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DA, Sheriff Seeking Additional Staff as Case Loads Continue to Grow
By: Nick Altmire (nick@linkinglewiscounty.com)            
07/13/17 04:30pm
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    Lowville, NY- At a meeting of the Lewis County Board of Legislators Courts &
    Law committee this morning, lawmakers heard requests from both District
    Attorney Leanne Moser and Sheriff Michael Carpinelli seeking additional
    resources to deal with an influx of criminal cases.

    The District Attorney's Office is still seeking the board's approval to hire a
    second Asistant District Attorney. DA Moser first approached the committee
    back in April, when she explained that the average rule of thumb is to have one
    ADA per 10,000 residents. Lewis County has one ADA, Mark Lemieux, for a
    population of just under 27,000 people. The only other county in New York
    State with just one ADA is Hamilton, which has a population of less than 5,000
    people, DA Moser told the board at the April meeting. Schuyler County, with a
    population around 18,500 has 4 1/2 ADAs and Seneca County has 4 ADAs for
    a population of around 33,000 people, the district attorney said at the time.

    The county has 19 courts in its system, including 17 justice courts across the
    towns and villages. The ADA currently travels to each justice court at least
    once per month for DA night, where residents are able to make plea deals to
    take care of traffic tickets and other matters.

    The District Attorney told the committee this morning that her office has seen a
    steady increase in the number of cases over the past few years. Regarding the
    total number of felony cases handled through the DA's Office, 123 were
    opened for all of 2016, while year-to-date for 2017 (January 01 - July 12) has
    seen more than 86 cases opened. When looking at just felony drug cases
    opened, there were 21 in 2015, 47 in 2016 and already 41 so far in 2017. The
    office has opened 14 felony Unlawful Manufacture of Methamphetamine cases
    so far this year, already exceeding the 11 opened in 2015 and close to the 15
    opened all of last year. The office has been averaging about 20 new
    misdemeanor cases each week.

    DA Moser told the committee that there have been 8 confirmed deaths from
    opioid overdoses her office has handled so far this year, with 2 more suspected
    opioid overdose deaths pending lab results. That is more than a 100%
    increase from the 4 her office handled all of last year.

    The DA, who also functions as the Lewis County Coroner, noted that coroner
    duties have also been consuming more of her time. The coroner is required to
    respond to any unattended deaths occurring in the county. In April the DA
    reported that so far this year the office has handled 34 unattended deaths. This
    compares to 57 handled in 2016, 50 in 2015 and 41 in 2014.

    For perspective, the District Attorney's Office 2017 budget of $476,712.00 is
    offset by $71,189.00 in DA Salary Assistance from the State and another
    $29,200 from the State's Aid to Prosecution Fund. This makes the county's
    budgeted amount for the DA's Office $375,323.00. The amount budgeted under
    the Public Defender line of the 2017 County budget is $391,171.00. While
    many of the felony and misdemeanor cases in the county are handled through
    public defense, most traffic infractions and other cases the DA's office is
    required to handle are not represented by the public defender.

    The current ADA has a salary of $61,710.00 included in the 2017 DA's budget,
    giving an idea of what an additional ADA salary may be.

    Committee Chairman Jerry King told the District Attorney to provide some
    additional data, and tabled the discussion to the next meeting of the committee
    in August.

    The full Lewis County Board of Legislators were invited to sit-in on the
    committee meeting, to hear a proposal from Lewis County Sheriff Michael
    Carpinelli and Sheriff's Office Investigator Edward Amelio requesting a second
    investigator for the office. Legislators Phil Hathway, Larry Dolhof, Rocky
    Fawcett, Andrea Moroughan and Chairman Mike Tabolt joined committee
    members Jerry King and Greg Kulzer for the meeting.

    The Sheriff told the committee that previous to his administration, the Sheriff's
    Office always had two investigators on staff. In 2012, after one of the
    investigators retired, the position was never refilled or included into future
    county budgets.

    "I'm only asking for what the other Sheriffs have had to work with." Sheriff
    Carpinelli said.

    Investigator Amelio, who took over the position held by now-retired longtime
    Investigator Dale Roberts on March 1st, agreed that a second investigator
    would "help immensely." He added a second investigator is needed just to keep
    up on the current case load, and if the county wanted to proactively tackle the
    drug problem a third investigator would likely be needed.

    Investigator Amelio said he has been assigned 45 new cases since taking over
    on March 1st, with cases inherited from the previous investigator not even
    included. Many he has not even had time to address he said. Some cases
    have required 40+ hours of investigatory work just on one case. Investigator
    Amelio provided the board members with a breakdown of the cases by
    category, ranging from sex offenses to drug cases to fraud.

    Investigator Amelio said  an investigator is required to perform a number of
    tasks, including attending autopsies, logging and packing evidence, retrieving
    evidence from crime labs and hospitals, doing background checks, following up
    on drug tips, reviewing audio and video recordings and other data evidence,
    along with a variety of other duties. The investigator is also responsible for
    managing and maintaining the evidence room.

    "There are two types of policing, proactive and reactive," Sheriff Carpinelli told
    the board. "We are not doing proactive, meaning we are not able to try and
    prevent crime, we're responding after a crime has already occurred. That's a
    sad way to do police work, we need to be able to be proactive not just
    reactive," he said.

    "You've been telling us for awhile you need more help," Legislator Phil Hathway
    told the Sheriff. "Then we did the Bonadio Group study, which agrees with
    what you have been saying for the most part. I think it's time we start believing
    you," Legislator Hathway said.

    Committee Chairman Jerry King told the Sheriff that this was an informational
    session, and no decision would be made today, but that legislators now had
    the knowledge gained from the meeting to get together at a later time to
    discuss further and make a decision.