January 10, 2008

THE WESTCHESTER GUARDIAN
THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 10, 2008
THURSDAY, SEPTEMBER 7, 2006
PAGE PAGE 5
The Advocate
Richard Blassberg
Richard
DiGuglielmo:
Rory
J. Bellantoni,
Judicial Rising Star
Setting The Facts Straight
Judge Bellantoni Embodies All of the Qualities
We Should Seek in a State Supreme Court Justice
Given
all of theJanuary
negative
York’s in
judiciary
has 1995.said
Hiswhat
experiences
in the
United
States
Last
Wednesday,
2nd,exposure
in a frontNew
page article
The Journal
they wanted
to hear
from
him.Attorney’s Office for the
had recently,
political
nominations,
and payoffs
District
of his
New
York, and
as Senior
Assistantaccount,
District Dillon
AttorNews,
entitled, with
‘08 Brings
Hope clubhouse
For DiGuglielmo,
some statements
were Southern
• Having
altered
original,
honest,
and accurate
to party
’ not
to mention
judges
accepting
Rockland
County, asthat
well
Law
Clerk,with
andthe
Court
Attorney
to
made
that‘wheeler-dealers,
this reporter, who
attended
every one
of eight
days ofbribes,
hear- ney in
told
Judge Bellantoni
heasfelt
“stuck”
account
that he
one wonders
at times
about
theRory
individual
in black
robes he
may the Hon.
Walker,
helped
groom him
for his
career.
ings
before County
Court
Judge
J. Bellantoni,
believes
deserve
gave Sam
in the
wee hours
of October
8th and
thusdesired
repeated
it, at trial,
need clarification
to appear before.
And, while it’s fair to say that the majority
some
and correction.
fearing what
might be doneCounty
to him ifCourt
he gaveJudge,
his original,
accurate
Presently
a Westchester
dealing
with
of judges in the state court system are decent, well-meant, indiFor one thing, while it is true that the 440.10 Petition filed by former criminal
account
that
the
shooting
was
clearly
“self-defense.
”
matters, he is the Presiding Judge of the newly instituted
viduals, who toil at administering justice, some are more inspired
New York City Transit Police Officer Richard DiGuglielmo was based
Sex Offender
Court,
andwho
an Acting
Justice
• In addition to Mr. Dillon,
a Mr. James
White,
also witnessed
than others. Unfortunately, for many, apupon the sworn statements of Michael Dillon,
of the
Supreme
tohad
various
the
incident
fromCourt,
start toassigned
finish and
told
pointments, and nominations to run for
who had recanted his final statement to the
civil
cases.
Additionally,
he
has
served
in
Dobbs Ferry Police that it was “self-defense”
judgeships have come by way of political
Dobbs Ferry Police as well as his statement at
the likewise
Westchester
County
Family
was
harassed
and treated
likeCourt,
a suscronyism, and payoff. Lord knows, Westtrial, the following must be kept in mind:
conducting
hearings
into
matters
of
suppect, but refused to alter his account, even
afchester has seen its share of those.
port,
custody,
and
paternity.
In
short,
he
ter numerous interrogation sessions similar
• Richard DiGuglielmo’s petition was
That
why
it isthan
particularly
refreshhas
hadMr.
a well-rounded
experifiled iswell
more
a year prior
to the
to
what
Dillon reportedjudicial
at the hearing.
ing, evidentiary
and encouraging
when one by
comes
ence
in preparation
for asState
Supreme
hearing conducted
Judge
Mr.
White
was never called
a witness.
across
a judge the likes of Rory BellanCourt Justice, the position he now seeks.
Bellantoni.
• Dobbs Ferry Detective Lieutenant
toni. Having sat in his courtroom on nuGuarnieri,
for that
the Respondent
• At the hearing, Mr. Dillon’s testimony
Some
havetestifying
suggested
Rory Belmerous occasions, as a reporter, I have
was quite clear about the fact that, alDistrict
attempted
to
lantoni
has Attorney’s
taken on Office,
a tough
challenge
seen, first hand, the dedication, and
though his statement to Dobbs Ferry
deny asany
knowledge in
of the
the up-comrepeated
running
a Republican
striving, to bring about just and conPolice on the night of the tragic incident,
questioning
of Dillon
White
ing election.
However,
he and
has run
as bethe
structive outcomes, this young jurist
October 3, 1996, was identical to what
tween October
Octoberand
8, 1996,
“underdog”
in both3 aand
primary,
genbrings to every case. His belief in the
he told News 4 New York, that Charles
was not
credible.
eral and
election,
before,
and won both times.
American advocacy system of justice is
Campbell, who had already struck OfHisThe
popularity
seems
to quoted
cross over
traJournal News
article
Attorney
clear, to even the casual observer, as he
ficer DiGuglielmo’s middle-aged father
ditional
partywho
lines,
and he as
has
received
Debra
Cohen,
it identified
“representrepeatedly
goes out of his way to provide
“very hard” with a metal basebroad
support family”
and endorsement
from
ing
the Campbell
but failed to inform
eachtwice
side with
the full benefit of the Law
ball
bat, was
swinging the bat toward
many labor
unionsand
andher
police
agencies
readers
that Cohen
attorney-husin the
search
for truth.
the older man’s head at the moment he
throughout
the McLaughlin,
Ninth Judicial
District.
band,
Randolph
who
attended
Bellantoni,
37, times,
is truly
in
was shot three
hisprecocious
final statement
the criminal
trial asBellantoni
spectators,has
andbeen
weretakinFinally, Judge
termsgiven
of his
temperament.
Some
to judicial
Dobbs Ferry
Police about
1:00
volved
the 52 weeks
of paidtopickets
under
ing hisin campaign
directly
the People
might
sayOctober
he’s had8ath good
example in his
a.m.
was substantially
difAl
theDutchess,
DiGuglielmo’s
deli,
of Sharpton
Rockland,outside
Orange,
and PutJudge Rory J. Bellantoni
dad, ferent
State because,
SupremeforCourt
Oraat leastJustice
three nights
had
trial, county
to colnamproceeded,
Counties, following
as well as that
his home
zio R.
source,
that temperament is well lect $460,000 for William Campbell,
in Bellantoni.
between, heWhatever
was takenthe
from
his job
brother
Charles
Campbell,
and
of Westchester, that together, comprise
theofNinth
Judicial
District.
placed
withina man
who intends
lifetime
career,ofinthe
public
service,
at CTI
Mamaroneck
by allathree
detectives
Dobbs
Ferry themselves, in a Wrongful Death civil action.
Literally, going door-to-door, his wife Amy, expecting their secas a judge.
Department as well as Chief George Longworth, and transported,
on“grass
page 6
ond child, and his mother, frequently accompany Continued
him on his
like a suspect, to their headquarters, and grilled for hours until he
Judge Bellantoni might be considered a ‘Fordham Man,’ having roots” campaign. Most comfortable meeting, and speaking with,
graduated from Fordham University, Suuma Cum Laude, and Phi individuals and families, he is eager to discuss and understand
PAGE Court Report
THE WESTCHESTER GUARDIAN
THURSDAY, JANUARY 10, 2008
...continued from page 3
Under the circumstances, Debra Cohen’s statement, quoted in the put on a witness, at trial, who had flatly refused to meet with him prior
article, “There is no reason for the decision (the conviction) not to to testifying.
stand,” is obviously self-serving.
In reality, there were really only three eyewitnesses to the entire inTo state, as the article goes on to do, “The deli had a history of fret- cident, including the shooting, all of which is estimated to have taken
ting over their spaces,” immediately followed by, “Campbell was con- no more than 90 seconds. Those three witnesses are Michael Dillon
fronted by three men, including DiGuglielmo and his father,” is mis- and Jimmy White, both of whom testified at the recent hearing, called
leading. Given that, firstly, the elder DiGuglielmo had asked Campbell by Judge Bellantoni, as well as Kevin O’Donnell, who was seated in the
to park a few feet away in the same lot, but not in front of the store CTI van next to Dillon, directly viewing the incident. Mr. O’Donnell,
window. And, only upon Campbell’s refusal did he then place a “No while unwilling to come to New York from Florida, had nonetheless
Parking” sticker on Campbell’s window as the Dobbs Ferry Police had corroborated to Defense investigators, from his own experience, the acinstructed him to do, long before the incident.
counts of repeated interrogations by Dobbs Ferry Police testified to by
Secondly, and more significantly, to state, “Campbell was confront- Dillon and White.
ed by three men,” was a complete misrepresentation of the facts given
that it was undisputed, even at trial, that Charles Campbell, upon being
told by the “pizza shop owner”, a man involved in illegal drug distribution, that a sticker had been put on his car window, ran across the street,
fists flying, to pummel the elder DiGuglielmo, whose son Richard, and
son-in-law Robert Errico, happened to be inside the store and came out
to protect the father.
It is somewhat surprising that The Journal News saw fit to give vent
to the sentiments of Attorney Debra Cohen but failed to contact any
of Mr. DiGuglielmo’s attorneys for their statement. Nevertheless, the
article does acknowledge James White’s testimony at the hearing, stating, “During the hearing, Dillon’s accusation of police intimidation was
supported by another witness, James White, who said Dobbs Ferry Police tried pressuring him into changing his account.”
However, while accurately reporting that Mr. White refused to
change his account of what he had witnessed on the evening of October 3, 1996 in the parking lot of the Venice Deli, the statement that he
“was considered unreliable by both Prosecutors and Defense lawyers
and was never called to testify,” was completely incorrect. The fact was
Prosecutors knew that the Dobbs Ferry Police had failed, even after
repeated long interrogations, to get White to waver from his original
statement and were, of course, not about to call a witness who would
give a truthful account of a “shooting in self-defense.”
As for the Defense attorneys’ unwillingness to call Mr. White as a
witness at trial, that had to do with his stated unwillingness to meet
with them prior to trial, in deference to his 76-year-old father who was
in failing health, who was a former FBI agent, and who forbid him from
doing so. As explained by Defense counsel Steven Lewis, at the hearing, firstly, the Prosecution had withheld any information about White’s
and Dillon’s repeated interrogations by Dobbs Ferry Police from the
Defense in Discovery. And, secondly, no Defense attorney would ever
The Guardian has been advised that attorneys for Mr. DiGuglielmo
have submitted a Post Hearing Brief, of just under 50 pages, and the
Westchester District Attorney’s Office has submitted one of approximately 100 pages. A decision, with regard to the need for a new trial
based upon the evidence presented in the eight-day hearing, is expected in open court on January 30. n