Posted on 07/08/2013 5:53:49 PM PDT by Behind Liberal Lines
Since his wife died in 2003, James Hasselbacher has faced 10 years of very few highs and numerous lows.
Without any children or family to lean on for support, he went into a downward spiral. The drug Valium helped numb the pain — and, in some ways, became his best friend. His career as a respiratory therapist went down the tubes, as did relationships with friends. He hit rock bottom in January when, at age 62, he found himself living in his car and motels.
James had been to rehab and a drug treatment facility; unfortunately, insurance covered only the first two weeks.
Determined to get clean he went to Geneva General Hospital to detox. Standard procedure for treatment includes a psychiatric evaluation, during which the topic of suicide was raised. James admits he has had such thoughts in the past but says it is not an issue now.
The doctor asked if he owned any weapons; James said he did. The doctor asked if he was willing to voluntarily turn them in to the hospital, anonymously; James agreed, as long as he wouldn’t get into any trouble. He had legally registered the guns in Oregon when he lived there, but had not re-registered them after moving to New York less than two years ago.
James said a hospital social worker called the Geneva Police Department to ask if the guns could be turned in anonymously. James was told they could be. I have heard the taped recording between Geneva police and social worker and can confirm this arrangement was in place.
Police arrived at the hospital the same day and asked Robert Colton, head of hospital security, to have James sign a voluntary, consent-to-search form. Colton took the guns from a suitcase and brought them to the waiting police officers.
Seven days later James was set to be discharged. He asked Colton for the keys to his car, which were under the care of the hospital. Within 30 minutes Geneva police arrived and arrested him in his hospital room, charging him with second-degree criminal possession of a weapon, a felony.
James is being represented by Ontario County Public Defender Carrie Bleakley, who feels there is much to be questioned about how the case has been handled.
First, James insists that nowhere on the form did it say he was waiving his rights and could be prosecuted (the Finger Lakes Times has seen a copy of the consent form). Nor was he verbally warned.
Second, the form James signed listed Colton as a witness; the copy Bleakley later received also listed Geneva PD Sgt. Tyler Turner as a witness. James said Turner wasn’t there at the time the form was signed.
Bleakley wonders if Colton was acting, in essence, as an agent of the police, and if he may have also violated HIPAA laws. Given the timing of James’ discharge and the arrest in his hospital room, Bleakley speculates that Colton was the one who alerted the police.
Bleakley says that at Hasselbacher’s initial court appearance Ontario County Assistant District Attorney James Ritts claimed the guns were in full view at the hospital, and that Hasselbacher threatened employees at the facility. The hospital records Bleakley obtained do not indicate Hasselbacher made threats to anyone.
Bail was set at $15,000 cash or $30,000 bond. Hasselbacher was remanded to the Ontario County Jail, where he stayed for five months.
With no immediate family to help, James saw his financial situation implode while he was incarcerated. No one could pay his bills for him. His vehicle was repossessed.
Ritts told Bleakley that any plea agreement must go through county District Attorney R. Michael Tantillo; Tantillo has refused to deal in this case. He wants James to plead guilty — second-degree criminal possession of a weapon carries a minimum sentence of 3 1/2 years, along with five years of post-release supervision.
According to Bleakley, Hasselbacher’s record contains only a reckless driving conviction in 1977. Bleakley said Tantillo told her the incident at the hospital isn’t the one that concerned him. She said she subpoenaed Hasselbacher’s personnel records from when he worked at GGH, indicating there is no mention of him making any threats while he was employed there.
When Bleakley mentioned the latter fact to Tantillo, she says he declined to discuss the case any further. Several motions were made to have the case dismissed due to Ritts’ failure to instruct the grand jury as to the exemption under the Penal Law eliminating criminal liability when guns are voluntarily surrendered to a police agent in the defendant’s jurisdiction. County Judge Frederick Reed agreed, dismissing the indictment. Good news, right?
Not really. It was a dismissal without prejudice, a legal term meaning Reed could allow the case to be resubmitted to the grand jury with appropriate instructions. Ritts did so June 25; Bleakley says she expects Hasselbacher to be re-indicted tomorrow. Reed has since reduced bail to $1,500 after Bleakley argued that given time served and the indictment being overturned, a more reasonable bail seemed fair.
Bleakley says she can’t find case law supporting Hasselbacher: Why would anyone take issue with someone voluntarily turning in a gun?
Bleakley said in past gun-related situations the DA’s office has plea-bargained, including the case of a South Carolina man who left his gun under a pillow at a Victor motel earlier this year. That man also didn’t have a permit for the gun, but was charged with only a misdemeanor. His bail was $500 cash or $1,000 bond. Bleakley said Hasselbacher would agree to a plea bargain of a misdemeanor with time served.
Readers may not know that district attorneys and assistant DAs take an oath of office different from any other job of lawyer, one that states finding proper justice trumps overzealously advocating for a particular client. The oath requires the prosecutor to look out for the interests of all the people, meaning the victims and the accused.
Bleakley finds it puzzling that Tantillo will not release the arrest report for this case. She thinks the facts are clear, and that the arrest report may contain information either dubious or fabricated. The first chance Bleakley will have to see the report is at trial — during testimony of narrative, with no time to prepare adequate cross-examine if needed.
A recent example of a DA honoring his oath is Wayne County DA Rick Healy, who asked for a case be dismissed involving Clyde resident Jesse Daniels. Daniels caught four youngsters vandalizing a home and locked them in a closet until the police came — yet was charged with four counts of endangering the welfare of a child. In the interests of justice, Healy’s office asked that the case be dismissed, and it was.
Bleakley said she wonders about the message Tantillo sends if people voluntarily surrender illegal guns only to be prosecuted to the fullest extent of the law.
Hasselbacher would not have these problems if he had just lied and said he didn’t have any guns. However, would that have been the right thing to do?
Notes: • The Geneva Police Department referred all questions on this matter to Ritts. • In an email, Ritts’ replied to questions with this: “Under the NY Rules of professional conduct, with certain exceptions, I am not permitted to comment on pending litigation. That is especially true of matters involving evidentiary inquiry. This matter will be litigated in County Court where I am confident your questions will be answered.” • Tantillo did not respond to my questions. • Geneva General Hospital declined comment on Hasselbacher’s stay at the hospital.
By SPENCER TULIS nyp2904@yahoo.com | Posted: Tuesday, July 2, 2013 10:39 am
Wait a minute... I thought we had a right to keep and bear arms in this country?
This is the same state that didn’t prosecute their governor for procuring prostitutes with bundled payments to avoid financial reporting requirements. Some of those crimes were federal, but he definitely broke some state laws and he didn’t volunteer the information. How many arrests do you see at gun buy backs?
I think it’s best to stick to something along these lines.
Notice how careful they are to keep law enforcement separate from illegal immigrants, so the illegal will feel safe to report crime.
Contrast that with the situation we just saw here.
Contrast the way government officials go out of their way not to insult Islamist perps, and use language that might hurt our illegal immigrant’s feelings.
Seriously, we have a nation of leaders who hate us, and love anyone but us. You can be a terrorist and be treated with more respect than us.
If you’re a tea party member, or a conservative, or a Christian, you’re a potential terrorist.
Are all Islamacists terrorists? No. Notice how careful they are, painting with a fine tipped brush on that issue. “Don’t jump to conclusions natives.”
Then you get to us and they paint with a broom.
Disgusting!
Actually, the word "lie" only applies if the questioner has an actual right to the information requested.
Just because he died doesn't mean they inherit. Their law may say the guns may not be transferred to another New Yorker, but they have no authority to prevent you from moving them out of state. That would be none of their business, legally or in reason, and for them to imply otherwise is beyond criminal.
It doesn’t, surely the poster is wrong.
Don't talk to the police under any circumstancesIncorrect. Explain that YOU are a cooperative witness only after consultation with a lawyer and the need for quick communication with a lawyer such as a telephone call.
Actually, the new SAFE act requires the filing of "a particularized firearms inventory" with both the Surrogate's Court and the NYS Division of Criminal Justice Services upon probate of an estate. Furthermore, anyone caught in NYS with the guns without a permit, even an out of state resident moving the guns to a legal state, can be charged with criminal possession.
I suppose one could try to say there are no firearms of the decedent. However, I suspect (at least in the case of handguns), the court will cross check the pistol permits for the county at the time of probate.
It would be grounds for a mistrial or reversal.
Throughout history, slaves have been allowed to use and possess weapons only with the master’s permission. On November 4, 2008 A majority of voters said, via their votes, they no longer wished to be a free people, they wished to be slaves to the Government. On November 4 2012 they affirmed the choice they made back on November 4, 2008. to make a long story short, they sold their freedom , birthright, and soul for a bowl of Government soup. The Government is now beginning to collect.
I used to say, “If you want to stay healthy, stay away from the doctor”.
Now I say, “If you want to stay FREE, stay away from the doctor”.
This man needed a friend... someone to trust... and in the end faced nothing but betrayal. Watch one of these heartwrenching ASPCA commercials on TV with the scared to death dogs and cats, trembling in fear... multiply that by about 4 thousand million... my heart goes out to this lonely man.
The deceased could easily have transferred the firearms out of state after the last renewal of the permit but prior to his death unless he renewed the day before he died.
“Oh, darn, you were so open with your fascism that even Grandpa noticed and moved his freedom-tools out of your little fascist hellhole while he could still legally do so. Better luck next time stealing someone else’s rights property! Maybe it would help if you tried being more subtle.”
Er, “rights AND property”.
He should have had a dog. Good therapy, takes away a sense of 'aloneness', loyal friend, and they don't rat you out.
Even if they wanted to, they can’t dial 911 or speak human to someone on the other end.
Upstate bump
Ping for NY ping list
Unbelievable.
Effin’ New York. It figures.
Don’t live in a state where you have register your weapons.
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