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Apr 21, 2010 12:36 PMPublication: The Southampton Press

Oddone attorney files appeal

Apr 21, 2010 12:36 PM

The attorney representing Anthony Oddone filed a notice of appeal with Suffolk County Criminal Court last Thursday, April 15, a day after Mr. Oddone was sentenced to 22 years in prison for the 2008 killing of Andrew Reister of Hampton Bays.

Defense attorney Sarita Kedia had told Judge C. Randall Hinrichs that an appeal would be filed immediately, after the judge threw the book at her client.

Mr. Oddone, 27, of Farmingville, was convicted in December of first-degree manslaughter following a two-month trial and nine days of jury deliberations. Mr. Oddone was convicted of killing Mr. Reister, an off-duty prison guard who was working part-time as a bouncer at a Southampton Village bar in August 2008.

Mr. Oddone was transferred to the Downstate Correctional Facility, a maximum security detention center in Fishkill, New York. He will likely be transferred to another facility to begin serving his sentence while his appeal wends its way through the legal process.

Mr. Oddone has already spent 20 months at the Rikers Island jail in New York City, where he was sent after his 2008 arrest because Mr. Reister had been a corrections officer at the Suffolk County Jail in Riverhead.

The time served already will count toward his 22-year sentence. According to state statutes, Mr. Oddone must serve six-sevenths of his total sentence before being eligible for early release for good behavior. The earliest he could be released under the current sentence is just over 17 years from now, in June 2027. His maximum stay in prison would last until August 2030, when he will be 47 years old.

MICHAEL WRIGHT

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Two lives directly, and countless others destroyed in the wake... Such a tragedy. And for what?
By Soundview (89), Hampton bays on Apr 21, 10 1:22 PM
The judge did not "Throw the book at him".... that would have been 25 years, not 22. The judge did the right thing, considering Oddones past history, which is lengthy, and the nature of this senseless crime. Nothing but praises for the Judge.
By honeylamb (71), East Quogue on Apr 21, 10 2:25 PM
1 member liked this comment
You have to forgive reporter Wright, Honeylamb -- sometimes when it's just not working right for a reporter, ya gotta go with a cliche, even thought it doesn't fit the situation.

You're correct -- the judge did a good job in an emotion-charged milieu.
By Frank Wheeler (1818), Northampton on Apr 21, 10 6:26 PM
Michael Wright has done an outstanding job of reporting on this matter IMO. Outstanding, indeed.

Also Mr. Wheeler's posts have contributing much to the discussion.

Forgiveness is a two-way street, Frankly speaking!

(" . . . not working right . . . cliche . . . doesn't fit . . . " -- ???)

Re: the appeal, juror misconduct may be a reversible error IMO. See earlier article comments.
By PBR (4945), Southampton on Apr 21, 10 6:35 PM
Thank you , but I do not have to forgive anyone for anything. MIchael Wright did an outstanding job covering this trial. He even won an award for it. He can use whatever vocabulary he wants to. It's his article and he can write it any way he wants to.
By honeylamb (71), East Quogue on Apr 22, 10 6:47 AM
It takes a long time to get an appeal processed. Then it has to be approved. It could get thrown out. It is not an easy process.

Oddone is in prison upstate now.

By LocalGuy (28), Southampton on Apr 21, 10 3:25 PM
Oddone is where he belongs. Thank God !
By PrivateerMatt (390), Weesuck Creek , EQ on Apr 21, 10 9:37 PM
1 member liked this comment
i doubt the appeal will go anywhere...

maybe in 17 years when hes gets out mr oddone will still have his caddying job waiting there for him.

what a good way to flush your life down the toilet.
By slamminsammy (104), East Moriches on Apr 22, 10 12:36 AM
An appeal is going to be extremely costly and very time consuming. I believe, in order to go to the Court of Appeals a complete copy of the entire trial transcript will be needed. They go for at least $5 per page, on a two month trial, my guess is about 40-50K just for the documents needed..

By Suckamy (1), southampton on Apr 22, 10 11:07 AM
Regarding the costs of an appeal, if Mr. Oddone is without financial means, he may be be recognized as "indigent," and the transcript costs among others may be covered by NYS.

One of the costs of our precious Liberty and Freedom IMO.

By PBR (4945), Southampton on Apr 22, 10 7:49 PM
If Kedia filed for his appeal, isn't she the one defending him for the appeal? I think its a darn shame that NYS would get stuck supporting this creep. And I also think its a shame that the members of the club think murdering someone is worth investing in. MY OPINION, thank you!

I don't put to much stock in the replies here, I am just wondering. We all sit around and discuss this and hash it through, and our opinions and information don't mean a thing.
By LocalGuy (28), Southampton on Apr 23, 10 7:36 AM
1 member liked this comment
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By Dodger (161), Southampton Village on Apr 23, 10 10:39 AM
I know it's part of the process, but the thought of Oddone actually winning his appeal makes me want to vomit.
By IceMan (4), water mill on Apr 23, 10 11:53 AM
1 member liked this comment
Oddone will not win an appeal... The Judge did everything by the book and was more than completely fair to BOTH SIDES in this case, especially putting up with Kedia's games and BS. I don't give a crap about this thug, my concerns are for the victims children. The money for his appeal would be so much better spent on them than on Oddone.
By honeylamb (71), East Quogue on Apr 23, 10 1:35 PM
1 member liked this comment
What is the purpose of an appeal? He committed the crime, had a fair trial, and was sentenced. The purpose of a defence lawyer is to assure the defendant a fair trial - not to set guilty people free-because of a minor mistake, or point of law.
By Avatar (15), Westhampton Beach on Apr 24, 10 9:00 AM
An appeal is just part of the process... everyone files an appeal. It's just par for the course. SUCH a complete waste of time, money and man power if you ask me. I agree with you 100%. Judge was more than fair....he should get a medal for putting up with Kedia and her games.
By honeylamb (71), East Quogue on Apr 25, 10 3:23 PM
A medal? LOL That is his job, much the same as it is a fireman's job to save people from fires. We really have lowered our standards in this country, we give praised and reward for people doing what they are paid to do.... unbelievable.
By ICE (1214), Southhampton on Apr 26, 10 2:26 PM
Oh please..... do you really think I meant that seriously??? Sorry if you don't have a better sense of humor. All I meant was that the judge was more than fair and did a great job. Kedia tried every delay known to man... that's her job... just so annoying for the rest of us sitting in the audience... her voice really grates on you. Bottom line is: Oddone killed Reister with his bare hands.. and he got the sentence he deserved.
By honeylamb (71), East Quogue on Apr 27, 10 7:02 AM
1 member liked this comment
This trial occurred in The United States of America.

We have a Constitution which protects our rights to a fair trial.

A fair trial includes jury deliberations free of untoward influence by one or more jurors against another juror whose vote for or against conviction was apparently not clear until the final moment.

Juror misconduct will definitely be an issue on appeal. Although the trial judge chose not to dive into this issue during and after the trial, the appellate ...more
By PBR (4945), Southampton on Apr 26, 10 6:32 PM
2 members liked this comment
An appeal in this instance is a complete waste of taxpayer funds during a recessionary year. The department heads in charge of the defense attorney should rate their potential successful outcome against its cost. A cost cussess analsys. Sarita has nothing to lose with what seems like an unlimited amount of tax dollars behind her and everything to gain. She'll be known as the oddone defense lawyer and will leave public office and get a high paying job at a private litigation firm and we will stillbe ...more
By North Sea Citizen (561), North Sea on Apr 27, 10 7:14 AM
1 member liked this comment
What bothered me most about this case is Andrew wasn't innocent. had he lived he may have been convicted of a crime himself. Since he died he is portrayed as a saint when he may have been just as guilty as Anthony.
By upstatesteve (3), Albany on Apr 27, 10 2:25 PM
And what crime might that be? The only crime was that Andrew couldn't defend himself because he was being attacked from behind by a coward.

I hope your friend has met some nice friends upstate..the real likes of himself.



By AnonymousSgh (183), Sag Harbor on Apr 27, 10 9:39 PM
upstatesteve you are a dgod blees andrew and his familyisgrace the man is dead and you some how imply he may have been guilty your friend should have done the right thing but he couldnt because he was drunk and ran away like a coward,my only question is where was everyone esle while this was happening because it should have been stopped i dont think everyone was drunk that night, godblees andrew and his entire family,upstate steve stay up state we dont need your kind of thinking in our area,your ...more
By earl of olay (13), hampton bays on Apr 27, 10 8:39 PM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By earl of olay (13), hampton bays on Apr 27, 10 8:41 PM
Hey Upstate Steve... stay upstate, huh~~ We don't want you here or on these boards...These are Andrew Reister boards...get it? Thing is Andrew didn't live...cause your kind killed him. He wasn't guilty, he was doing his job, and your buddy is still alive with no harm done to his body... so how do you portray him~~is he "St. Anthony" in your book?? Not here he isn't...stay upstate with the likes of your buddy.
By LocalGuy (28), Southampton on Apr 27, 10 9:32 PM
i see that oddone is now in attica...enjoy your stay. lol.
By slamminsammy (104), East Moriches on May 18, 10 10:57 PM
everyone is talking about how an oddone appeal is a waste of taxpayers money....ITS HIS RIGHT AS A US CITIZEN. What I think is unbelievable is how Mrs. Reister got up there at sentencing and made it all about how she wasnt getting 3/4 pay from the corrections department. She also said he was killed in the line of duty bc thats the type of person andrew was "he ran in when everyone else ran out" Andrew was a C.O and worked in the law library bc he wasnt healthy enough to work anywhere else. He ...more
By SHPDwife (4), South Hampton on May 23, 10 11:47 PM
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