Prosecutor will start again with Post case
Oct 16, 2015 5:47 am
Michael Ryan is reporting in The Daily Mail with further details on the court decision handed down Tue., Oct. 13, in the Stacy Post felony eavesdropping case. In that decision, Columbia County Supreme Court Judge Richard Mott dismissed the felony indictment handed up in February, and gave the state the option to re-present its case. Mott determined the grand jury proceedings were defective. Mott said, among other things, the state usurped the deliberative role of the grand jurors by soliciting witness opinion and then presenting that opinion as fact. In one instance the credibility of one witness was called into question because they claimed to be a friend of Post's. In another, the witness was asked if they feared Post, "thereby eliciting a response that impugned the defendant's character," Mott wrote. Post’s attorney, Dennis Schlenker, said, “The decision speaks for itself. There are special duties given to a prosecutor and he or she is supposed to adhere to the rules.... This goes beyond whether an attorney obeyed the rules. I find it outrageous. I will defend this case as vigorously as possible." Special prosecutor John Sandleitner said, “Obviously, I disagree with the court’s decision. This case is not going to be abandoned.” Post was indicted on 30 felony counts of eavesdropping, official misconduct and possession of eavesdropping devices. It is alleged that she placed audio and video recording devices in Windham Town Hall to monitor the conversations of town employees and visitors. Post has continued to serve as town supervisor and is seeking re-election on November 3. Sandleitner will present the matter to a Greene County grand jury once again on Wed., Oct. 21. Read the full story in The Daily Mail.