In early 2021, Defender David Hammond was assigned to the highly-publicized “Creek Walk” rape case and quickly sought the assistance of Defender Brian Tedd, as co-counsel.
The fact pattern was not in their favor: the victim was visiting Syracuse from out-of-town to enjoy the holidays with family and while jogging in the Creek Walk area, was accosted by a man who attempted to rape her. In addition, an elderly couple who tried to assist the victim was assaulted as well.
After case review, they retained the services of both Investigator Curtis Brown, and Mitigation Specialist Rick Luciani to conduct both legal and social investigations, respectively. It became clear that this casé would center on their client's trauma-filled background.
Rick did an amazing job at retrieving over 15 psychological evaluations and treatment records from schools, local human service agencies and juvenile facilities, all of which documenied their client’s low-level functioning, history of being the victim of serious abuse and neglect which led to several mental health diagnoses. They also retained the services of Tricia Peterson, Ph.D., to conduct a thorough psychological profile of their client and she, too, did an admirable job at making the clinical connection between their client's background and his involvement in the present matter.
This team prepared a rather extensive mitigation report with some 20 exhibits and proposed to the court prosecution a sentence in the 8-12-year time span. While the DAs Office rejected this approach and stood by a recommendation of 22 years in state prison, the judge accepted their mitigation approach and despite a compelling victim-impact statement, sentenced their client to a 12-year determinate term. This case illustrates the many advantages of a “team approach.” Great job Dave Hammond, Brian Tedd, Curtis Brown, Rick Luciani, and Tricia Peterson.
Richard Luciani — New York Sentencing & Parole Advocacy — rluciani@twcny.rr.com — 315-243-9211