On another episode of.....
On April 14, 2016, after less than one hour of jury deliberations, Anthony Pivoda was found not guilty of sexually abusing a 3 year-old. The events occurred in 2012.
Pivoda's assigned counsel was Holly Trexler.
If we have the basics straight, and we'll try to be gentle, DNA was found in the victims mouth and other areas. DNA was also found on a towel. The defense appears to have been that the owner of the DNA gratified himself and used the towel to clean-up. Then, of course, the victim grabbed the towel and DNA found its way onto the child. Makes sense, right? The jury bought it.
Now, we do not want to vilify the jury. They sometimes follow the law and even if they think someone is guilty, if the case isn't proven beyond.....(you've all seen Law & Order) they acquit.
When the victim, however, is three years old, we would expect the case to be in the hands of an experienced prosecutor. We don't mean oversight by an experienced prosecutor, we mean that the lead prosecutor have some experiences not only in the criminal trenches but in the sex abuse trenches.
The lead prosecutor in this matter had...well, how about a test? How many years of experience did the lead prosecutor have in State v Pivoda?
a) 5 years;
b) 3 years;
c) Less than 2 years;
d) One year;
e) Less than four months.
That's not to say that the outcome would have been different if an experienced prosecutor was at the helm. Who knows, maybe Pivoda was not guilty. Twelve people thought so. Some cases are hard and guilt is tough to prove. However, shouldn't the District Attorney explain why an ADA admitted in 2016 was the lead prosecutor in a child rape case?
There may be a perfectly rationale explanation.
PS We have refrained from identifying the ADA. If a mistake was made, the head of the office should take responsibility. Please respect our decision if you comment.
In other news Troy, New York received the finding of the City Council's Independent Audit. To the surprise of all, it looks like the City of Troy spends more than it receives in revenue. The answer...wait for it....wait for it...cut spending and/or raise taxes. Money well spent. Wish we had thought of that.