the first time it has “come up with this particular team in my administration” so technically he might be right, but in reality it’s a misleading statement at best.

He also said the ADA in charge of the case, Laura Kruegler, is a “fairly new” ADA, but I know for a fact she has been there since Patricia DeAngelis’s tenure. Kruegler’s Facebook page says she started in the DA’s office in 2000, a long time for an attorney to work in any DA’s office since private practice is where they make the big bucks.

She has, though, had some health issues to navigate and McNally is correct in saying that the ADA’s are swamped and that he’s been repeatedly denied requested help. That was in response to a letter by the Republican majority on the county Legislature looking for answers regarding what happened in the Halacy case - a legitimate request, and one that is infinitely more substantial than patting the Hoosick Falls volleyball team on the back for coming in third place.

McNally has had a tough go of things as DA, maybe even a tougher than his two Republican predecessors … and that’s saying something.

While nobody suspected it at the time, his 2007 election was brought into question during the 2009 voter fraud scandal. Former City Clerk Bill McInerney testified to forging hundreds of absentee applications and ballots in 2007 and 2009. And McInerney worked for McNally in 2007 when the race went to the absentees.  

Then, once taking office in 2008, he allowed a grand jury hearing evidence regarding political extortion charges against Democratic Party Chairman Tom Wade to expire without finishing the job by issuing an indictment or a no bill. It just expired.

Then, according to court room testimony and his own admission, McNally had a conversation with McInerney (photo to the right) about which attorney the latter should hire after he was charged in the voter fraud scandal. That conversation came after McNally recused himself. It was never pursued but it smacks of a conflict of interest.

Then, McNally failed to recuse himself in a DWI case brought against Wade’s daughter after Wade was instrumental in getting him elected in 2007 and again in 2011. The disposition of the case might not have been out of the norm, but the appearance of impropriety is certainly ugly.

Now, we have a man who skates on charges of sexually assaulting a 13 and a 14-year old girl.

One of the teen’s moms, obviously upset with how things went, said she is out for some street justice. I can’t condone it, but I can’t say I blame her either. She certainly didn’t get any justice here.

 

15 comments:

  1. Thank god he's leaving the DA's office. He is a bad person and a corrupt public servant.

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  2. Gary Gordon is going to get mad at you for writing this Jim.

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  3. Has the GOP led legislature sent a letter to Mahar demanding resolution to the HIPAA investigations that have been on going since 2011?

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  4. Say no to domestic violence.

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  5. 4:53: I was wondering how long it would take before this came up. Anyone wants to call me I will be happy to explain the entire thing but I'm not going to do it here. Safe to say there was no violence involved nor was there ever a threat of violence.

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  6. You don't have to explain yourself jim you were done wrong.

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  7. Having been through the same insane nonsense with a woman --nothing you say is believed by the police --especially if the woman is hot, and as usual, the cop is trying to score points with the woman. Damn crazy ex spit on me in a bar downtown once cause I said high to an old friend, then scratched my face and spit on me again --I put my hand up to block an attempted punch (never laying a hand on her), and I get pushed off my bar stool by a bouncer --go outside to leave --and have 6 cop cars responding --thrown up against a wall --while 2 of the cops are flirting with her. Feel for you Jim --been there/done that.They should just legalize prostitution -it would be cheaper, and less aggravating

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  8. Who do you hear to be the next DA? Maybe give us a post with some of the early favorites.

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    1. I can do that. I'll make some phone calls tomorrow.

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    1. Dunne would know

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    2. If it was me everything would be awesome and perfect and peachy keen. I put the man that burned the chest away for a while if you know what I mean

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  10. Funny thing Jim Laura Kruegler has to have Mal Practice Insurance It might be a long shot but I know she is immune to prosecution But is her Insurance Policy immune ??

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  11. HUH I was wondering why McNally refused to look into that facts that Charlie Sarris used a Notarized Statement That was a False Statement and His Exact Words to a Family member was That Sarris is an Honorable Man HUH ????

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