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State AG wants to reinstate charges against Rensselaer DA Abelove

Nov 15, 2018 12:31 am
Kenneth C. Crowe II reports in the Albany Times Union that the state attorney general's office wants to reinstate a felony perjury count and two misdemeanor counts of official misconduct against Rensselaer County District Attorney Joel Abelove that were dismissed by Acting State Supreme Court Justice Jonathan D. Nichols in June. Abelove, a Republican, lost his bid for re-election Nov. 6 to Democratic Mary Pat Donnelly by 55-to-45 percent. The state attorney general's office now says Abelove did not testify correctly before a grand jury in a 2015 Troy fatal police shooting case, when he said that the officer involved did not waive his immunity to being prosecuted. “The evidence also established that Abelove had been present in the grand jury room during this prior immunity waiver. And the evidence further demonstrated that the prior immunity waiver should have been memorable to Abelove because it was preceded by significant discussions with which Abelove was an engaged participant,” a motion to reinstate the charges says. “Having already abused the process before one grand jury to benefit French, Abelove perjured himself in front of another grand jury to benefit himself by preventing the grand jury from properly analyzing the very prosecutorial misconduct that the Governor had directed the special prosecutor to investigate," the attorney general's June 27 motion papers state. "Such perjury cannot be characterized as merely 'incidental' to the misdeeds under investigation. To the contrary, such perjury perpetuated Abelove’s failure to discharge lawfully the responsibilities inherent in his office.” Read the full story in the Albany Times Union.