From The North Country Gazette, 12/18/05:
http://www.northcountrygazette.org/articles/121805ReverseJailSentence.html
GOP Judge Reverses Jail Sentence For Sweeney's Son
BALLSTON SPA---
No jail time for the son of Republican Congressman John Sweeney
despite him pleading guilty to felony second degree assault as the
result of a fight which seriously injured the victim.
In a rare action, Fulton County Judge Richard Giardino reversed his
earlier decision to sentence John J. Sweeney, 19, of Schaghticoke and
John J. Manupella of Troy, also 19, to jail for a brutal assault of
another teen last year that left the victim with long-term vision
damage and recurring nightmares.
He will also have to undergo reconstructive dental work after losing
one tooth and having three other teeth chipped in the assault.
The pair had pleaded guilty to second degree assault last month in a
plea bargain negotiated with the Montgomery County district attorney's
office in exchange for a sentence of four months of weekends in jail
or 45 consecutive days in jail plus probation and community service.
Second degree assault is a class D felony and they could have received
up to seven years in state prison.
But when the pair appeared in court Friday before Giardino, he
reversed his earlier decision, and negated the plea agreement.
He suspended the jail time, granted them youthful offender status and
sealed the court records.
Giardino said that he weighed a number of factors.
The sentence did not please the victim, Matthew Brady, 20, of
Stillwater who said that he believed the pair got such favorable
treatment because Sweeney's father is a Congressman.
"It's all about money", Brady said.
"If you have money, you have power".
Brady said the sentence was totally unjust, that "they just walked
away with a slap on the wrist".
They were sentenced to 240 hours of community service, five years of
probation and must pay Brady's medical costs which total $18,000 to
date.
They are also barred from having any contact with Brady whom they
assaulted in Stillwater on Aug. 19, 2004, in a fight involving 15 to
20 men.
The fight between Sweeney and Brady was allegedly about a girl.
The fight was a pre-arranged rematch from one the night previous that
neighbors broke up.
Sweeney, Manupella and a third defendant, Emmon Greeran, 20, were
originally charged with gang assault.
Charges against Greeran were dismissed and the charges reduced against
Sweeney and Manupella in exchange for their guilty pleas to assault.
Giardino also ordered the pair to hold a fund-raiser to raise funds to
be donated to the charity of Brady's choice.
They must each undergo random drug and alcohol testing and pay $50 to
register in a DNA database.
If they violate the terms of the probation, the suspension of the jail
sentence would be voided and they could face an additional 1 1/3 to 3
years in state prison.
Sweeney was represented by Troy attorney E. Stewart Jones.
Manupuella's attorney was Stephen Coffey of Albany.
Brady is represented in civil litigation against the pair by attorney
Terence Kindlon of Albany.
Giardino was hand-picked for the case after Saratoga County Court
Judge Jerry Scarano, also a Republican, recused himself.
Scarano's wife, Jennifer, is chairman of the Saratoga Springs
Republican Committee, vice chairman for special events of the county
Republican committee and is employed by Republican Assemblyman Willis
H. Stephes (R-Brewster), the minority leader pro tempore.
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Typical.
Harry
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