Saratoga County District Attorney James A. Murphy III has been reappointed to the 14-member Commission on Forensic Science, which handles developing a program of accreditation for forensic labs in the state, as well as developing minimum standards for the laboratories.

Murphy has been in the position since 2004 when he was appointed by Gov. George Pataki. He was then reappointed by subsequent governors, now including Andrew Cuomo.

"I am gratified that you have accepted this reappointment and I am confident you will continue to serve the people of New York with dedication and distinction," the governor said in a statement.

In the same statement, Murphy said: "I am honored to have been appointed to the Commission to ensure that we maintain the best practices for all the forensic science labs in New York State. Only by having state of the art labs, vigilant testing and retesting, and disciplined protocols can we ensure that evidence is properly examined and useful in criminal cases."

Back in May, when I found out he was on this commission, he was a good source for a story about crime labs in the state, particularly the State Police Crime Lab in Albany.

The rest of the board consists of:

Chair: Michael C. Green, Executive Deputy Commissioner
New York State Division of Criminal Justice Services

Kathleen Corrado, Ph.D., Director
Onondaga County Forensic Science Laboratories

New York State Police Superintendent Joseph A. D’Amico
Albany, New York

District Attorney William J. Fitzpatrick
Onondaga County

Brian J. Gestring, Director DCJS Office of Forensic Services
Albany, New York

Richard Jenny, Ph.D.
New York State Department of Health

Peter J. Neufeld, Esq.
New York City

Marvin E. Schechter, Esq.
New York City

Barry E. Scheck, Esq.
New York City

Marina J. Staji, Ph.D., Director of Toxicology Laboratory
Office of the Chief Medical Examiner in New York City

Ann M. Willey, Ph.D.
Chatham, New York

Ex-officio:
Commissioner Nirav R. Shah, MD, MPH
New York State Department of Health

I talked to DA James A. Murphy III today, asking him about David Jelenik, who I had heard was supposed to be in court today (The story for that will be found here when I write it in about 15 minutes), but we got off on the topic of Dennis Drue, the driver who allegedly caused an accident killing two Shen students and injured one other and a Shaker student. He was indicted yesterday on 59 counts for the accident.

He posted his $100,000 bail bond and last night he also turned over his shotgun — a requirement of his arraignment. He is expected to turn over BOTH of his licenses (One for Dennis Drue and the other for Dennis Toomer, which was his former name) today. They were revoked, also as a requirement of bail.

In our conversation, he said he got a lot of questions from reporters yesterday about why his driving record was relevant to his bail, since Murphy argued he represented a “substantial flight risk.”

He said Drue didn’t show up to court for five of the 13 speeding tickets he was issued in four and a half years. 

Whether that translates to skipping out on manslaughter charges I don't know, but Murphy said the driving record was relevant.

“Our purpose in bringing up his four accidents and his miserable DMV record is to try to show his character, his failure to make court appearances and that he tends to put himself above everyone else,” he said.

Monday, Drue’s attorney, Stephen Coffey, maintained his client did not commit any crime in the crash, regardless of his driving record. He said his client was being made a “scapegoat” by the DA for the accident.

“I’m simply saying, reality is that the public’s perception, because of this terrible accident, is that he is guilty. In fact, a couple hundred years ago we wouldn’t even need a trial because we got a tree, some rope and that’s all you need,” he said.

Early blood-alcohol tests show Drue was not legally drunk behind the wheel. Murphy said blood-tests indicated he had “active” THC in his system, indicating he had recently smoked marijuana and it was still working in his system during the crash, and he had SOME alcohol, so they charged the “driving while ability impaired by a combination of drugs and alcohol” charge, which doesn’t require a specific BAC or level of THC. 

Anyway, below is his driving record and the indictment. 
Drue Indictment, Driving Record

Well, it seems that all you have to do in the blogosphere is ask and ye shall receive.

Yesterday I posted about a star-studded press conference in the legislative office building in Albany for Animal Advocacy Day. In it, I mentioned that A) I wanted a picture of some of the stars and B) I wanted to know how Saratoga County District Attorney James A. Murphy III felt about being in the presence of the stars, who included:

"Prince Lorenzo Borghese, an entrepreneur and New York City-based animal advocate who is best known as the featured Bachelor from season 9 of the hit ABC reality show, The Bachelor, Laura LaFrate an animal advocate from Scotia who was the runner-up on this season of America’s Next Top Model, and acting dog Bocker the Labradoodle, who has appeared in Men in Black 3, Eat Pray Love and War of the Worlds"

Well today, I got both. Here is a picture Murphy sent me:

And the following is his account of his day in the Capital that he wrote while on a train on the way to New York City (this may be this blog's best post ever):

Upon arriving at the Legislative Office Bldg (LOB) for Animal Advocacy Day, I was shown into a private room just off the cavernous 3 story lobby of the LOB (aka "the well") where they had a VIP room of sorts. I wondered if they had mistaken me for someone else and I was accidentally being shown into this room, after all there were about 100 assembly-persons and senators just down the hall. Inside this room, there were 3 people. A woman I had only met "virtually" on-line, Julie Ann, a tireless advocate for animal rights, who volunteers her time for Assemblyman Jim Tedisco. We have Facebooked, and emailed each other about animal rights legislative issues and a bit about Animal Advocacy Day; a woman Marie Shelto, handler for the famous dog Bocker, who appeared in Men in Black 3, Eat Pray Love and War of the Worlds ( Bocker is a Labradoodle, probably the smartest guy in the room and the most well behaved. Bocker has an agent, and a whole entourage who he had given the day off) , and then of course, the Prince.

He is a handsome guy who you couldn't take a bad picture of if you tried. Royal, wealthy and reeked "coolness." I was definitely in the wrong room. Although having lived with royalty for 16 years (two teenage daughters) I was still quite ill at ease. Do you say "Good morning Your Highness", "Hi Prince Borghesi," "How do you do Prince Lorenzo?" I settled on a firm hand shake and good eye contact and a "Good Morning, I'm Jim Murphy"... he saved the day, he said "Hi, I'm Lorenzo."

What followed was a half hour conversation with one of the nicest most down to earth guys you'd ever want to meet. No pretense, no airs, no affectation. He was just like you and me, except Pope Paul V gave his family most everything south of Rome for 200 miles in 1600 and bestowed royal titles on them. Who doesn't have their coat of arms emblazoned on the front of St. Peter's Basilica? I discovered in the time we chatted that he is a true animal advocate first and willing to work to make a difference. He had followed the case of Ann Arnold through the press; the Greenfield woman who had been convicted of failing to provide sustenance for her 17 horses and he was glad of the outcome. He was curious about the state of NY's laws. Lorenzo was astonished that under our current law we could not bar someone from having pets in the future if they were convicted of animal abuse and he wants to make that a priority in NY, with stiff jail sentences too.

It is clear he is an animal lover and deeply committed to this cause. I applaud him for his outstanding work by assisting us with his name and influence to get Albany to understand the importance of tough penalties for animal abusers.

Lorenzo has teamed with Animal Aids’ veterinary partners for low-cost spay and neuter services in low income areas throughout the United States and uses his business, Borghese’s Royal Pet Club to donate $2 from every new customer purchase and five percent of profits from Royal Treatment pet care products to support a spay/neuter program throughout the country .

Borghese said, "I was compelled to join the Animal Advocacy event to help bring awareness to the plight of abused animals … and to be … a voice for the voiceless. We must come together to end all abuse of our innocent and loving animal friends. I am continually shocked that our great nation hasn't implemented strict, uniform laws to stop the horrific abuse occurring daily. It is my intention to bring awareness to this issue and help get tougher laws implemented.”

At that it was time for us to go to the "well," the press event had begun. I know that animals are better off because of his work and his support. I know it was a pleasure meeting him and animal rights advocates are lucky to have him on our side.

James A. Murphy, III

I really hope someone takes some pictures of today's press conference with Assemblyman Jim Tedisco (R-Glenville) and Sen. Greg Ball (R-Patterson).

Both politicians have been involved in drafting legislation for tougher laws on animal abusers and they're getting together for Animal Advocacy Day, so of course their dogs will be in attendance — Tedisco's Corgie Amazing Grace aka Gracie (nicely done, sir, how 'bout a picture next time. I have a soft-spot for corgies — I know county reporter Michael Cignoli is with me on that) and Ball's dog Hannah.

But those dogs won't be the only unusual appearances at a political event.Also in attendance will be (and from here I'll just let the press release take over):

"Prince Lorenzo Borghese, an entrepreneur and New York City-based animal advocate who is best known as the featured Bachelor from season 9 of the hit ABC reality show, The Bachelor, Laura LaFrate an animal advocate from Scotia who was the runner-up on this season of America’s Next Top Model, and acting dog Bocker the Labradoodle, who has appeared in Men in Black 3, Eat Pray Love and War of the Worlds"

I know politics makes strange bed-fellows, but wow. (Yes, those are his links.)

To give credit where credit is due, also slated to be in attendance are:
Assemblywoman Amy Paulin (D-Westchester)
Assemblywoman Linda Rosenthal (D-Manhattan)
Steve Caporizzo of Pet Connection
Nassau County District Attorney Kathleen Rice
Schenectady County District Attorney Bob Carney, who prosecuted the case that inspired Buster’s felony animal cruelty law
Saratoga County District Attorney Jim Murphy (I'll have to ask him about being star-struck by Bocker the labradoodle)
Hundreds of pet owners, animal supporters, rescues, shelters, veterinarians

The event, for those who can't miss the action, is Wednesday, June 13^th from 9:30 a.m. to 11:30 a.m. at the Well of the Legislative Office Building in Albany, NY. The speaking program, which will be emceed by Steve Caporizzo, from Pet Connection, will begin at 10:30 a.m.

Exciting update!
I found a picture of Gracie on a flier for the event:

The legal decision for Katherine Seeber's appeal is an interesting read (for those who like that sort of thing like myself).

Now, let me preface this by stating that I am not a lawyer (not that you would confuse me for one), but this decision strikes me as something that may set precedent.

Ok, first the legal overview.

Saratoga County Judge Jerry Scarano vacated Seeber's plea last year based on the State Forensic Lab's fiber analyst, Garry Veeder (yes, two R's in Garry).

In their oral arguments before the appeals court, Broderick said Veeder was acting on behalf of the prosecution when he faked the results of his tests and argued it amounted to a “Brady violation.”

A Brady violation is basically a legal term for when prosecutors suppress evidence from the defense in a case.

In their decision, the appeals court emphasized that “there is absolutely nothing in the record to suggest that either the Saratoga County District Attorney’s Office or the State Police were aware—prior to the time that the defendant entered her guilty plea – that Veeder cut certain procedural corners … nor are we suggesting that either the prosecutor or the State Police – save Veeder—did anything improper hear.”

However, they point out that Veeder had “effectively overstated the results” in Seeber’s case and the court agreed that he was “acting on behalf of the prosecution” in doing so.

While proving the prosecution’s collusion in misleading evidence is required for the Brady violation, the court pointed out that it “potentially sets the stage for a situation where a truly innocent person, whose conviction was obtained solely upon the basis of admittedly falsified, manufactured or otherwise unreliable evidence, might remain in prison simply because the people were unaware…of malfeasance on the part of a law enforcement representative.”

This, to me, smacks of precedent-setting.

First, the judge approves the Brady violation despite the fact that the prosecution was not aware of the suppressed or misrepresented evidence — generally a requirement of a Brady violation.

Furthermore, it lumps Veeder in with the prosecution, something it did not seem like the five judges in the appeals court were going to go for during oral arguments, but there you have it.

As for the prosecution, Saratoga County District Attorney James A. Murphy III said he could not comment on the case, specifically, other than to say “we are prepared to proceed with a trial and will be ready when the court sets a trial date. Despite the fact that she opted not to have a trial initially does not mean she should not be entitled to one now.” (of course, that was before she pleaded guilty to manslaughter)

At the same time, he said that his office is “satisfied with the Appellate Division’s decision and are quite pleased.” He said his office only appealed the case the former Assistant District Attorney Richard Wendling’s “conduct and integrity (was) in issue,” and he maintained Wendling, who no longer works in the District Attorney’s Office is “an outstanding professional."

And sorry for how the decision is displayed below. I can't figure out how to make Blogger and Scribd get along. If you click "Full screen" though, you'll be able to read it.

Seeber Appeal