11/29/07 - Richard DiGuglielmo

THE WESTCHESTER GUARDIAN
THURSDAY, NOVEMBER 29, 2007
PAGE The Wheels Of Justice Continue To Turn
For Richard DiGuglielmo
THE WESTCHESTER GUARDIAN
THURSDAY, OCTOBER 4, 2007
PAGE Westchester County Court, White Plains
Judge Rory J. Bellantoni Presiding
Last Monday morning, November 19, the twice-postponed Post-Disposi- October 7, 1996, did you have the occasion to again sign a statement?” Dillon
tional Evidentiary Hearing, scheduled by County Court Judge Rory Bellantoni in replied, “Yes.” Schapiro then asked, “Was that statement accurate?” The witness
response to the 440.10 Application of Richard DiGuglielmo, presently serving a answered, “No.”
20-year-to-life sentence for the Depraved Indifference Murder of Charles CampAfter establishing that Dillon had given an interview immediately following
bell, got underway.
theperceives
incident,
4 ofTelevision
News,
If one is truthful with respect to New York State’s Unified Court Sys- who
the roleto
of aChannel
judge in terms
the opportunity
to serve and voir diring the videotape contem one
must acknowledge
that there is very
to feel
encouraged
community,
as a reward
some past political
favor.
One of the more controversial and
improbable
outcomes
in alittle
long
series
of his
taining
a and
clipnotfrom
theforinterview
of October
3, 1996, that tape was played and
about these days. Political hoodlums such as Giulio Cavallo, whose prinSome might call Bellantoni a “Fordham Man” in light of his graduasuspect prosecutions under the 12-year
reign
of
former
Westchester
District
Atviewed
by
everyone
in
the
courtroom,
including
some 2 dozen family, friends
ciple business involves the sale for cash of Independence Party cross-en- tion Summa Cum Laude, and Phi Beta Kappa from Fordham Universithan others.
Unfortunately,
for many,
ap- the conviction
dorsements,
only function
with
impunity,
ty, followed
by his graduation
from Fordham
torney Jeanine Pirro, herself the subject
of anotfederal
investigation,
and supporters of
DiGuglielmo
on one
side of the courtroom and an equal numpointments,
and nominations
run for
but
are supported,
judicially and to
financially,
Law, on the Dean’s List in 1995. His experiof New York City Transit Police Officer
Richard
DiGuglielmo
ber of same for the family of decedent Charles Campbell, on the
by
the very appellate
court,
members
of
ences in the United States Attorney’s Office,
judgeships
have come
bymany
way of
political
for the killing of a bat-wielding assailant
who
beating
the Westofwhich
had
paid
money
toLord
him knows,
to ensure
their
asother.
well as his stint as Senior Assistant District
cronyism,
andwas
payoff.
election
to the
State Supreme
In addiAttorney
in Rockland County,
and particuficer’s father, has defied legal sensibility
for
more
than aCourt.
decade.
Following
the tape,
Mr. Schapiro asked Dillon to read from
tion, the former Administrative Judge of the
larly his service as Law Clerk, and Court AtMany have recognized the prosecution
as
one
of
political
opthe
statement
he
gave
to
Dobbs Ferry Police on October 3, 1996,
That
is
why
it
is
particularly
refreshentire State Court System, Jonathan Lippman,
torney to the Hon. Sam Walker, helped preand 3,
encouraging
when
comes
portunity for Pirro, who tried the October
1996
tragedy
the
shortly
after
thejudicial
shooting.
aing,
Democrat,
now
Presiding
Judgeone
ofin
the
State
pare
him for his
desired
career. Describing Officer DiGuglielmo’s acacross
a Court
judge Appellate
the ‘rabble-rouser’
likesDivision,
of RoryFirst
BellanSupreme
DeIn addition
to his present
assignment
as
press for a whole year, employing the
services
of
tions,
he read,
“When
he reached
to within three or four feet of
toni. Having
sat in his
courtroom
nupartment,
desperately
needing
to get on
elected
Presiding Judge of Westchester’s Sex Offender
Al Sharpton, and paid busloads of pickets,
the
entire
time
before
him,
the
Black
male
was
still
merous
occasions,
a reporter,
I have
to
the State
SupremeasCourt,
colluded
and
Court, and Acting Justice of the Supreme Court, swinging the bat.”
conspired
Westchester
County Court
Judge Bellantoni
has also
served “Did
in Family
seen,re-election
firstwith
hand,
the
and
coming to trial, just before running for
in dedication,
November
Schapiro
asked,
the police question you again?” The
Judge
Joseph
Alessandro,
Republican,
to
Court
dealingsaid,
with issues
of custody
and sup- continued, “How did you learn they
striving,
to bring
abouta just
and con1997.
witness
“Yes.
”
Schapiro
cross-endorse
each other,this
thusyoung
manipulating
port. As an Acting Supreme Court Justice he
structive outcomes,
jurist
Officer DiGuglielmo, his middle-aged
and
his
brothwere
looking
for you?”
responded, “They showed up at
the
electoral
process
and His
absolutely
guaranhas
had diverse
civil experience.
In short,Dillon
he is
brings
to father,
every
case.
belief
in the
teeing
their
election.
ready,
well-prepared,
for the State Supreme
er-in-law, were all acquitted of Second
Degree
Assault.
myand
job.
”
American
advocacy
system of Addijustice is
In light
of thethe
facts,observer,
that represent
Court position he now pursues.
clear,
to even
casual
as hea
tionally, Officer DiGuglielmo was acquitted
ofabove
Second
Degree
Schapiro probed deeper, “Did you go anywhere with the povery
small fraction
of the
scandalous
conduct
Bellantoni, a Republican, has enjoyed sigrepeatedly
goes out
of his
way to provide
Intentional Murder; but, through aineach
series
ofcourts,
incorrect
jury
inlice?”
Dillon
theside
statewith
particularly
Westchester
nificant
support
fromanswered,
Democratic and“Yes,
other to the police precinct in Dobbs Ferthe full benefit of the Law
Court,
Matrimonial and
voters
his reputation
for fairness
structions, and twisted and turnedSupreme
witness
testimony,
heCriminal
was
ry.” because
Askedofhow
long he
was questioned for, Mr. Dillon estimated
Parts, that The Westchester Guardian has
and his demonstrated dedication to justice
convicted under the theory of Depraved
Indifference
Murder,
ain
aboutregard
twoto hours.
went on to explain that the Dobbs Ferry
beenBellantoni,
exposing
for
time,
it is particuwithout
politics. HeHe
has repeated37,some
is truly
precocious
crime for which he could not be convicted
today.
three
larly
and reassuring
to observe
the
lyPolice
received showed
enthusiastic up
support
frommore
labor times at his job, each time reporttermsrefreshing
of his
judicial
temperament.
Some
judicial
activities
of20,
aa dedicated,
courageous,
unions,
police
agencies
and civic organizamight say
he’s had
good
example
in his
One of the witnesses, Michael Dillon,
then
who
immeing
the
same
scenario,
each
time transporting him in the back of
jurist
such asSupreme
Rory J. Bellantoni.
JudgeOraBeltions throughout the Ninth Judicial District.
dad, State
Court Justice
Rory J.
J. Bellantoni
JudgeJudge
Rory
Bellantoni
diately following the incident, told lantoni,
Channel
4 Judge
News,
“You see
a The
police
him like a suspect rather than a
Presiding
of Westchester’s
Sex
father car,
of twoessentially
young children, handling
BellanCourt,
is a true
in the American about
advocacy system
once again
been taking his
campaign,
to the dooryour father getting beat with a bat;Offender
you’re
going
tobeliever
do something
it. Soof toni,
witness.
Hehasdescribed
the
policeliterally
interrogations
as an “intimidating atmosphere.”
justice. Politics play no role in his courtroom, as he goes out of his way steps of people across Westchester, Putnam, Rockland, Orange, and
it was self-defense from where I saw
it.” That witness gave sworn statements to He acknowledged that family members, his father, his older sister “thought the
to provide each side with the full benefit of the Law in an effort to insure Dutchess Counties, often accompanied by his lovely wife Amy as well
investigators for defendant DiGuglielmo,
moreoutcomes.
than a year ago, that are the basis asDobbs
Ferry
Police
Department’s
behavior
toward him was strange.”
just and truthful
his mother,
in a truly
‘grass-roots’
effort. He not only
enjoys meeting
Judge Rory Bellantoni,
38, manifests a judicial
with people,
also seesof
histhe
campaign
excellent statements taken from him by the
for the present 440.10 Motion before Bellantoni.
Thoseatstatements,
that temperament
allege thatfar and speaking
Bringing
out but
a copy
last asofanseveral
his years. Perhaps his precociousness is due, in part, to the good opportunity to hear first-hand what is on the minds of individuals with
between his first statement to Dobbsbeyond
Ferry
thefrom
evening
ofState
October
3, 1996,
police,
asked
Dillon,
“The
example
hePolice
has witnessed
his father,
Supreme Court
Justice regard
to theattorney
ways in whichSchapiro
the state courts
may more
positively
impactOctober 7, 1996 statement, was that
in which he described an act of self-defense,
and The
histemperament
last statement,
given
in the their
in your
Orazio R. Bellantoni.
is well placed
in an individual
lives. N words?” Dillon responded, “No.”
wee hours of October 8, there were at least two other interrogations by that police
At this point, Assistant District Attorney Timothy Ward sought to voir-dire
department, involving harrassment by two or more officers coming to his job and on the statement, which was actually produced after many hours of interrogation
taking him in the back of a marked police car to Dobbs Ferry Police Headquarters at about 1am October 8, 1996. Granted permission by the Judge to proceed, Ward
for several hours of interrogation, three nights in a row, until he changed his ac- asked Dillon to read the entire statement to himself and then, upon the witness’
count to one that satisfied their needs.
completion of the task, Ward asked, “Any words added or subtracted by Dobbs
Prior to the commencement of testimony, Judge Bellantoni ruled on an infor- Ferry Police?” Dillon answered, “No.” Ward then asked, “At the bottom where it
mal request by the Rivertowns Enterprise Newspaper to use a camera and record- says deponent, did you sign that?” Dillon responded, “Yes.”
ing device in the courtroom, denying it. The Judge then declared, “We are here
Schapiro who now continued his direct examination asked, “Is this statement
today to take the testimony from Mr. Michael Dillon as to whether there was any in your own words?” The witness answered, “No.” Going further, Schapiro got
undue influence exerted on him between his first and last statements.”
specific, “What does this statement say about whether the bat was swinging?”
Attorney Andrew Schapiro, of the law firm Mayer, Brown in New York City, Dillon responded, “It says he was not swinging the bat.”
who has been Mr. DiGuglielmo’s pro bono attorney for more than eight years,
Attorney Schapiro then asked, “How did you feel about that?” The response
called his first witness, Michael Dillon, now 31, to the stand.
from Dillon was, “I was feeling intimidated and tired.” Schapiro then asked, “Are
Schapiro inquired, “Mr. Dillon, on October 3, 1996, did you have the occaison to sign a statement?” Dillon responded, “Yes.” Schapiro then asked, “On
Court Report continues on page 19
Judge Rory J. Bellantoni Embodies The Qualities
We Should Seek In A State Supreme Court Justice
THE WESTCHESTER GUARDIAN
Court Report
...continued from page 3
you nervous today?” Dillon answered, “Extremely.”
Schapiro: “Do you want to be here?”
Dillon: “No.”
Schapiro: (Referring to an investigator for the Defense) “After you signed a
statement for Mr. Duno, did anyone from the DA’s office show up at your home
in Harrison?”
Dillon: “Yes. DA investigator Ed Murphy, with a gentleman I don’t know.”
Dillon then described going to the DA’s Office and going over the October 8,
1996 statement for one and a half hours.
Mr. Schapiro now produced the e-mail that Dillon sent to Defense Investigator Duno following that meeting at the DA’s Office with Assistant DA Ward,
Investigator Murphy, and another DA attorney.
ADA Ward immediately objected to exposure of the e-mail, but was overruled
by Judge Bellantoni. Ward then began to voir-dire with, “You were concerned...”
at which point Bellantoni asked, “Are you going to voire-dire or cross-examine
him?” Ward immediately backed off and discontinued his line of questioning.
Mr. Dillon now told the Court that he felt intimidated at his August 11 meeting with Ward and Murphy at the Westchester District Attorney’s Office, amongst
other reasons, because Mr. Ward had asked him if he was sure he wanted to get reinvolved in the case given that “in 1996 it was a race issue, and I would be opening
myself up again.”
ADA Ward now began his cross-examination of witness Michael Dillon, attempting to soften the impact of what Dillon had just accused him of doing at
the August 11 meeting. Ward asked, “Do you remember who was at that meeting
with you at the DA’s office in August?” Dillon answered, “You and Mr. Murphy,
and another person.”
There followed several questions designed to shake Dillon from his certainty
and his feelings toward what had occurred on August 11, but the witness held
firm. Finally, getting nowhere with his line of questioning, Ward asked, “Do you
know why you are here today?” Dillon said, “Yes.” Ward challenged, “Why are you
here?” Dillon shot back, “To tell the truth.”
It was now 1pm, and Mr. Ward was grateful to break for lunch. As matters
turned out, the hearing did not resume after lunch because of an unexpected intervening event precipitated by Administrative Judge Frances Nicolai.
Analysis:
The hearing into recent statements by Michael Dillon, key witness in the trial
of Police Officer Richard DiGuglielmo in 1997, alleging that the statement he
gave at trial that coincided with the last of five consecutive statements extracted
from him by the Dobbs Ferry Police was not accurate as regarded what he actually witnessed, and initially reported, concerning the conduct of bat-wielding
assailant Charles Campbell on the evening of October 3, 1996 and Defendant
DiGuglielmo’s response to him, was called for in response to the 440.10 Motion
brought by attorneys for Mr. DiGuglielmo more than a year ago.
Mr. Dillon is not the only witness or potential trial witness who has indicated
that the Dobbs Ferry Police engaged in unlawful intimidation and witness-turning in a “full court press” effort to get statements and testimony for trial that would
support the confabulated version of events by Jeanine Pirro in her effort to turn a
clear case of self-defense, a justifiable homicide, into a bias crime simply because
the enraged assailant was a Black man. The so-called “Deli Case”, much like the
“Strike Zone” case, involving Anthony DiSimone, are two of the more well-known
and egregious examples of Mrs. Pirro’s “prosecutions of political opportunity.”
It is most unfortunate that, once again, Mrs. Pirro’s successor sees fit to defend the extreme prosecutorial misconduct that resulted in Police Officer Richard DiGuglielmo’s conviction based upon false testimony, in reality, suborned
perjury, just as in the case of Anthony DiSimone, who was released from prison earlier this year, on a Writ of Habeus Corpus from Federal Court when the
Westchester DA was compelled, seconds before a similar evidentiary hearing in
Federal Court, to acknowledge that she was withholding 376 pages and 52 boxes
of exculpatory material, including a confession by the actual killer, of Louis Balancio Jr. in 1994.
THURSDAY, NOVEMBER 29, 2007
PAGE 19
Northern Westchester RoundUp
– Compiled by Catherine Wilson
Chappaqua:
Greeley High School students walked out of school in protest
against a proposed class schedule change for the 2008-2009 school
year.
Cortlandt Manor:
The Section 1 Boys Soccer Coaches Association hosted the annual recognition dinner for county coaches and players. Awards
were given for All-Section and Honorable Mention players, League
MVP’s, and League Coaches of the Year.
Katonah:
Republican Andrew Saul, vice Chairman of the M.T.A., drops
out of Congressional race against Democrat John Hall
Mount Kisco:
The town of Mt. Kisco is seeking to purchase property owned
by the Rene Dubos Center that abuts Byram Lake. The New York
State Supreme Court just ruled that the Center may not sell this
land for development. Mt. Kisco is hoping to preserve the property as open space.
Ossining:
Anne Trovato, convicted of killing her mother, Ossining
schoolteacher Patricia Mery, has acknowledged that the father
of her four-year old daughter is a local fight promoter, Ronnie
Kerner.
Valhalla:
Local community groups and doctors are protesting the use of
live dogs for lab courses at the New York Medical College.
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