FingerLakes1.com Forums
Topic Options
#1484135 --- 04/26/16 05:39 PM Cop's arrest tossed for DA 'neglect'
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4705
Loc: Fourth Estate
Tompkins judge: Prosecutor 'neglect' leads to dismissed charge against Tompkins deputy Jeremy Vann

ITHACA, N.Y. -- A misdemeanor charge against a Tompkins County sheriff's deputy was dismissed after Assistant District Attorney Wendy Franklin neglected to inform a witness of the trial date, records show.

A misdemeanor charge of second-degree criminal contempt against Jeremy Vann -- who is still facing a 16-count indictment at the Tompkins County Court -- was dismissed in Ithaca City Court on March 14 after Franklin did not inform a witness of the trial date or offer a reason for not informing the witness.

Vann was accused on Oct. 9 of violating an order of protection issued for a witness in the county court case, which alleges that he robbed and assaulted a woman, among other accusations.

On Feb. 4, the court informed the lawyers that the trial was schedule for March 14. Neither lawyer objected.

On March 8, 33 days later, Franklin filed two motions with the court:

The first asked for the trial to be adjourned to a later date because Ms. M would not be in the country on March 14. Franklin did not say why she waited to inform the court of this fact, nor was she able to say how long she knew about it.

The second motion asked the court to recuse itself from the case because of, "statements made during the Defendant's October 28, 2015 arraignment."

Both motions were denied by Miller.

During the trial several days later, Franklin did not call three other witnesses to appear in court either because she said she did not believe the case could go forward without Ms. M.

Witness never informed of trial date

The written decision states, "The Court (Miller) asked the People (Franklin) whether they had ever informed Ms. M of the March 14 bench trial which had been scheduled nearly six weeks earlier. The People responded that they did not in fact inform Ms. M of the March 14 trial date."

Franklin said she did speak with Ms. M after Feb. 4 via phone call, but does not think she informed the witness of the trial date at that time.

Miller, citing several court cases in his written decision, said Franklin was "guilty of neglect" for the following reasons:

  • She did not inform Ms. M of the March 14 trial date.
    She did not provide an explanation to the court for why she didn't tell Ms. M about the trial date.
    In a letter dated Feb. 12, Franklin provided a letter to use with U.S. Immigration officials to be allowed in the United States to act as a witness during the felony trial. The letter, however, did not mention the March 14 bench trial.

Franklin did not offer an explanation to the court about why she stopped communicating with Ms. M after Feb. 12.

Miller dismissed the case "in the furtherance of justice,"

APRIL 23, 2016BY JOLENE ALMENDAREZ

Top
FingerLakes1.com
#1489408 --- 09/08/16 09:14 PM Re: Cop's arrest tossed for DA 'neglect' [Re: newsman38]
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4705
Loc: Fourth Estate
Tompkins deputy rejects 2 plea deals days before trial on 16 charges

ITHACA, N.Y. -- A Tompkins County Sheriff's Deputy rejected two plea deals in court, days before a trial is set to start on a 16-count indictment against him.

Jeremy Vann, who has been on paid leave since the spring of 2015, appeared in front of Judge Joseph Cassidy Wednesday.

Vann is accused of attacking a woman, preventing her from calling 911, tampering with evidence, and damaging property during a domestic dispute. He is also facing charges for a series of incidents that allegedly happened over several months.

In court, Assistant District Attorney Dan Johnson formally laid out two plea deals for the defendant, which had previously been discussed by attorneys.

The first would have required Vann to plead guilty to misdemeanor attempted tampering of physical evidence, pay restitution and have at least one order of protection served against him. It would not have required him to resign as a Tompkins County Sheriff's Deputy.

The second plea would have required him to plead guilty to misdemeanor fourth-degree criminal mischief on a reckless theory. It requires the same stipulations as the first deal, but would have required him to resign as a deputy.

The suggested sentence on both charges would have been conditional discharge, meaning Vann would not have served jail time so long as he didn't commit additional crimes within an allotted time frame.

Attorney Ray Schlather said he client was mindful of the fact that the ADA was offering "a very modest proposal" on its face. But Vann rejected the pleas.

"He's prepared to defend himself against these charges," Schlather said.

Both pleas are a massive reduction from what Vann is charged with.

He is charged with felonies two counts of third-degree robbery, third-degree criminal mischief, tampering with physical evidence and fourth-degree grand larceny. Misdemeanor charges against him include, third-degree assault, criminal obstruction of breathing or blood circulation, second-degree unlawful imprisonment, two counts of fourth-degree criminal mischief, fourth-degree tampering with a witness, third-degree criminal tampering, two counts of second-degree attempted coercion, prohibited use of weapons and prohibitions on the use and possession of firearms.

Earlier this year, an additional misdemeanor charge of second-degree criminal contempt, alleging that Vann violated an order of protection, was dropped against him.

Ithaca City Court Judge Scott Miller dismissed the case "in the furtherance of justice," considering that the ADA on the case at the time, Wendy Franklin, was negligent in the case for several reasons. He also dismissed the case considering the seriousness of the crime, evidence of guilt and extent of harm caused by the offense.

Jury selection for the trial on the 16-count indictment against Vann is scheduled to begin at 9 a.m. Monday in the Tompkins County Courthouse.


SEPTEMBER 8, 2016
BY JOLENE ALMENDAREZ

Top
#1489445 --- 09/09/16 04:15 PM Re: Cop's arrest tossed for DA 'neglect' [Re: newsman38]
Teonan Offline
Senior Member

Registered: 05/30/12
Posts: 4307
Loc: West End
"Cop's arrest tossed for DA 'neglect" -- FALSE

ONE misdemeanor charge against Tompkins County sheriff's deputy Jeremy Vann was dismissed.

Vann still faces a 16-count indictment in Tompkins County Court.
_________________________
"Everything that has ever happened to us is there to make us stronger."
-John Trudell


Top
#1489457 --- 09/10/16 05:08 AM Re: Cop's arrest tossed for DA 'neglect' [Re: Teonan]
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4705
Loc: Fourth Estate
Originally Posted By: Teonan
"Cop's arrest tossed for DA 'neglect" -- FALSE

ONE misdemeanor charge against Tompkins County sheriff's deputy Jeremy Vann was dismissed.

Vann still faces a 16-count indictment in Tompkins County Court.


Quote:
A misdemeanor charge against a Tompkins County sheriff's deputy was dismissed after Assistant District Attorney Wendy Franklin neglected to inform a witness of the trial date, records show.

A misdemeanor charge of second-degree criminal contempt against Jeremy Vann -- who is still facing a 16-count indictment at the Tompkins County Court -- was dismissed in Ithaca City Court on March 14 after Franklin did not inform a witness of the trial date or offer a reason for not informing the witness.


whistle

Top
#1489460 --- 09/10/16 06:08 AM Re: Cop's arrest tossed for DA 'neglect' [Re: newsman38]
Teonan Offline
Senior Member

Registered: 05/30/12
Posts: 4307
Loc: West End
Originally Posted By: newsman38

whistle

Which only means you stand by your obviously misleading subject heading.

Fact: Vann's arrest was NOT "tossed".

_________________________
"Everything that has ever happened to us is there to make us stronger."
-John Trudell


Top
#1489464 --- 09/10/16 07:50 AM Re: Cop's arrest tossed for DA 'neglect' [Re: Teonan]
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4705
Loc: Fourth Estate
Originally Posted By: Teonan
Vann's arrest was NOT "tossed".


Quote:
Vann was accused on Oct. 9 of violating an order of protection issued for a witness...Miller dismissed the case "in the furtherance of justice,"


grin

Top
#1489469 --- 09/10/16 10:08 AM Re: Cop's arrest tossed for DA 'neglect' [Re: newsman38]
Teonan Offline
Senior Member

Registered: 05/30/12
Posts: 4307
Loc: West End

I stand corrected. Thank you.


Relative to that dismissal remain the 16 counts Vann faces previously posted:

"Vann is accused of attacking a woman, preventing her from calling 911, tampering with evidence, and damaging property during a domestic dispute. He is also facing charges for a series of incidents that allegedly happened over several months."

http://ithacavoice.com/2016/09/tompkins-deputy-rejects-2-plea-deals-days-trial-16-charges/
_________________________
"Everything that has ever happened to us is there to make us stronger."
-John Trudell


Top
#1497534 --- 04/07/17 11:37 AM Deputy convicted on three charges, 14 dropped [Re: Teonan]
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4705
Loc: Fourth Estate
Tompkins Deputy Jeremy Vann verdict: Guilty on 3 of 14 charges

ITHACA, N.Y. -- After about three days of deliberation and readbacks of testimony, jurors reached a verdict finding Tompkins County Deputy Jeremy Vann guilty of three of 14 charges against him.

It's been nearly four weeks since the trial against Vann began, during which a woman accused him of attacking her, stealing her belonging and tampering with evidence, among other things.

The order of protection against the woman remains in place.

Vann will be sentenced on May 23.

Felonies

  • third-degree robbery NOT GUILTY
    third-degree criminal mischief NOT GUILTY
    fourth-degree grand larceny NOT GUILTY

Misdemeanor

  • third-degree assault NOT GUILTY
    criminal obstruction of breathing or blood circulation NOT GUILTY
    second-degree unlawful imprisonment NOT GUILTY
    fourth-degree criminal mischief NOT GUILTY
    fourth-degree criminal mischief NOT GUILTY
    fourth-degree tampering with a witness GUILTY
    third-degree criminal tampering MISTRIAL
    second-degree attempted coercion GUILTY
    second-degree attempted coercion GUILTY
    prohibited use of weapons NOT GUILTY
    prohibitions on the use and possession of firearms NOT GUILTY


APRIL 7, 2017
BY JOLENE ALMENDAREZ

Top