HIGH PROFILE NEW YORK & FEDERAL CRIMINAL COURT CASES, PAROLE HEARINGS & SENTENCING

CONGRATULATIONS DEFENDER DAVE HAMMOND, RICHARD LUCIANI MSW. AND INV. CURTIS BROWN ON YOUR EXEMPLARY MITIGATION AND INVESTIGATIVE WORK

Dave Hammond’s client was indicted on charges of CPW-2 and CPW-3 for possession of two guns. He had no prior felonies but a long history of misdemeanor convictions. The People were insisting on a plea and sentence of 6 years. At first glance, the case seemed open and shut for the prosecution. Dave enlisted the help of Richard Luciani, MSW for mitigation and Curtis Brown of 1st Choice Private Investigations for investigation.

Mr. Luciani’s assistance was invaluable. Through extensive family interviews and the collection of medical and educational records, his thorough report highlighted the client’s difficult upbringing as a victim of domestic abuse and his significant cognitive disabilities.

This report nested perfectly with Mr. Brown’s investigative efforts, which produced evidence that a known gang member used their client’s mental shortcomings and susceptibility to influence, in order to stash his guns at the client’s home. The mitigation report and the affidavits secured through investigation created a compelling defense case that ultimately allowed negotiation of the sentence down to the minimum possible term on the indictment.

At his plea and over the People’s objection, the court agreed to release the client so he could enjoy Thanksgiving with his family before starting his prison term. When he appeared for sentencing after the Thanksgiving holiday, the court allowed another adjournment so the client could enjoy the Christmas holiday with his family, again over the prosecutor’s objection. The court cited Mr. Luciani’s report as a basis for the compassionate release. This case shows that when a case seems open and shut from an evidentiary perspective and the prosecutor doesn’t budge, mitigation and investigation can go a long way in improving the outcome.

Excellent work Dave Hammond, Richard Luciani and Curtis Brown!!

CONGRATULATIONS TODD SMITH AND RICK LUCIANI, CLIENT STAYED OUT OF JAIL AND AVOIDED THE REGISTRY

“Parents Against Predators Nationwide,” are part of a burgeoning online vigilant group where members pose as underage girls on the messaging app Kik and lure an individual to a spot allegedly promising some sort of sexual encounter. The group then videotapes the target at the meeting location and chastises them, live streams the encounter on FB and forwards the information to law enforcement.

These vigilantes have targeted individuals in CNY this past year. Police in Syracuse brought charges against one of the men targeted by this group and that man became Defender Todd Smith’s client. This client was charged with Attempted Dissemination of Indecent Material to a Minor, a felony.

Todd immediately brought mitigation expert Rick Luciani onboard and they worked hard. Despite the online conversations and videotape of their client, they were able to overcome, through substantive legal arguments and strong mitigation, a reduction of the felony to attempted Endangering the Welfare of a Child, a class B misdemeanor and a sentence of 1-year probation. No jail and no registry based on the hard work and dedication of Todd Smith and Rick Luciani. Excellent result under extraordinarily difficult circumstances. Bravo.

CLIENT RECEIVES HUMANE DISPOSITION AFTER DEFENDER UTILIZES SOCIAL WORKER, MITIGATION SPECIALIST AND INVESTIGATORS

Defender Elise Voutsinas along with Social Worker Laura Stabile, Mitigation Specialist Rick Luciani and Investigators Joe Spadafore and Carlene McGowen saw the fruits of their labor rewarded when their client, Sarah, received a fair, humane and just disposition on her cases.

Sarah was charged with Assault 1st when she stabbed her boyfriend in self-defense during a domestic attack. He almost died. Sarah also had a felony DWI charge and was charged with Criminal Contempt 2nd twice after the initial arrest. As a result, her children were taken by CPS. The defense team worked very closely with their client Sarah and Vera House regarding the CPS matter, domestic violence related Assault, complications of the orders of protection, and Sarah’s alcohol addiction. The team worked with Sarah during her treatment and assisted her in addressing her problems with alcohol and as a victim of domestic abuse.

Last week Sarah was sentenced to a conditional discharge on a reduction of the felony DWI to a misdemeanor DWI and her Assault 1st charge was reduced and dismissed. The two Criminal Contempt 2nd charges were ACD’d.

This is an incredible result that was made possible from the hard work of Defender Elise Voutsinas, Mitigation Specialist Rick Luciani, Social Worker Laura Stabile and Investigators Joe Spadafore and Carlene McGowen. This team went above and beyond to save Sarah from an outcome that would have ruined her life. Tremendous job by all!!

USE OF MITIGATION AND INVESTIGATION ILLUSTRATES THE ADVANTAGES OF A TEAM APPROACH

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.