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Dec 10, 2009 10:00 PMPublication: The Southampton Press

Seventh day of deliberations ends with no verdict in Oddone case

Editor's Note: Scroll down and click the play button to watch an interview with Stacey Reister, the widow of Andrew Reister, recorded Friday at the courthouse in Riverhead.

***

Update from reporter Michael Wright at the courthouse on Friday morning:

At 10:45, the jury was being brought back into the courtroom for judge's instructions. The jury has not yet deliberated this morning--they were being held in the jury room at the judge's order after he received a phone call last night from someone indicating that one of the jurors, plus an alternate juror, wanted to address the judge about an unknown issue.

The judge said he had written an instruction that he will read to the jury this morning about a "limitation" he will instruct them on. No further detail was available this morning.

 
Ms. Kedia, the defense attorney, asked to renew her motion to discharge the juror who sent a note to the judge yesterday, but the judge denied the motion. She also asked once again for a mistrial, but that request also was denied. 
 
Ms. Kedia then asked the judge to instruct the jury members that if they've reached a partial verdict--such as eliminating one of the four charges from consideration--they can deliver that partial verdict and continue deliberating on a final verdict. The judge denied that motion, saying there was no indication in the past notes that the jurors have eliminated any of the charges, and in fact they have asked for all four charges to be reread several times. Ms. Kedia countered that the note sent to the judge from one of the jurors yesterday--the content of which has not been made public--included language that specifically referenced lesser charges. But the judge's denial of the motion stands.

***
Dec 10, 2009 10:00 PM

The seventh day of deliberations in the Anthony Oddone murder trial ended at around 6:45 p.m. on Thursday, but not before the court dealt with yet another issue with the jury—this time in the form of a note to the judge from a juror who was reportedly concerned about an argument one or more of the other jurors had been making.

After the note was discussed, defense attorney Sarita Kedia requested that the juror who sent it be dismissed. Judge C. Randall Hinrichs refused. Ms. Kedia then called for a mistrial. Judge Hinrichs refused. A short time later, after the jury was brought back to the courtroom and the judge reissued the official jury instructions for deliberations, Ms. Kedia again called for a mistrial, this time based on her objections to a specific passage about bias. Once again, Judge Hinrichs denied her request and sent the jury back to work.

About an hour later, he dismissed the panel for the night and instructed jurors to return at 9:15 a.m. Friday to resume deliberations.

Earlier in the day, the jury requested that the four charges it is considering, and the criteria for them—specifically regarding proof of intent and justification, which is the legal term relating to self-defense—be read back again.

It was the fifth time the jury asked the charges to be reread.

During its deliberations, the jury has also requested numerous items of evidence and transcripts of testimony from the trial. On Tuesday, the court read back testimony from three witnesses in the case before the jurors were allowed to break at 8 p.m.

The case first went to the jury late in the afternoon on Wednesday, December 2.

After returning to their deliberations Monday following a weekend break, the jury asked to have the four charges facing Mr. Oddone, a 27-year-old college student and golf caddy accused of killing 40-year-old Andrew Reister of Hampton Bays in a bar fight last year, read back to them for a fourth time. The jury asked that Judge Hinrichs focus in particular on the passages in the law concerning intent and how the intentions of a defendant can be interpreted. The request seemed to indicate that the jury was still considering at least the top two charges facing Mr. Oddone, murder in the second degree and manslaughter in the first degree, both of which require the jury to conclude that there was the intention on the part of the defendant to kill or seriously injure the victim.

Mr. Oddone, who had been working at a Bridgehampton golf course for three summers before his arrest following the fatal struggle at the Southampton Publick House, has been in the Riverhead courtroom each day. After the jury broke for the day on Monday, he looked at his mother in the audience and mouthed the words “Hi, Mom” as he was being handcuffed.

He’s been held at Rikers Island Jail in New York City for the last 15 months because Mr. Reister was a Suffolk County corrections officer.

Judge Hinrichs told jurors on Monday evening that he would ask them to work toward a verdict later than the usual 6 p.m. deadline on Tuesday night if they had still not reached a decision.

When the jury delivered a note to Judge Hinrichs Monday morning asking once again to hear the criminal charges against Mr. Oddone that relate to “intent,” Assistant District Attorney Denise Merrifield asked Judge Hinrichs to only read for the jurors the first two charges—second-degree murder and first-degree manslaughter—out of the four charges the jury has to choose from should jurors decide to find Mr. Oddone guilty.

Judge Hinrichs read back all four charges, despite Ms. Merrifield’s request. The remaining two charges—criminally negligent homicide and second-degree manslaughter—do not require the jury to conclude that there was an intent to kill or cause serious physical injury.

Mr. Reister and Mr. Oddone had an altercation at the Southampton Publick House in August 2008 after Mr. Reister, an off-duty corrections officer who was moonlighting as a bouncer, asked Mr. Oddone to stop dancing on a table. According to witnesses, Mr. Oddone refused, Mr. Reister pushed him off the table, and a scuffle ensued, with Mr. Oddone putting Mr. Reister in a choke hold from behind. Mr. Reister fell unconscious and was declared dead two days later, having never regained consciousness.

Mr. Oddone, who was 25 at the time of the struggle at the Publick House, turned 27 last week. Mr. Reister was 40 at the time of his death.

Based on reporting by staff writer Michael Wright.

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It's nice to see a jury taking this seriously as intent in this case seems to be a state of mind.
By Bwana (9), Sag Harbor on Dec 7, 09 1:44 PM
What other intent is there when somebody is choked for over two minutes? Every jury thinks they are on CSI or Law and Order but some things are cut and dry.
By HB 4 Life (72), Hampton Bays on Dec 7, 09 1:59 PM
3 members liked this comment
HB 4 Life,

You keep over simplifying the testimony. It would appear that clarifying things for you is futile, but here goes.

There was plenty of testimony that Mr. Reister made the first physical move on the defendant. From Mr. Oddone's perspective he was being attacked by a larger man, and he could have REASONABLY feared for his life at that point.

What happened next is open to a variety of interpretations, and the jury will probably reach a conclusion on this in the ...more
By PBR (4862), Southampton on Dec 7, 09 3:35 PM
AMEN!!!!!
By jules612 (7), lk grive on Dec 8, 09 9:31 AM
1 member liked this comment
So, according to you, if somebody shoves you it becomes a life or death situation?? Come on now who's over simplifying
By pjcd (24), Smithtown on Dec 8, 09 1:39 PM
2 members liked this comment
Yes, basically PBR is saying in an utmost passive-aggresive cowardly way, that Andrew Reister deserved to die that night. Scary, the thought process of those living amongst us in society. And yet we know if PBR's brother, father, son was choked to death, he'd have a completely different standpoint.

Just pointing out the facts in this now over-crowded thread. Wouldn't want to lose sight, would we PBR.
By maryb123 (84), east hampton on Dec 11, 09 12:57 PM
so true I have heard about mr reister that it could also make unappropriate and racist comments and also get ''territorial'' and just trespassed or ignored rules & protocol..... wish to see these people get the gut to witness it but now it's more about make it sensational for a marketing purpose and judge just to make a moral out of it ....so limited and narrow minded they just need to get this young man in jail for the rest of his life to show that the found the bad guy , found him guilty , ...more
By dlb (21), sag harbor on Dec 13, 09 7:28 PM
PBR-I'm getting sick reading your comments. It was Mr. Reister's job to make the first physical move, that what he was hired to do. Proper protocol was to ask Mr. Oddone to get down from the table which Mr. Reister did. If Mr Oddone had obeyed he would not have these problems today and Mr. Reister would be here with his family.
By EastEnd68 (888), Westhampton on Dec 7, 09 4:05 PM
1 member liked this comment
Negative -- it was NOT Mr. Reister's job to get physical. No way.

He made a bad choice, and YOU will not acknowledge that. Why?

Yes, Oddone may be guilty of something, but please acknowledge that Reister made a bad choice BEFORE there was any physical violence. You keep skipping over this moment to the tragic conclusion with which we all agree. One step at a time OK?

Just like the jury.
By PBR (4862), Southampton on Dec 7, 09 5:02 PM
2 members liked this comment
What?? Are you and PBR related????
By pjcd (24), Smithtown on Dec 8, 09 1:41 PM
Mr. Reister attacked Mr. Oddone from behind. Music blaring, alchol involved, Mr. Oddone probably did not hear Mr. Reister. Was Mr. Reister easily identifiable as a person in charge? Did he have on a Security shirt? If you are attacked anywhere you automatically respond - if you are attacked in a bar by someone who is bigger, stronger and a complete stranger without any identifiable uniform you respond with everything you have AS YOU ARE fighting for your life.

By shamrock (22), brooklyn on Dec 8, 09 8:15 PM
They both made poor choices that night and Andy ended up dead because of it. I just can not get passed the fact that Mr. Oddone didn't let go after it was clear that Andy was incapacitated. When people tried to stop him, hit him, pull him off, he still wouldn't let go. Again we are all Arm Chair Quarterbacks on this with our coulda shoulda woulda's...Did Andy have to push him off of the table? No...Did Mr. Oddone have to in turn choke a man who's back was turned to him? No. Did he have to continue ...more
By pstevens (406), Wilmington on Dec 9, 09 12:38 PM
1 member liked this comment
let's not forget, pbr, that mr. oddone asked mr. reister if he worked
at the public house and mr. reister said "yes."

at which point, mr. oddone, could have/should have gotten down. but instead he said: "f... u." this is when reister made his physical move. being asked to remove yourself from aa table top by an employee of an establishment should be enough to get down. apparently for mr. oddone, it was not.
By concerned east ender (49), Sag Harbor on Dec 9, 09 7:54 PM
2 members liked this comment
I think Oddone is guilty but i do think the jury is doing their job as they should, in as much time as they need. HB4life: you have obviously never been on a jury. But PBR you really think someone who is hired as a bouncer should call the police when someone is dancing on a table??? Or call the manager?? Isnt it the manager who would call over the bouncer?? Ask for assistance from other bouncers?? Really -for one individual where the problem didnt appear to be that big?? Isnt that what bouncers ...more
By Sam (252), Westhampton Beach on Dec 7, 09 4:10 PM
99.9% of the time a 'bouncer' has to physically remove someone from an establishment the bouncer isnt harmed. he picked the wrong guy to put his hands on that night....



By slamminsammy (104), East Moriches on Dec 7, 09 4:20 PM
Sam one question for you...If a perp is being belligerent and pushes a police officer can that officer then take out his gun and use deadly physical force? Your argument makes as much sense as Andrews death.
By porter (17), shoreham on Dec 7, 09 4:41 PM
I am sorry my comment was directed at PBR
By porter (17), shoreham on Dec 7, 09 4:43 PM
Yes, that is what bouncers are hired for, unfortunately. You seem to accept that "Might makes Right." It does not. Assault is assault, and Mr. Reister made the first assault, according to almost all the evidence as reported here. If this is not correct, please summarize the testimony indicating that Mr. Reister did NOT initiate ANY physical contact.

Bouncers who choose to get physical choose the consequences.

Mr. Reister made a very unfortunate choice, in retrospect. HE INITIATED ...more
By PBR (4862), Southampton on Dec 7, 09 5:07 PM
1 member liked this comment
You confuse two factual situations which are entirely different.

Bouncer vs. Police Officer? Two separate discussions. Why do you compare them?

Oddone was not a "perp" and Reister was not a police officer (at the time).

Two entirely different factual scenarios, and each calls for a different analysis and legal discussion.
By PBR (4862), Southampton on Dec 7, 09 5:10 PM
It is not laughable - it is tragic - Mr. Reister should not have been in that position - is it even legal for a correction officer to work as a bouncer?

By shamrock (22), brooklyn on Dec 8, 09 8:19 PM
THE PUSH OFF THE TABLE DOES NOT MAKE IT AN ASSAULT...READ THE NYS PENAL LAW.....
By BCHBUM11968 (81), SOUTHAMPTON on Dec 10, 09 1:50 PM
1 member liked this comment
PBR...
Twice you blamed Mr. Reister (the victim) for his own death.

Are you insane?
By elliot (241), sag harbor on Dec 7, 09 5:12 PM
elliot,

I did not blame Mr. Reister for his own death. I said he "initiated" it. Slow down maybe and read more carefully.

There is plenty of blame to go around on this tragic incident, but if you can't handle the ALL the truth, then maybe you should not be here.
By PBR (4862), Southampton on Dec 7, 09 5:18 PM
2 members liked this comment
No PBR is not insane. He is rationally thinking. if you attack someone from behind what would you expect?
By shamrock (22), brooklyn on Dec 8, 09 8:28 PM
PS -- the relies above did not get placed exactly under the comments they relate to. The gist is there without further confusing explanation I guess.
By PBR (4862), Southampton on Dec 7, 09 5:15 PM
A normal side affect of verbal diahrea. We understand.
By double-D (96), southampton on Dec 7, 09 5:41 PM
1 member liked this comment
Double-D,

See reply posted below at 9:55 or so.
By PBR (4862), Southampton on Dec 7, 09 9:55 PM
A shove off a table regardless who makes the first move does not justify deadly pys. force. However twisted you thinking may be.
By porter (17), shoreham on Dec 7, 09 5:19 PM
porter,

I agree with you that a shove off a table does not necessarily justify physical force.

Where did I say it did? ("However twisted you thinking may be.")

Do you agree that Mr. Reister made the first physical move?

Thank you.
By PBR (4862), Southampton on Dec 7, 09 5:54 PM
A shove from behind off a table by someone you don't know, in a bar with blaring music - what planet do you come from?
By shamrock (22), brooklyn on Dec 8, 09 8:30 PM
PBR:
Someone has to be here to counter your insensitivity that you so thinly disguise as pseudo-professional, legal knowledge.
By elliot (241), sag harbor on Dec 7, 09 5:26 PM
elliot,

You have not answered the crucial question. Did Mr. Reister make the first physical move? If not, please summarize the testimony which indicates this.

Thank you.
By PBR (4862), Southampton on Dec 7, 09 5:50 PM
2 members liked this comment
elliot,

Did we miss your reply?

I hope you and your family have a joyous Holiday Season.

Peace on Earth to all.
By PBR (4862), Southampton on Dec 7, 09 10:34 PM
Has anyone here who continues to refer to Reister making the first bad move actually been to the Public House? Oddone was NOT assaulted. If you have ever been there, which I have been many many times, there is no sky high table OR bench that Oddone was shoved, pushed, thrown, or pulled down from. No structure in that room, except the bar top, is HIGH enough for this "justification of physical deadly force" on Oddone's part that the naysayers keep talking about. If you act like a jerk in a crowded ...more
By SunshineBOO! (10), East Hampton on Dec 7, 09 5:29 PM
1 member liked this comment
Sunshine, let's keep this simple.

DId Mr. Reister make the first physical move, or did he not, according to most of the testimony?

If not, in your view, please summarize the testimony on this matter.

Thank you.
By PBR (4862), Southampton on Dec 7, 09 5:48 PM
1 member liked this comment
Yes, Reister made the first physical move. That first initiation is what he was hired to do. Bouncers are hired to maintain the peace and order at a bar or club when the regular staff is not able to do so. If someone is behaving in a way which could cause physical injury, or other, it is the bouncers responsibility to handle the situtaion. Bouncers reduce a bar's liability. With no heir to sarcasm, I know of no restaurant, club, or bar that has hired Dr. Phil or a likeness to only verbally ...more
By SunshineBOO! (10), East Hampton on Dec 7, 09 6:04 PM
1 member liked this comment
Thank you Sunshine for the reply,

I agree that the actions of Mr. Oddone after Mr. Reister's initial assault are subject to a variety of factual interpretations, and legal conclusions.

This is very complicated situation, and the jury will render its justice.

It would be nice in my opinion if everyone here could calm down a little.

Thanks again for a thoughtful reply.
By PBR (4862), Southampton on Dec 7, 09 6:16 PM
Hi was not hired, he was covering for someone else and didnt belong there
By jules612 (7), lk grive on Dec 8, 09 9:32 AM
I will ask you the same question, i.e., what planet do you come from?
By shamrock (22), brooklyn on Dec 8, 09 8:33 PM
PBR is spot on. Reister is absolutely to blame for the physical attack on Oddone. It is assault. thats the only crime here besides the jailing without bail to strengthen the weakest attempt at a murder charge in the history of the state, the whole system should be embarrassed. Real bouncers with brains difuse situations, not attack people inside a crowded bar. Hey 27east, are you serious with the video on this page? did she say it's light? laughing, playing cards and snacking? while a falsley accused ...more
By username1 (32), bay shore on Dec 7, 09 5:36 PM
3 members liked this comment
Your parents are the ones who should be embarrassed.
By double-D (96), southampton on Dec 7, 09 5:47 PM
2 members liked this comment
What, may I ask, makes you so angry and hateful? And, why shouldn't Stacey pass the time of day playing cards, laughing and snacking? Hasn't she suffered enough?? What do you want her to do, sit and stare at the walls? She lost Andrew, she realizes that...she is definitely mourning.

Tell us....what would you like her to do?

You sound like one angry, hateful person that likes to point the finger.
By Disgusted (45), Sag Harbor on Dec 7, 09 8:35 PM
3 members liked this comment
Oddone is a falsely accused man???
He choked someone to death!

Exactly what is Oddone falsely accused of?
Next you'll be telling us that Oddone is some kind of innocent, political prisoner.
By elliot (241), sag harbor on Dec 7, 09 11:06 PM
username 1 you are spot on. Mr. Reister was not a trained bouncer, as you say bouncers are employed to difuse not incite.

Furthermore, i am still waiting to hear if it even legal for a correction officer to work in such a position as bouncer. I would think not!

By shamrock (22), brooklyn on Dec 8, 09 8:38 PM
elliott you make a good point - Oddone is a political prisoner - he fought back after being attacked BUT because Reister was a correction officer all of Reister's incitement of the situation is overlooked.
By shamrock (22), brooklyn on Dec 8, 09 8:42 PM
you are 100% right, he didnt belong there. He was not working in active duty at the jail, he was on desk duty for health reasons - he did not belong so called bouncing at a bar.
By jules612 (7), lk grive on Dec 9, 09 9:48 AM
To all,

Some tough and unpopular questions are being asked here.

This is what the jury is doing right now!

If you cannot provide rational and calm answers to these questions, if you let your anger mingle in here, can you expect the jury to do better?

Do you want the jury to flail around with their emotions controlling the verdict?

If so, will you accept an "Innocent" verdict because they all got pissed off and wanted to reach a verdict before the Holidays? ...more
By PBR (4862), Southampton on Dec 7, 09 6:09 PM
3 members liked this comment
username1: I am a friend of Tonys. Are you? Because your comments are very harsh and it might be a good idea to not say such stupid things. The Resiter family is suffering just like tonys family and friends.
By friend4life (17), Ronkonkoma on Dec 7, 09 6:13 PM
2 members liked this comment
PBR & Publius --- the " Defense seeks mistrial : Judge rejects motion " article has a comment by INS about autopsy & evidence. It is 3/4s of the way down --- after Eclipse's first comment. It came in late. It is more of interest -- than the heat that's been flying here.
By fix-it-now (216), sag harbor on Dec 7, 09 6:34 PM
if Bob Rubin and the members of the bridge golf club are willing to donate money to the defense will they be willing upon a guilty verdict to help support the victims children.
By Bwana (9), Sag Harbor on Dec 7, 09 7:21 PM
1 member liked this comment
friend4life. yes. the thing is when you are confronted by a bully, you punch him in the nose. thats how we got here in the first place. confronting an attack. its easy for a gang to kick, punch and pull someone when they are down on the ground. then testifying against someoneas trained relieves your own guilt and responsibility of your own acts. the bullies on this blog yelling "murderer and perp" need to hear it straight. do you think my comments are inaccurate or just harsh? the subject is ...more
By username1 (32), bay shore on Dec 7, 09 7:43 PM
1 member liked this comment
"the thing is when you are confronted by a bully, you punch him in the nose," is this your mentality? I'm all for sticking up for yourself, but jeez, no wonder your friend is gonna do 25 to life. Let's examine this using the same theory, but from a different point of view. Andy asked Oddone to get down off the table, and Oddone cursed him out--wouldn't that make Oddone the bully? Should Andy have broken his nose? If the situation was reversed, there is no way you would be arguing these points. ...more
By AlwaysLocal (292), southampton on Dec 7, 09 10:36 PM
"the mistreatment of our citizen has been harsh"

WHAT? What "mistreatment"? You know what...don't bother with an answer. I think I lost enough brain cells after reading your first heap of garbage.
By maryb123 (84), east hampton on Dec 7, 09 11:08 PM
Alwayslocal - Mr. Reister was the bully - i wonder who else was dancing on that table - Oddone is about 180 lbs - Reister about 285 lbs. Why pick on Oddone, someone a lot smaller. - Reister as a correction officer was use to people obeying him - Oddone didn't know who he was, bouncer or drunk.

By shamrock (22), brooklyn on Dec 8, 09 8:47 PM
absolutely! What if Reister knocked anthony out after pulling him off the tableand anthony died as a result, same thing as Reister wasnt officially an employee at the bar. But if that were the case, we wouldnt be in this situation. Reister would probably not even have been arrested.
By jules612 (7), lk grive on Dec 9, 09 9:55 AM
shamarock:

you haven't been paying attention.

the others dancing on the table were women. it was ladies night. when mr reister asked mr. oddone to get off the table, mr oddone asked if he (mr reister) worked there. mr reister replied, "yes."
at which point mr. oddone said, "f...u." this is when he was pushed or shoved off the table. now, it would seem that if a patron is asked to remove himself from dancing on a table by an employee, he would . but he was antagonistic and ...more
By concerned east ender (49), Sag Harbor on Dec 9, 09 8:07 PM
1 member liked this comment
You don't know what your talking about, allow me to correct your misinformation. Andy was 220 lbs (not 285) the weight you are referring to(I assume) is what he weighed at the hospital with almost fifty lbs of equipment on his bed, which was keeping him alive. Secondly, there were no other men dancing on tables, as is the policy of the bar. Thirdly, Andy identified himself as a bouncer. Oddone asked "are you a bouncer" and Andy said "Yes." at which point Oddone cursed him out, and ignored ...more
By AlwaysLocal (292), southampton on Dec 10, 09 1:16 AM
Too bad the defendant never took the stand....maybe some of the comments you are making, username1, would be taken back. IF the defendant had taken the stand he would HAVE to answer questions about his past criminal behavior; do you know about his past? It's TOO bad the jury never got to hear about his previous convictions, since it doesn't bear on this case. But it seems like he has had anger issues in the past, and he has confronted more than just Andrew Reister in a bar before. So........what ...more
By beachgirl (11), Hampton Bays on Dec 7, 09 8:10 PM
3 members liked this comment
That is absolutely NOT true. the fifth amendment allows a defendant not to incriminate himself but once he chooses to take the stand, the People have the right to cross examine him on what he testified about, the night in question, his credibility and possibly his past criminal history. My guess, the Prosecutor made a Sandoval application before the trial began and would have been allowed to question him on his past convictions which he did not want to come into evidence.

a defendant ...more
By eclipse (7), Dix Hills on Dec 7, 09 8:57 PM
There is a reply on your first comment on mistrial article about autopsy /evidence Have you seen it?
By fix-it-now (216), sag harbor on Dec 7, 09 9:05 PM
yes i have. my comment are from common practice. there is a case for everything and in certain situations the autopsy report can come in as a business record or under another EXCEPTION to the hearsay rule (like in the case mentioned where there were 12 autopsies and they had one medical examiner testify to all of the procedures or in the case of a medical examiner who died between autopsy and trial). but in almost every criminal trial the report of the police/state/prosecution scientist is not ...more
By eclipse (7), Dix Hills on Dec 7, 09 9:11 PM
Im sorry, it just doesn't work that way. The prosecutor has every right to ask questions on cross examination so long as they are not beyond the scope of his direct examination. and there would most definitely have been a ruling on the admission of the defendant's prior criminal convictions and what the prosecutor could go into were the defendant to take the stand. that occurs BEFORE jury selection to give the defendant ample time to decide if he wants to take the stand.

a defendant ...more
By eclipse (7), Dix Hills on Dec 7, 09 9:22 PM
you have every right to disagree. however, once the defendant chooses to take the stand, in every situation i have ever seen, he waives his fifth amendment right. a witness can be called to the stand and invoke the the right. but by getting out of his chair and swearing to tell the truth, a defendant has to answer the questions. i've never seen a defendant be allowed to take the stand in the middle of his testimony. and I have watched several hundred criminal trials.
By eclipse (7), Dix Hills on Dec 7, 09 9:47 PM
Eclipse ---
There is a reply on your first comment about autopsy / evidence in the Mistrial article --- have you read it ?
By fix-it-now (216), sag harbor on Dec 7, 09 10:54 PM
You are correct to a point. Any witness on the stand can assert his Fifth Amendment privilege against self incrimination at any time. HOWEVER...

Once a person testifies to a topic that is under consideration in that case it is fair to cross examine the witness on that point. The witness may, nonetheless, assert his Fifth Amendment right and stop answering questions. HOWEVER...

If the assertion of the Fifth Amendment prevents cross examination of a topic testified to on direct ...more
By Publius (358), Westhampton Beach on Dec 8, 09 9:07 AM
INS:

you need a comprehensive english class.
By concerned east ender (49), Sag Harbor on Dec 9, 09 8:11 PM
Peace on Earth starts here.

Forgiveness empowers.
By PBR (4862), Southampton on Dec 7, 09 8:30 PM
2 members liked this comment
I stand corrected...true, he could have plead the fifth...it still stands that he has been in trouble with the law before
And, PBR, good will towards men....
By beachgirl (11), Hampton Bays on Dec 7, 09 8:53 PM
And women!
By PBR (4862), Southampton on Dec 7, 09 10:12 PM
About 15 years ago I jumped up on a table in a Paris nightclub and yelled: F--- The French. I was as drunk as a loon and my American spirit got the best of me when they were playing every countries song than the USA.

This was totally uncharacteristic of me. I never did it before and I never did it again. The people I was with took me off the table and told me to calm down. Mrs.Equalizer was not a happy camper after that one.

I guess France has a way of bringing out the worse ...more
By THE EQUALIZER (62), JERICHO on Dec 7, 09 9:31 PM
3 members liked this comment
Check with the DA up in Schoharie County, NY. He was on probation there for a crime some say he didn't commit.
By pstevens (406), Wilmington on Dec 9, 09 12:58 PM
I have said before that I have no faith in the entire Suffolk County Criminal Justice System, including the majority of the judges. In fairness to Judge Hinrichs, I can't honestly say he should be lumped in with my general opinions of the judges in Suffolk County.

Judge Hinrichs is up for re-election in 2011, which is not that long enough time to recover from the wrath of the DA and the petty politicians that may make it difficult for him to be re-nominated for the 2011 election.

Even ...more
By THE EQUALIZER (62), JERICHO on Dec 7, 09 10:02 PM
1 member liked this comment
The whole system is corrupt because your friend is on trial. What a coinkydink.
By maryb123 (84), east hampton on Dec 7, 09 11:00 PM
1 member liked this comment
Double-D,

You previously posted about "verbal diahrea."

Did you mean "diarrhea?"

Is this what the "D" in your moniker refers to? The double D?

If you have the intestinal fortitude (no D-word please), please enlighten us.

Did Mr. Reister make the first physical move on Mr. Oddone?

If not, please summarize the testimony now before the jury which indicates this.

Thank you, and I hope you and your family have a joyous Holiday Season.

Thank ...more
By PBR (4862), Southampton on Dec 7, 09 10:09 PM
THE EQUALIZER:

No, the SCPD or DA did NOT try to "Infect the jury with false rumors." I actually have read AND remembered the history of this case.

If you're interested in the TRUTH, look back at previous articles: The August 19, 2008 article in 27East states: "The judge also ruled that some of Mr. Oddone’s criminal history could be discussed during the trial. Mr. Oddone was convicted of petit larceny in 2004, after he and another man were caught stealing electronics from an ...more
By beachgirl (11), Hampton Bays on Dec 7, 09 10:39 PM
3 members liked this comment
beachgirl,

You quote the media for the Truth? The jury in this case did not get to consult the papers. What about the testimony? That is ALL the jury is considering.

You say that a good bouncer uses his head to diffuse a situation.

DId Mr. Reister do this in your personal opinion?

Did Mr. Reister make the first physical move?

Thank you.

I hope that your and your family have a Joyous Holiday Season.
By PBR (4862), Southampton on Dec 7, 09 10:50 PM
Touche' beachgirl.
By maryb123 (84), east hampton on Dec 7, 09 10:50 PM
The article states what the prosecution was trying to enter as evidence. It is coverage of pre-trial hearings, not an editorial of a journalists opinion. Seriously, go back to school.

By the way..Mr. Oddone's criminal history is a matter of public record. His own "friends" have admitted to the incidents on this very board. However... if you STILL cannot accept the facts, you can always come back with the ol' "Did Mr. Reister make the first physical move?". Because that line has made you ...more
By maryb123 (84), east hampton on Dec 7, 09 10:57 PM
Thanks for the info. My issues are still with the district attorney and the scpd. If Oddone is guilty, so be it. If he is less than guilty, or even innocent, so be it. But in my very honest opinion he did not get a fair trial knowing what I know of those bastards.
By THE EQUALIZER (62), JERICHO on Dec 8, 09 6:16 PM
beachgirl:

do not believe everything you read - or were you never told that before?

what happened is a tragedy - Reister did not use his head - he incited instead of defusing.

and again i ask - is it legal for a correction officer to moonlight as a bouncer?
By shamrock (22), brooklyn on Dec 8, 09 10:51 PM
Oh dry up already, PBR. The first physical move does not justify Deadly Physical Force. Repeat: The first physical move does not justify Deadly Physical Force. This isn't the principal's office, no one's playing "whoever threw the first punch gets suspended!". Andrew Reister was killed by Anthony Oddone. Oddone's use of deadly physical force was not justified. If it were ok to kill someone because they "shove" you, we'd have a lot of dead to bury.

So there you go. Turns out your worn-out ...more
By maryb123 (84), east hampton on Dec 7, 09 10:46 PM
2 members liked this comment
maryb123:

what planet do you live on. the first physical move justifies defense.
By shamrock (22), brooklyn on Dec 8, 09 10:53 PM
"The first physical move does not justify Deadly Physical Force."

I typed it TWICE up there. But go ahead and read it yet one more time, or over and over, until the light bulb comes on. When you're ready, tell me the mistake you made. Then, sit on your hands for a few days, because you cannot seem to post anything without looking most ignorant and ill informed. Thanks in advance.
By maryb123 (84), east hampton on Dec 11, 09 12:52 PM
PBR,
Trust your sensible reasoning is recognized some.

Long you stood at the edge of the supposed rabbit hole -- you did not stumble in ---you jumped feet first and it is a snake pit -- welcome !
By fix-it-now (216), sag harbor on Dec 7, 09 11:10 PM
Oh hello, little self-proclaimed victim!! Long you spout from your blow-hole--- so passive aggressive--- your comments hallow, nonetheless.
By maryb123 (84), east hampton on Dec 7, 09 11:18 PM
1 member liked this comment
PBR,
Trust your sensible reasoning is recognized by some.

Long you stood at the edge of the supposed rabbit hole -- you did not stumble in ---you jumped feet first and found it is a snake pit -- welcome !
By fix-it-now (216), sag harbor on Dec 8, 09 10:09 AM
Thanks, maryb123! :o)

IN addition, PBR, I was NOT the one who stated that a good bouncer uses his head to diffuse a situation. When quotations are used, and another source is cited, those are that person's words. So, go back, and reread, it was username1 who first stated that, and then INS agreed. When I referred to them and that statement, I was trying to bring home a point - they have consisitently inferred that Andrew Reister used brute force, and that a bouncer should not do that. ...more
By beachgirl (11), Hampton Bays on Dec 7, 09 11:17 PM
Check your quotations, they are not where you think they are.
By PBR (4862), Southampton on Dec 7, 09 11:37 PM
Thank you beachgirl and maryb123 for your Joyous and Heartfelt Greetings.

Peace on Earth has started.

God Bless.
By PBR (4862), Southampton on Dec 7, 09 11:32 PM
I am wondering if you realize that insulting each other is NOT going to change the verdict.

By playing "who started it" on this board is so far beyond what matters. What matters is that two children will spend ANOTHER Christmas without their Dad...and some of you have thrown around "blessed" Christmas wishes as off handed insults.

PLEASE take a moment to remember that anyone close to this trial (on either side) probably will not feel blessed this Christmas and anything that you ...more
By wondering (63), Southampton on Dec 8, 09 4:44 AM
2 members liked this comment
And that, Madam Wondering, IS "heartfelt."

May your words be heeded, though I fear they will not be -- especially after the verdict is rendered.

It is said that a Mediator feels that a good decision has been reached if neither side is happy. Perhaps it will be the same with this jury's verdict.

By Frank Wheeler (1790), Northampton on Dec 8, 09 7:31 AM
Did anyone read the Editors comment the other day about NOT insulting each other any further in this quorum? I thought he asked us nicely. Maybe you would be happy if he shut this comment section down b/c all it is is a wrestling ring.
By Sam (252), Westhampton Beach on Dec 8, 09 8:21 AM
2 members liked this comment
I'll try one more time, Sam...

Folks, please try to refrain from insulting each other. It's a very emotional case, and we're trying our best to let the discussion go on without a lot of intervention from us. But let's stay on topic and keep the personal insults to yourselves.
By Joseph Shaw, Executive Editor (201), Hampton Bays on Dec 8, 09 6:27 PM
Thanx for the reply to my question about Oddone's record. That is all I asked.
By THE EQUALIZER (62), JERICHO on Dec 8, 09 8:34 AM
§ 310.30. Jury deliberation; request for information

At any time during its deliberation, the jury may request the court for further instruction or information with respect to the law, with respect to the content or substance of any trial evidence, or with respect to any other matter pertinent to the jury's consideration of the case. Upon such a request, the court must direct that the jury be returned to the courtroom and, after notice to both the people and counsel for the defendant, ...more
Dec 8, 09 9:53 AM appended by Publius
To highlight: With the consent of the parties and upon the request of the jury for further instruction with respect to a statute, the court may also give to the jury copies of the text of any statute which, in its discretion, the court deems proper.
By Publius (358), Westhampton Beach on Dec 8, 09 9:53 AM
I wish they had it in writing. It's an awful lot to remeber. There are so many specific components to each charge. I am not surprised that afterthe weekend they would need it re-read.
By FOTO (36), Lake Grove on Dec 8, 09 9:56 AM
They don't need anything in writing because last I checked all u need is common sense that when an unruly drunken bar patron tells staff "F*&^ Y*&" and proceeds to choke a man for over two minutes as people try to get him off that man by punching and imploring him that he is killing that man, that is murder.
By HB 4 Life (72), Hampton Bays on Dec 8, 09 11:18 AM
1 member liked this comment
I agree with you. The jury should have the entire charge provided to it in writing. It should not be limited to the elements, and it should not require either a request from the jury and certainly should not require the consent of both parties for submission of the legal instructions.

Either we trust juries to make intelligent and informed decisions or we don't. Two hundred plus years ago we chose the former when the constitution was ratified.
By Publius (358), Westhampton Beach on Dec 8, 09 11:46 AM
Well clearly if that were ALL the information or if that were the WHOLE truth there would not be 12 people still held up in a room this whole time and still deliberating 5 days later. Do you think they want this to drag on or do you that just maybe they heard something that you refuse to hear? There is more to the story whether or not you are willing to admit that.
By FOTO (36), Lake Grove on Dec 8, 09 11:53 AM
SOUTHAMPTON PRESS STAFF: Are the delinerations getting in the way of ur Tuesday deadline? Where are the updates?
By HB 4 Life (72), Hampton Bays on Dec 8, 09 11:19 AM
The jury submitted a note to the judge this morning asking to review "a lot" of evidence. No report on what it is yet. Staff Writer Michael Wright is at the court now.
By BOReilly (133), 27east Web Editor on Dec 8, 09 11:25 AM
2 members liked this comment
They asked to have testimony of 3-4 people read back, some of which was done before lunch and the rest will be completed after lunch and they also asked to see some pictures again too I think.
By FOTO (36), Lake Grove on Dec 8, 09 3:37 PM
What FOTO wrote above is true--they've been reading back testimony to the jury. We've updated the story to reflect the latest reports we've gotten from our reporter in the field.
By Joseph Shaw, Executive Editor (201), Hampton Bays on Dec 8, 09 6:28 PM
1 member liked this comment
There was no altercation. There was a bouncer working for a private establshment who told a drunk to get off the table, the drunk refused, and the bouncer removed him from the table. Again, the drunk, who is now a murderer, chose to drink ,chose to get on the table, chose to put his hands/arms around another human being ,and chose not to let go.. therefore he is a murderer. Might have been a nice guy prior, but now is a murderer. This is what happens when you choose to drink in excess...
By grimag (38), southampton on Dec 8, 09 3:29 PM
1 member liked this comment
you need to go read up on the definition of murder before typing...
By slamminsammy (104), East Moriches on Dec 8, 09 3:35 PM
This case is certainly not muder, not murder 1 and from what i've read, not murder 2, murder 2 also requires intent. I'm not a lawyer but it doesn't sound like Mr. Oddone intended to kill Mr. Reister. That doesn't, in my mind, absolve Mr. Oddone, I feel he is guilty of Involuntary manslaughter or criminally negligent homicide (depending how they coin it).

It is reasonable to conclude that Mr. Oddone saw Mr. Reister as a threat and did in fact defend himself. He went too far though, and ...more
By jpcamaro70 (3), Southampton on Dec 8, 09 4:56 PM
I agree.
By East End Guy (21), Southampton on Dec 8, 09 5:38 PM
SAW HIM AS A THREAT????? WALKING AWAY WITH HIS BACK TURNED ???
NO INTENT ? KEEPING A CHOKE HOLD ON HIM UNTIL HIS BODY GOES LIMP ?? THEN LIKE A MUDEROUS PIECE OF GARBAGE, RUNS AWAY FLAGS THE NEAREST CAB, AND WHEN THE CAB IS BEING FOLLOWED BY PD, TELLS THEM NOT TO STOP. HE KNEW WHAT HE WAS DOING , AND WHAT HE HAD DONE, LETS STOP THE BULL$%^&.......THATS FRIGGIN INTENT.......
By BCHBUM11968 (81), SOUTHAMPTON on Dec 8, 09 6:50 PM
1 member liked this comment
When fighting a larger opponent, the most effective strategy is to somehow obtain their back and apply a choke. It's one of the most effective means of protection. A proper choke can render your opponent "out" in a short period of time. Oddone is guilty because he held the choke too long, but with your adrenaline pumping, the fear associated with a fight, and the "craziness" of the bar and crowd, I don't think he realized when to let go. I doubt (I could be wrong) that this was intentional.

The ...more
By East End Guy (21), Southampton on Dec 8, 09 7:14 PM
1 member liked this comment
Who said he was walking away? Not one eyewitness said he was walking away! Don't twist the facts. JUst because Tony got behind him doe NOT mean he was walking away or was no longer a threat. Nobody RAN to a cab to flee. The cab driver was given a LOCAL address. He was not FLEEING away. Fleeing would be going to hide in the woods or go to bus station or airport....not a nearby home!
By FOTO (36), Lake Grove on Dec 8, 09 7:21 PM
bchbum1968

to much salt water to the brain?
By shamrock (22), brooklyn on Dec 8, 09 11:00 PM
if he isnt guilty, then why does he tell the cabbie to keep driving when being pulled over by pd??

doesnt make sense.................
Fleeing- removing oneself from a place, scene, etc.......nowhere does it say woods, bus station (??) or airport...........
By BCHBUM11968 (81), SOUTHAMPTON on Dec 10, 09 1:57 PM
HB4life-you really are a jerk-there are no deadlines on websites
By EastEnd68 (888), Westhampton on Dec 8, 09 5:51 PM
maryb123
beachgirl
HB 4 Life
porter
elliot
AlwaysLocal
Double-D,

This was indeed a tragic event.

I have reviewed the comments from last night, and I don't see any posts from any of you acknowledging that Mr. Reister made the first physical move. Did I miss your posts on this?

Before you reply in haste, please read the posts from last night in which I did say that whatever happened after Mr. Reister's initial assault was open to factual and legal ...more
By PBR (4862), Southampton on Dec 8, 09 6:42 PM
You mean if i say the victim started it you'll stop? No problem. The victim started it. Now what? Oddone still broke the law.Still got in a cab and fled. Is still responsible for the death of a man trying to do his job. So sad. You should concider counseling. You obviously have a challenged thought process.Good Luck
By double-D (96), southampton on Dec 8, 09 7:00 PM
It seems that the jury is past the question of whether Mr. Reister first touched Mr. Oddone. (you use the term "assault" that is a loaded word which in a criminal context includes intending to, and causing physical injury)

The repeated request for instructions by the jury seems to suggest they are focused on the element that differentiates the four charges under consideration.

1. the intent to kill
2. the intent to cause serious physical injury
3. the conscious disregard ...more
By Publius (358), Westhampton Beach on Dec 8, 09 7:06 PM
If we just ignore the name calling (as in Eastend64's comment) then maybe it will go away. Anyway, PBR Ive read articles to both effects that Reister did indeed put his hands on someone, and other spectators who said no such thing happened. So unless you or any of us were there, I think it is mere speculation. You can go ahead and quote articles that state he used physical force but I am most certain I have seen quotes from bystanders who insist no force was used. Obviously someone is wrong but ...more
By Sam (252), Westhampton Beach on Dec 8, 09 6:54 PM
The prosecuting attorney admitted Tony was pushed off the table.
By FOTO (36), Lake Grove on Dec 8, 09 7:00 PM
Did the prosecuting attorney say how hard he was pushed? Was it a shove or a nudge? There is a difference between the two... just curious. Did she say?

Sort of like the difference between guiding kids when you want them to do move along..or actually shoving them forward.
By Disgusted (45), Sag Harbor on Dec 8, 09 10:36 PM
Disgusted:

Think - in a bar setting would you push or nudge? i think push is the answer.
By shamrock (22), brooklyn on Dec 8, 09 11:06 PM
Thanks FOTO --

It should be pretty easy therefore for everyone to step up to the plate and acknowledge the first physical contact by Mr. Reister.

double-D, please re-read my recent post. I said twice that whatever happened after Mr. Reister chose to make physical contact was open to debate, and that Mr. Oddone may be guilty of a crime.
By PBR (4862), Southampton on Dec 8, 09 7:25 PM
He's definately guilty of a crime. It's a matter of to what extent.
By East End Guy (21), Southampton on Dec 8, 09 7:33 PM
1 member liked this comment
What is the point of hashing and re-hashing this out? What do you all get from it? You just get all riled up and there is nothing anyone can do. Andrew is dead, Oddone is waiting for his verdict. HIS verdict..Just wait it out, the jury will decide the verdict. Its out of your hands. Let go.... You will hear it on the news I am sure.

By Disgusted (45), Sag Harbor on Dec 8, 09 7:50 PM
Disgusted,

Just trying to establish one basic fact at a time, similar to what the jury is doing. A very simple request IMO.

Funny that many commentators cannot step up to the plate regarding what FOTO posted is an accepted fact -- Mr. Reister made the first physical move.

"The Truth Shall Set You Free?"
By PBR (4862), Southampton on Dec 8, 09 8:14 PM
yes, he made the first physical move AFTER oddone, who KNEW reister worked at the public house (he asked him) said: "f...u." Reister had every reason as a bouncer and an employee to physically remove oddone from the table AND from the public house. oddone was drunk, arrogant and filled with rage. also, he was probably humiliated in front of the "women" he was dancing with, on the table. i don't know, call me crazy, but do you think, oddone provoked this? i do.
By concerned east ender (49), Sag Harbor on Dec 9, 09 8:27 PM
They must acquit. any thinking person knows that the continued requests are for clarification and review of conflicting testimony is for the final jurors who were predisposed by the hype now exhibiting reasonable doubt. there is no verdict yet because there is DOUBT. doubt = acquittal. the jury will do the right thing. they are doing their job well. they are open to examining the evidence and asking why evidence is missing. my guess is tomorrow for acquittal.
By username1 (32), bay shore on Dec 8, 09 7:59 PM
I can see a acquittal, but if not --- nothing more than crim. neg homicide.
By fix-it-now (216), sag harbor on Dec 8, 09 8:29 PM
1 member liked this comment
How do you rectify the death?? Just say oh well, he killed someone???

That can't happen!
By Disgusted (45), Sag Harbor on Dec 8, 09 8:58 PM
"They must acquit". No they musn't, you silly girl. You'll see. ;)

Someone has been watching too many OJ trial reruns on Court TV.
By maryb123 (84), east hampton on Dec 11, 09 1:09 PM
I wish this trial was on TV....

Another thing i was thinking...if Mr. Reister pushed Mr. Oddone off the table and Mr. Reister didnt turn his back on him how exactly did he wind up in a chokehold?

Theres no way a guy 4 inches shorter than a man 75lbs heavier than him automatically gets him into a hold like that. This isnt the WWF. There must have been a short physical exchange between the two for Oddone to even get into position to make that hold on him. Oddone probably put him ...more
By slamminsammy (104), East Moriches on Dec 8, 09 8:17 PM
I think you are a wannabe detective... along with the rest of your cronies on here.
By Disgusted (45), Sag Harbor on Dec 8, 09 8:23 PM
Disgusted,

Do you acknowledge that Mr. Reister made the first physical move on Mr. Oddone?

Thank you.
By PBR (4862), Southampton on Dec 8, 09 8:30 PM
Perhaps he nudged him to get down...but how threatened could he have been...the table was only 2 1/2 - 3 ft off the ground. How threatened could he have felt? His buddies were there with him for support. All he had to do was get down off the table when he was told. He could have said sorry, didn't realize guys weren't supposed to dance on the tables. That would have been that. He got mouthy to sound cool. It would have been more adult, cool, sophisticated, whatever to just act like an adult. ...more
By Disgusted (45), Sag Harbor on Dec 8, 09 8:53 PM
Disgusted,

OK I guess we can take your tacit admission ("Perhaps he nudged him to get down") as a half-hearted acknowledgment that Mr. Reister made the first physical move.

Did you see FOTO's post that the ADA has accepted as fact that Mr. Reister pushed Mr. Oddone off the table? [I assume this is accurate -- no one has challenged it.]

After all this time, if you can't acknowledge the accepted facts (which even the DA accepts), how can we, and the jury, move on?

"nudged" ...more
By PBR (4862), Southampton on Dec 8, 09 9:18 PM
It was in one of the early articles from 2008...I am looking for it. Went to the effect of ... "the girls were loving me" Not sure of the exact words...sorry it is not exact. I am not here to fight.
By Disgusted (45), Sag Harbor on Dec 8, 09 9:47 PM
Thanks, but I doubt if it was actually stated by Mr. Oddone. Perhaps someone else?

Thank you for the reply.
By PBR (4862), Southampton on Dec 8, 09 9:53 PM
The quote comes from... AUG 19, 2009 27EAST ACCOUNTS POINT TO SELF DEFENSE CLAIM IN SOUTHAMPTON VILLAGE MURDER TRIAL
Officer Rodecker’s statement says that Mr. Oddone asked at one point why he was being held. He recalled dancing on the table with the girls and said “they were loving him” and “the next thing he knew, he was getting dragged out of the bar.”

I didn't have the quote exactly right from memory... but close. Sorry. I do like to try to be accurate.
By Disgusted (45), Sag Harbor on Dec 8, 09 10:10 PM
Disgusted

no nudge - it was a push, a shove from someone Oddone didn't know, didn't id as a bouncer.

the question is: should Reister as a correction officer, with all his training, with all his experience known not to provoke? but as i said before Reister was use to people doing as he told them - unfortunately Oddone didn't know that Reister was a bouncer and a correction officer. I imagine he thought he was some perp starting trouble in a bar.
By shamrock (22), brooklyn on Dec 8, 09 11:12 PM
"I imagine he thought he was some perp starting trouble in a bar. "

Oddone told him repeatedly to get off the table. Reister cursed him out! Thought Reister was some perp starting trouble? Oddone was dancing on the table!!!
Is that normal behavior in a bar?
By elliot (241), sag harbor on Dec 8, 09 11:31 PM
shamrock:

get a grip. oddone ASKED reister if he worked at the public house. reister replied, "yes." at which point oddone said... "f..u."

he KNEW reister worked there. maybe he didn't know he was a BOUNCER but he knew he WORKED there and was asking him to get off the table. oddone refused when he said..."f...u" which is why he was pushed.
By concerned east ender (49), Sag Harbor on Dec 9, 09 8:35 PM
Geez, now I read that maybe Oddone didn't choke Andrew Reister? That there is conflict amongst the spectators? I am still trying to figure out how a man could be turning blue in front of 30 spectators and not ONE of them did what he would take to get Oddone to stop. I find that very hard to believe. I'll tell you one thing that if I was there and I saw the victim turning blue and going limp I would have stopped Oddone - one way or another.

I those dirty 30 didn't believe Andrew Reister ...more
By THE EQUALIZER (62), JERICHO on Dec 8, 09 9:13 PM
Imagine living in this country if every time you felt threatened you were justified to murder someone. This would be a very uncivilized society.

Feeling threatened is walking alone and getting mugged. Feeling threatened is being stalked. Being told to get off a table .. that is being told to follow the rules...that is not being threatened.

Put this in the proper prespective. This was not self defense. This is an excuse for being out of control.
By Disgusted (45), Sag Harbor on Dec 8, 09 9:32 PM
1 member liked this comment
Disgusted,

Please tell us where your quote of Mr. Oddone comes from.

Have you been a victim of physical violence?

Were you mugged or stalked?

Thank you.
By PBR (4862), Southampton on Dec 8, 09 9:36 PM
I answered the question about the quote above..

I chose not to answer the other two questions, they are out of context.
By Disgusted (45), Sag Harbor on Dec 8, 09 10:12 PM
Disgusted,

Thank you. I understand.

Peace on Earth.
By PBR (4862), Southampton on Dec 8, 09 10:30 PM
Thanks Michael for the updated information in the article tonight.
By PBR (4862), Southampton on Dec 8, 09 9:49 PM
Disgusted,
That Oddone quote "the girls were loving me" came from the same department that wrote "INTOXICATED" on the arrest report, then testified in court that he wasn't intoxicated, but that the officer made a mistake, saying he meant to write that he "smelled strongly of alcohol", so I'm sure that it's a very "accurate" quote.

Fortunately for Mr. Oddone, the jury heard ALL the testimony AND cross examination, not just the testimony reported in the paper.
Although to be fair, ...more
By open mind (18), southampton on Dec 8, 09 10:18 PM
1 member liked this comment
open mind

you are so correct.

By shamrock (22), brooklyn on Dec 8, 09 11:17 PM
Since many on this forum have bought into the defense attorney's claim of "self-defense", allow me to offer a different view of why Reister choked someone to death for 2 full minutes while bar patrons tried their damnedest to get him to stop:

Riester was PISSED!. He was enjoying doing his "sexy-man" dance for the female patrons. He was finally pulled down off the table by Oddone and it hurt his pride.

He was mortified! He was insulted in public in front of women.
He wanted ...more
By elliot (241), sag harbor on Dec 8, 09 11:22 PM
I inverted the names by mistake. Apologies.
By elliot (241), sag harbor on Dec 8, 09 11:43 PM
Well its been a long time coming. Some of you guys got me because I am not only amused, astonished, and most times saddened about what you have said about Andrew. I will tell you that I knew him very well and more so than any of you could ever or would want to assume to think. You make statements that you hide behind with your screen names and yes I have mine too. I guess I've become addicted to reading into these comments and letting myself think that people could ever believe others would read ...more
By localbigboy (7), southampton on Dec 9, 09 2:55 AM
2 members liked this comment
It is evident that many who post here come with a variety of experiences both good and bad. These varied experiences lead the people who post here to different conclusions about what they think should happen in this case all the way from conviction for murder to outright acquittal of all charges. You can be sure that the members of the jury come to the deliberation room with the same variety of experiences.

Each person who posts here can sit at their computer and without personal inconvenience ...more
By Publius (358), Westhampton Beach on Dec 9, 09 8:31 AM
2 members liked this comment
elliot,
have another drink and go to work. you are 3 to 11 today
By username1 (32), bay shore on Dec 9, 09 9:13 AM
OH cmon, can we stop publishing NOVELS in the comment section! Will anybody read Publius comment from top to bottom?? Im serious.... I'd like to know.
By Sam (252), Westhampton Beach on Dec 9, 09 10:31 AM
1 member liked this comment
Press editor-please consider a policy limiting comments to 240 characters or some reasonable number. This policy should apply to all stories on 27East. Thank you.
By EastEnd68 (888), Westhampton on Dec 9, 09 10:44 AM
I think if anything is limited it should be nasty comments towards one anotheer and name calling. If something is too long for you, don't read it. At least Publius is not attackign anyone. He is calm, articulate, and shares information that shome of us find useful. Skip his comments or any others that are too long for you.
By FOTO (36), Lake Grove on Dec 9, 09 10:54 AM
SOUTHAMPTON PRESS STAFF: Is the office open today? Are u covering this trial still? I only ask because there seems to be a little interest in it.
By HB 4 Life (72), Hampton Bays on Dec 9, 09 11:03 AM
HB 4 -- Michael Wright has posted a new article today. I don't think the link to it is above yet.
By PBR (4862), Southampton on Dec 9, 09 11:11 AM
yes, yes, what we need is more restriction, if it is too long or makes me start to think --- I do not want to see it --- and no one else should be allowed too either.
By fix-it-now (216), sag harbor on Dec 9, 09 11:04 AM
If it's too long then don't read it.....Who cares is someone wants to write a novel, is it too hard to scroll past it?

Long posts such as Publius' offer valuable information regarding the law, and i, for one, enjoy his posts. He doesn't slam anyone, his writing is concise and intelligent, who cares if it's long.
By East End Guy (21), Southampton on Dec 9, 09 11:08 AM
Thank you Publius for posting what you do. It is very informative, and yes I did read the entire instruction about a deadlocked jury. Your comments asking others to imagine what is going on in the jury room are also appreciated. As you hint, consider trying to get twelve people picked randomly from this forum to agree on a conviction of any kind.

The jury here does have a difficult task before it, and it appears to be doing a mature and thoughtful job. Hopefully the instruction you posted ...more
By PBR (4862), Southampton on Dec 9, 09 11:10 AM
The link to all pattern jury instructions used throughout NY is below:

http://www.courts.state.ny.us/cji/

There are times judges have novel issues which require them to take language directly from case law and compose their own, but these are pretty comprehensive. If you go to Penal Charges, the homicide instructions are under Article 125.
By Publius (358), Westhampton Beach on Dec 9, 09 11:54 AM
Here is the new article.

http://www.27east.com/story_detail.cfm?id=250924&town=Southampton&n=Oddone%20Jury%20a%20week%20into%20deliberations

By PBR (4862), Southampton on Dec 9, 09 11:51 AM
Ok then I wont read the novels. But I do think putting a limit on the number of characters is a good idea. Matter of fact it might give less room for the hostility.
Wouldnt that be nice?
By Sam (252), Westhampton Beach on Dec 9, 09 12:33 PM
how about just deleting the hostile posts.
By East End Guy (21), Southampton on Dec 9, 09 12:39 PM
1 member liked this comment
So you'd advocate censorship?

That's inimical to the whole concert of a free press.
By Frank Wheeler (1790), Northampton on Dec 9, 09 1:01 PM
Most boards delete flame wars. If a post is inappropriate or overly hostile, and breaks the rules of the board, it makes sense to delete it. I am not for censorship, but if the rules are broken, well, they get their post booted.
By East End Guy (21), Southampton on Dec 9, 09 2:12 PM
I, too, thank the jury for taking their oath of office seriously - at least I hope so. It is diffiuclt for me to imagine how a person would agree to sit on a jury and come in with a pre-conceived notion of guilt. Truth of the matter is that no matter what the law says and no matter what the judge tells the jurors, the man sitting in the defendant's chair is presumed guilty. It is nothing more than a myth perpetuated by the criminal justice system.

It is also a myth that when a defendant ...more
By THE EQUALIZER (62), JERICHO on Dec 9, 09 12:42 PM
That's a joke. If they took it seriously they would have been back in five minutes with a verdict that read guilty of murder. A good, hard working man was choked to death in front of many witnesses for over two minutes and all the defense could do was bring in a ME from Detroit who contradicted his own textbooks to give testimony.
By HB 4 Life (72), Hampton Bays on Dec 9, 09 1:13 PM
1 member liked this comment
Newsday just reported that the jury asked for testimony to be read back to them, of a bar patron who said Mr. Oddone lost his balance and fell off the table.

By PBR (4862), Southampton on Dec 9, 09 1:51 PM
being pushed off a table is hardly considered assault..........i know a few of you think you are attorney's but........maybe harassment at best....
By BCHBUM11968 (81), SOUTHAMPTON on Dec 9, 09 2:02 PM
Only one person said assault. Its clear that Mr Riester did not assault Mr. Oddone.
By East End Guy (21), Southampton on Dec 9, 09 2:14 PM
Thank you!
By elliot (241), sag harbor on Dec 9, 09 2:32 PM
So elliot, you are acknowledging that Mr. Reister made the first physical move?
By PBR (4862), Southampton on Dec 9, 09 2:37 PM
If Mr Riester did push Mr Oddone it most certainly is Assault ! Removing a patron in a controlled safe manner and pushing them off of a table are totally diff situations.
By Hand of God (13), moriches on Dec 9, 09 3:46 PM
PBR-

You have asked that question numerous times of numerous posters. Testimony from more than one witness seems to indicate that SOME LEVEL of physical contact was initiated by Reister (I think you know that). What is the significance of your question? Do you believe ALL physical contact bears the same level of grievousness? How do YOU believe that affects what a proper verdict should be?
By VOS (1089), WHB on Dec 9, 09 4:10 PM
PBR, you sound like a broken record.
By East End Guy (21), Southampton on Dec 9, 09 3:17 PM
2 members liked this comment
Perhaps Elliot should, you know, JUST ANSWER PBR's QUESTION!

By Frank Wheeler (1790), Northampton on Dec 9, 09 4:05 PM
Of course,

Mr. Reister pulled Oddone off the table, as was his right and responsibility.

Late nights at bars with drunks require the presence of a bouncer. Reister told Oddone repeatedly to get down. FInally, Oddone cursed him out.

That's the big red flag for any bouncer. After he got Oddone off the table, Oddone got him in a headlock from behind and choked him to death, the horrible details of which I shall not include here.

Oddone is certainly guilty. ...more
By elliot (241), sag harbor on Dec 9, 09 4:33 PM
Pushing someone off of a table is not ASSAULT? Tell you what - let's meet somewhere and allow me to push you off of a table and tell me it isn't an assault. If it doesn't convince you the first time we can do it over and over again until you have a better understanding.
By THE EQUALIZER (62), JERICHO on Dec 9, 09 4:51 PM
Well said.
By fix-it-now (216), sag harbor on Dec 9, 09 5:15 PM
If I was dancing on your table in your restaurant (probably drunk) and you told me again and again to get down and my reply to you was, "F--CK YOU"-
tell me, angry one, what would YOU do?
By elliot (241), sag harbor on Dec 9, 09 5:40 PM
1 member liked this comment
I think assualt requires the intent of harm. Do we think Mr. Reister intended to harm Oddone?
By East End Guy (21), Southampton on Dec 9, 09 5:01 PM
Assault requires intent to cause physical injury and causing physical injury to a person. or recklessly causing physical inujury to someone. or causing physical injury to another person with a deadly weapon or dangerous instrument with criminal neglegence.

and unfortunately i dont think any of those apply to a push/shove off a table by a bouncer.
By eclipse (7), Dix Hills on Dec 9, 09 5:43 PM
If you truly believe that is an assault.Than could I take out a gun and shoot you. I would than be able to claim self-defense. That is absolutely ridiculous.
By porter (17), shoreham on Dec 9, 09 5:27 PM
There was only ONE witness, a defense witness, who stated that she saw Andrew physically touch the defendant. I spoke with Andrew's widow regarding this persistent issue last night. Only ONE person, out of dozens , saw that from their vantage point.

And there is also an error above, PBR stated, "- Did you see FOTO's post that the ADA has accepted as fact that Mr. Reister pushed Mr. Oddone off the table? [I assume this is accurate -- no one has challenged it.]" Consider it challenged, ...more
By beachgirl (11), Hampton Bays on Dec 9, 09 5:59 PM
beachgirl, as long as you represent the unbiased opinion of the objective Andrew's widow we know you're right and without challenge. Thanks for the truth about things. dont worry about verbosity, you just blabber on. what you have to say is important and objective, right? why dont you just spend a few minutes with the jury and get this thing done already.
By username1 (32), bay shore on Dec 9, 09 6:08 PM
Gals are allowed to dance on tables, but not men? Oh, please.

The only problem I have with this case is that Spota is trying it. You can't expect that Oddone would get a fair and unbiased trial. For all I know Oddone could be a serial killer. If Spota tried bin Laden I would question the charges.

That witch that is trying Oddone used to fly into the courtroom on her broom to look in on her husbands frame job trial.

The husband and the wife probably hang by their ...more
By THE EQUALIZER (62), JERICHO on Dec 9, 09 6:27 PM
1 member liked this comment
beachgirl,

Thank you for your post.

In a quick review of the articles here I have found two instances in which witnesses say that Mr. Reister made the first physical move.

10/28 article -- Goucher is witness ("shoved")
11/30 article -- Cohen is witness (friend also testifies) ("knocked the guy to the ground . . . extremely aggressive . . . inappropriate")


This is one of the factual issues which the jury must resolve, of course, and they seem to be doing ...more
By PBR (4862), Southampton on Dec 9, 09 6:32 PM

think


Think " Kangaroo Court " !






By fix-it-now (216), sag harbor on Dec 9, 09 6:38 PM
1 member liked this comment
New update from reporter Michael Wright, who is still at the courthouse in Riverhead. Jury just broke for the night after working late.

From here on out, we'll post updates like we have above--at the top of the latest article on the case--so web readers won't have to go searching through comments for updates as they become available.

We will incorporate updates into the story as the week continues, and we'll continue to post updates at the top in similar fashion.
By Joseph Shaw, Executive Editor (201), Hampton Bays on Dec 9, 09 9:50 PM
Now this is what I call reporting. We just don't see much of that anymore. I went through an ordeal with a relative in another trial. I developed a relationship with some reporters at Newsday. I begged them to come to the trial and cover it.

When I suspected there was going to be something very shocking I called and begged them to come. I had to guess because Ms.Merrifield's husband refused to pay any courtesy to the defense counsel by telling us who the next witness would be. As advertised, ...more
By THE EQUALIZER (62), JERICHO on Dec 9, 09 10:41 PM
1 member liked this comment
Thank you Joe. I appreciate the work you and Michael are doing to bring updates asap! Great job!!!
By wondering (63), Southampton on Dec 9, 09 10:06 PM
Time for some hard truth. Reister was 6'4" - 285 lbs., a moutain of a man. Oddone is 6' - about 180 lbs - small compared to Reister.

Reister was a Correction Officer (probably not permitted to work anywhere as a bouncer) who was most likely use to people doing as he told them. Oddone didn't know Reister was a Correction Officer nor that he was the bouncer.

Reister pushes Oddone off the table - Oddone mostly likely thinking if this guy (Reister) get the better of me I am dead. So ...more
By shamrock (22), brooklyn on Dec 9, 09 11:00 PM
2 members liked this comment
Sham-

When you start with the words "hard truth" you should present the facts, not your (misinformed) opinions. You should not be inflating the weight of one party by fifty pounds or so. If you'd just read a LITTLE of the volumes printed, you'd see that not only was Reister wearing a shirt from the establishment, Oddone asked him if he worked there and cursed him out when the reply was affirmative. All he needed to do was get down from the table at that time - what any REASONABLE person ...more
By VOS (1089), WHB on Dec 10, 09 2:22 AM
HOW ABOUT THE TESTIMONY OF A FEMALE SAYING SHE WAS KICKING HIM, DONT YOU THINK THERE SHOULD OF BEEN A REACTION THEN? MAYBE A REACTION IF YOUR INTENTION WAS NOT KILLING MR REISTER...........OR YOU ARE IN SUCH A RAGE AND FOCUSED, EMBARASSED THAT YOU ARE OUT TO MAKE SURE THIS GUY NVR EMBARASSES YOU AGAIN.....................THERE FOLKS WE HAVE INTENT........
By BCHBUM11968 (81), SOUTHAMPTON on Dec 10, 09 1:47 PM
First of all GOD BLESS the REISTER family, you are in our thoughts and hearts. Here is the deal; no one should have been dancing on the table, male, female or other. If someone dancing on the table “accidently” fells off that table, the Southampton Publik House would be under new ownership after the lawyers got done suing the restaurant. So with that said, would a reasonable person dance on the table, NO. It is not what we do. We dance with our feet on the floor. Should REISTER have pushed/pulled/grabbed, ...more
By nt lumberjack (1), North Tonawanda on Dec 10, 09 2:26 AM
3 members liked this comment
Joe Shaw-thanks for a responsible job. Hope you bought Mike dinner.
By EastEnd68 (888), Westhampton on Dec 10, 09 6:04 AM
Mike's a real pro, and his dedication to this story is not going unnoticed, believe me. We're lucky to have him.

Dinner for Mike last night, by the way, was a bag of pizza-flavored Combos, I'm told. It's not the most glamorous job in the world!
By Joseph Shaw, Executive Editor (201), Hampton Bays on Dec 10, 09 11:30 AM
I don't understand how this has become an issue of deadly physical force? There is evidence that force of some type was used and that force may have contributed to Reister's death. Oddone didn't stab Andrew, shoot him, or bashed him over the head with a chair. What he seems to have been doing was to restrain Andrew.

Who knows what really happened. When SCPD and the SCDA get involved and there is a poltical component involved, then all bets are off.
By THE EQUALIZER (62), JERICHO on Dec 10, 09 7:37 AM
If anything Mr Oddone is guilty of criminally negligent homicide or second-degree manslaughter. Anything else would be a crime in its self.
By Hand of God (13), moriches on Dec 10, 09 7:48 AM
"Assistant District Attorney Denise Merrifield asked Judge Hinrichs to only read for the jurors the first two charges—second-degree murder and first-degree manslaughter—out of the four charges the jury has to choose from should jurors decide to find Mr. Oddone guilty."

When the prosecutrix wants the jury to have less information to make its decision rather than more. What does that tell you about her own private assessment of the application of the law to the facts?

Judge Hinrichs ...more
By Publius (358), Westhampton Beach on Dec 10, 09 9:19 AM
1 member liked this comment
Im wondering id the jury is deadlocked...

Dont the juries do a vote at points throughout their deliberations? One would think after a week without anyone budging with their vote they may say they cant come to a verdict...especially if its closer to 50/50.
By slamminsammy (104), East Moriches on Dec 10, 09 9:20 AM
I suspect you hit the nail on the head. Just like on this forum their are people on the jury with polar opposite views. I suspect some are pushing for the max second-degree murder and first-degree manslaughter, which this tragedy was not, and some feel criminally negligent homicide and second-degree manslaughter or a acquittal is more appropriate. All the re-reads probably have more to do with certain jurors lobbying for their point of view. At most this should of been a 1 to 5 case, only because ...more
By Hand of God (13), moriches on Dec 10, 09 9:53 AM
2 members liked this comment
EastEnd68 I AM ON UR SIDE
By fdny7318 (60), Water Mill on Dec 10, 09 9:34 AM
NO ONE pushes a popular golf caddy off a little table and gets away with it...
By year round (22), southampton on Dec 10, 09 9:41 AM
1 member liked this comment
I do not envy this jury. I was almost picked for a jury on a murder case. You have to remember that juries are picked well after the initial arrest, news reports, gossip, etc. It's very difficult to walk into a court room & ignore everything you've heard/seen up to that point. You wonder why information you heard, which you think is relevant, is not mentioned. Could you ignore facts which you think are important? As seen here, everyone has their own opinions (even without the facts), so you ...more
By Ms. Jane Q. Public (147), Southampton on Dec 10, 09 9:54 AM
The true negligent party here is the public house. The public house created the dangerous environment where people were dancing on tables to their music and the crowds cheers. The public house created the environment where their wasn't enough security to safely deal with the patrons.
By Hand of God (13), moriches on Dec 10, 09 10:11 AM
3 members liked this comment
According to most comments on this forum, EVERYONE else is guilty:
*The DA is guilty.
The Police Dept is guilty.
*The Public House is guilty.
*Riester ( the victim) is guilty.
*The Justice system is guilty.
* The Eyewitnesses are guilty.
*The Press is guilty.
Ad Nauseum....

Everyone but the actual guy who choked someone to death in public is guilty.

By elliot (241), sag harbor on Dec 10, 09 10:25 AM
2 members liked this comment
Actually everyone you mentioned is guilty of something concerning this case including Mr Oddone but not of second-degree murder and first-degree manslaughter. This is a 1-5 case or self defence nothing more .
By Hand of God (13), moriches on Dec 10, 09 10:40 AM
The fact that bothers me so much is the amount of time that Oddone had Reister in a headlock (that no one present at the Public House could break no matter how much they tried)

Look at your watch and count out two minutes +
It's a LONG TIME.

Picture, if we can, choking someone for that long.

That speaks to me of more than simple anger. It says RAGE.
This is the element that tells me Oddone is guilty of much more than simple self defense.
By elliot (241), sag harbor on Dec 10, 09 10:49 AM
1 member liked this comment
That's why it is clear to me that the time frame that was specified by some witnesses, the shorter time frame, less than a minute, is more accurate. I do not think that if it went on for 2-3 mintues and in that time there was nobody that could have stopped it. I think it is more likely that the window of time was much shorter and that's why the bouncers in the very next room, with open doorways, dodn't even know anything was going on. The ADA had to look closely at the second hand on her watch in ...more
By FOTO (36), Lake Grove on Dec 10, 09 11:06 AM
1 member liked this comment
If it was so simple as that the jury would be back already.
By fix-it-now (216), sag harbor on Dec 10, 09 11:09 AM
And those 3 mintues in the courtroom felt like 5 so I am sure 30 seconds could have felt like 2 minutes to some that night!
By FOTO (36), Lake Grove on Dec 10, 09 11:13 AM
Good point.
By elliot (241), sag harbor on Dec 10, 09 11:16 AM
I ddint hear one witness say it was 30 seconds. U keep skewing the facts.
By HB 4 Life (72), Hampton Bays on Dec 10, 09 11:21 AM
I am not skewing anything. The estimates of time ranged from 15 seconds to 6 minutes. That is some major discrepancy huh?
By FOTO (36), Lake Grove on Dec 10, 09 11:32 AM
True. A discrepancy of such proportions makes all the difference between self defense and manslaughter, No?
I'm sure this point was thoroughly examined in court. At least I HOPE it was.

By elliot (241), sag harbor on Dec 10, 09 12:13 PM
DEFENCE ??? IS THAT THE LARGE WOOD THING SEPERATING YOUR NEIGHBOR'S AND YOUR PIECES OF PROPERTY?
By BCHBUM11968 (81), SOUTHAMPTON on Dec 10, 09 1:36 PM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By maryb123 (84), east hampton on Dec 11, 09 11:14 AM
SOUTHAMPTON PRESS STAFF: Have the deliberations resumed today? Please update.
By HB 4 Life (72), Hampton Bays on Dec 10, 09 11:20 AM
They have indeed resumed this morning as planned, but nothing else to report at the moment.
By Joseph Shaw, Executive Editor (201), Hampton Bays on Dec 10, 09 11:28 AM
1 member liked this comment
Does any one know if the defense asked the ADA's bar room witness' if they were drinking and how much -- if they were, how creditable would the jury think they are ?
By fix-it-now (216), sag harbor on Dec 10, 09 11:25 AM
At any rate the fact that the Jury has taken so much time to deliberate discredits some earlier posts that suggested that the Jury had already made up their mind to convict.
By pstevens (406), Wilmington on Dec 10, 09 12:09 PM
It could still be to convict -- it may now be -- just to what degree.
By fix-it-now (216), sag harbor on Dec 10, 09 12:28 PM
He should be convicted of something. He took a life. After all is said and done, whatever the Jury decides. I would like to here from Mr. Oddone himself. Is he sorry for what he did? Is there an ounce of remorse in his heart. Can he admit that he did something wrong? Someone mentioned in a post on here that, if they had been involved in this situation, that had they been in Mr. Oddone's shoes they would not have left the scene. I agree. If he was just defending himself she should have stuck around ...more
By pstevens (406), Wilmington on Dec 10, 09 12:54 PM
1 member liked this comment
although oddone hasn't said anything, i imagine that as he sits in his cell, waiting for a verdict to be rendered, he must ask himself many times a day why and how he reacted to mr. reister as he did.

i will bet anything he wishes he could relive that fateful moment when his ability to think and reason left him...
By concerned east ender (49), Sag Harbor on Dec 10, 09 8:22 PM
2-3 minutes is an OBVIOUS LIE needed to support a nonexistant case. the trained chimp witnesses couldn't even get it right. just another clear example of the above the law abuse of authority runs through this case. they think they can and do anything they want without accountability. To all the idiots that believe someone was "choked"for 2-3 minutes in the middle of a crowed bar, just stop and look at the floor for 2-3 minutes and imagine the lie. when the dramaqueen stood for 3 minutes, she killed ...more
By username1 (32), bay shore on Dec 10, 09 12:37 PM
1 member liked this comment
Dear Username1,

Do you know for an actual fact the exact amount (2min+) time of the choking was a LIE?

Your friendship with the defendant has certainly overtaken your rationality and.... if it is at all possible, can you please reply without the anger, name calling and personal attacks on the other commentors?
By elliot (241), sag harbor on Dec 10, 09 12:52 PM
Honestly, I don't care if it was 2 - 3 minutes, 1 minute or 30 seconds. Whatever the amount of time, it still resulted in the death of Andrew Reister. For you to say a non-existant case is ridiculous and shallow. I think both families involved would say you are crazy for saying it is a non-existant case. I don't know where you come from or who you are, but try showing a bit of class, if not for the bloggers, but for BOTH families. You are a mockery to this forum.
By SHres (18), Sag Harbor on Dec 10, 09 12:47 PM
Thank you, SHRes,

I, too, am weary of Username1.
By elliot (241), sag harbor on Dec 10, 09 12:54 PM
1 member liked this comment
SHres -- please try to calm down --- this is for open minds -- you should care about the minutes as that establishes any intent.
By fix-it-now (216), sag harbor on Dec 10, 09 12:59 PM
In trying to find intent, yes I care about the seconds/minutes. I do feel that username1 throws this information around without a care in world to the facts, which it seems she knows everyone one out there. We all know username1 is a friend of Anthony Oddone's, but please, do not think he is all together free from guilt of any of this. I'll admit, from what I have read, Mr. Reister made first contact. But to call this an attack that required self-defense, come on. I'm not saying Mr. Oddone intentionally ...more
By SHres (18), Sag Harbor on Dec 10, 09 1:45 PM
Note: A new update just posted above. Jury asked for four charges to be reviewed again late this morning...
By Joseph Shaw, Executive Editor (201), Hampton Bays on Dec 10, 09 1:24 PM
ok, here is a kinder and gentler version. please look at the ground for 3 minutes and tell me if it is believable that you would witness someone "choking" another person for a time period of 3 minutes as the DA's office asserts.
start now and try to watch for 20 seconds, then go a minute, now you are still watching someone choke someone for 90 seconds. keep watching...your halfway through now. here comes 2 minutes. keep watching the "choking" because you may need to testify some day. 2min 15 ...more
By username1 (32), bay shore on Dec 10, 09 1:25 PM
in response to this, user1, wasn't a time line generally estabished by the
DJ?

he always left a song at a certain point, knowing it would spin long enough for him to have a cigarette. this all happened during that time frame.

i could be wrong, but i recall this from one report from the trial.
By concerned east ender (49), Sag Harbor on Dec 10, 09 8:30 PM
Could this be the beginning of the end of deliberations?
By PBR (4862), Southampton on Dec 10, 09 1:26 PM
PS -- above was in reply to Joe Shaw's comment only.
By PBR (4862), Southampton on Dec 10, 09 1:27 PM
Username 1, did I just read that wrong or did you just imply that there was a "kinder and gentler" way to choke someone to death?
By Local Mom (3), Hampton Bays on Dec 10, 09 2:04 PM
Yes, I agree with you that you read that worng -- please lets try to not start up.
By fix-it-now (216), sag harbor on Dec 10, 09 2:17 PM
Have any of you tried to hold a choke for that long? And during a struggle? It's unlikely Mr. Oddone could hold a rear choke for that long, especially with people pulling and kicking him. 2-3 minutes is absurd, the choke didn't even last half that time.
By East End Guy (21), Southampton on Dec 10, 09 2:10 PM
1 member liked this comment
All this talk about how long Mr Odden choked Mr Riester needs to be put into context from a impartial point of view. First off during combat your adrenaline is pumping like crazy, time slows, rational thought is clouded, you are in fight or flight mode. Have a man who outweighs you by 100 lbs falling onto you after pushing you off of a table would put anyone into fight or flight mode. So now we come to the point where Mr. Oddone gained the much larger stronger mans back. Honestly who could actually ...more
By Hand of God (13), moriches on Dec 10, 09 2:16 PM
"But, as it is, we have the wolf by the ear, and we can neither hold him, nor safely let him go. Justice is in one scale, and self-preservation in the other."
- Thomas Jefferson to John Holmes, (discussing slavery and the Missouri question), Monticello, 22 April 1820.

This is not a question of the extension of slavery, but there is a similar dilema
By Publius (358), Westhampton Beach on Dec 10, 09 3:03 PM
hand of god #1 it is defense not defence...defence is somthing in your yard... #2 "a man who outweighs you by 100lbs falling onto you" - where the hell did that comefrom ???
#3 not scared , guilty...and he knew what he was doing and ran cuz he knew what he had done....intentionally.......

wow....
By BCHBUM11968 (81), SOUTHAMPTON on Dec 10, 09 3:19 PM
1 member liked this comment
How do you know he wasn't scared? Are you trying to imply that Mr Oddone was not scared after a man out weighing him by 100 pounds pushed him of of a table and then proceeded to continue to pursue Mr Oddone? Looks like self defence to me. You see after Mr Riester chose to use unreasonable force to remove Mr Oddone from the table why should we believe he did not intend to ground and pound him.

One other point when you have nothing left but to attack another posters spelling/grammar you have ...more
By Hand of God (13), moriches on Dec 10, 09 3:42 PM
3 members liked this comment
perhaps mr. oddone was fearful of what was going to happen to him once he let go...
By slamminsammy (104), East Moriches on Dec 10, 09 3:42 PM
Carotid choke: 12 psi both sides of neck
8 secs blackout
51 sec never regain consciousness
By RemembertheDucks (54), Eastport on Dec 10, 09 3:55 PM
Hand of God,

You are making it difficult for anyone to understand your side. Don't exaggerate the situation. Mr. Reister by all accounts, was 285 with a bunch of equipment on the bed, so he wasn't 285, not near weighing 100 lbs more than Oddone. And pursued Mr. Oddone? Where did you get that? Unreasonable force is debatable, force yes, unreasonable? It's a bar and he's a bouncer, i'm not sure Mr. Reister was unreasonable.

I agree that Oddone was scared and acted the way he ...more
By East End Guy (21), Southampton on Dec 10, 09 3:56 PM
The 100lb difference came from a article on this site. My position is this is a case of 1-5 or a acquittal..

Imagine, when you’re listening to the evidence, imagine being attacked by someone, someone that outweighs you by 100 pounds,” Ms. Kedia said to the jury. “He’s holding on to this guy for dear life, he’s just holding on. Hurting somebody else is the furthest thing from his mind. He’s just a kid out at a bar until an encounter with an overly aggressive bouncer

By Hand of God (13), moriches on Dec 10, 09 6:00 PM
I am wondering why the length of time it took Mr. Oddone to choke Mr. Reister really matters...it's not going change the fact that Tony put Andrew in a choke hold for a long enough period of time to kill him.

And no matter how long it took, there are still two mothers who will not spend Christmas with their sons. The BIG difference though... Mrs. Oddone can visit Tony that day (hopefully @ Rikers!). Sorry, friends of Tony....he needs to accept the consequences of his actions (and so do ...more
By wondering (63), Southampton on Dec 10, 09 4:06 PM
HB is an idiot. I am an X Bouncer. Oddone made the 1st move by telling Reister to "F" off after Reister told him he worked there and asked him to get off the table at which point Oddone refused. Reister made the mistake of confronting this punk solo. Ther should always be a few available when its confrontation time. It was Oddone who provoked the altercation by not following protocol by staying the hell off the tables. Shame on everyone who stood and watched. A jab to Oddones eye with a very ...more
By Vbalchunas (11), Southampton on Dec 10, 09 4:15 PM
1 member liked this comment
You have convinced me. Out of 12 jurors there will be at least one juror who will realize the point you just made and refuse to ever put Mr. Oddone into the hands of correction officers so that they can exact their own personal vengeance.

That leave a choice between mistrial and acquittal.
By Publius (358), Westhampton Beach on Dec 10, 09 4:31 PM
Convinced me too.
By fix-it-now (216), sag harbor on Dec 10, 09 4:40 PM
Mr X Bouncer your attitude is the very reason Mr Riester is no longer with us. If a patron tells a bouncer to F off, that does not give you the right to strike or push them off of a table, that would be unreasonable excessive force and if the patron was hurt they would sue.

It was the public house who created the atmosphere that lead to people dancing on tables int he first place. What its fine for the ladies but not the men? Why wasn't the music stopped and order restored in a safe manor? ...more
By Hand of God (13), moriches on Dec 10, 09 4:48 PM
He fled because he was in fear of his life? Or in fear of being arrested? If he was simply defending himself he should have stuck around...waited outside for the police, so that he could give his side of things. His friends were there to back him up if he was in any danger...they are so loyal I'm sure they wouldn't have let anything happen to their friend. Oh wait they stood there while other patrons tried to pull him off, of his victim. They did nothing to stop him...but they did see the gravity ...more
By pstevens (406), Wilmington on Dec 10, 09 5:16 PM
hand of god. do you really believe mr. oddone fled in fear of his life?
fear of what? of whom?.

he choked mr. reister to death. he choked to death the man who he claims threatened him. his "threat" was lying inert on the floor.

he ran because he was pumped with adrenaline and his friends told him to and, in fear of getting in trouble, he fled. he instructed the cabbie to "keep going" when the police tried to pull it over...

i know mr. oddone must be your friend, ...more
By concerned east ender (49), Sag Harbor on Dec 10, 09 8:43 PM
1 member liked this comment
Yes I do believe it is probable that he fled for fear of being hurt. From whom you ask, well he was just attacked buy a man much larger then himself and bar patrons.

Yes Mr Riester was hurt and that should be addressed fairly by a jury who has no ax to grind either way. This was a 1-5 case but only because Mr. Riester worked in law enforcement has the DA chosen to through the book at Mr. Oddone. Lets be clear Mr Reister served as the officers' benevolent association treasurer for 10 years ...more
By Hand of God (13), moriches on Dec 11, 09 8:18 AM
Vbalchunas Words are not a first move.
By fix-it-now (216), sag harbor on Dec 10, 09 4:25 PM
1 member liked this comment
fix-it

Good point, but for someone with verbal cojones the standards might differ?

Hopefully the jury will render a verdict soon.

Peace on Earth for both families.
By PBR (4862), Southampton on Dec 10, 09 4:40 PM
The length of time matters. If he in fact held the choke for 2 minutes (highly unlikely) that would speak towards intent. If he held it for only 30 seconds, while still negligent, speaks more of subduing an opponent.
By East End Guy (21), Southampton on Dec 10, 09 4:35 PM
2 members liked this comment
The length of time does not matter alone. Whats more important is when was the choke actually sunk in leading to Mr Riester going unconscious and what were other patrons doing to Mr Oddone while he was defending himself. Where other patrons yelling at him and hitting him? Who honestly would be able to think clearly under those circumstances?

Who would be able to think clearly in that position. The time to act clearly would of been not to push a patron off of a table and proceed to pursue ...more
By Hand of God (13), moriches on Dec 10, 09 5:09 PM
1 member liked this comment
PBR AND INS, FIRST OF ALL YOU MUST BE RELATED........PBR YOU SAY REASONABLY FEARED FOR HIS LIFE BECAUSE HE WAS ASKED TO GET OFF A TABLE THEN DECIDED TO PASS A !@#$ YOU, AND DID HE THINK A BOUNCER , OR EMPLOYEE IS GOING TO SAY OH OK, NO PROBLEM, AND FORGET ABOUT THE WHOLE THING....NO HE IS GOING TO TAKE ACTION, LIKE HE DID, EVEN THAT ACTION WOULDNT HAVE ONE FEARING FOR HIS LIFE..... AND INS FOR A BOUNCER TO CALL THE POLICE BECAUSE A MAN REFUSES TO GET OFF A TABLE......JUST ISNT THE WAY THINGS WORK.......THAT ...more
By BCHBUM11968 (81), SOUTHAMPTON on Dec 10, 09 6:11 PM
Multiple screen names? ALL CAP postings and screen names?
By PBR (4862), Southampton on Dec 10, 09 6:55 PM
YOUR version of the "norm" behavior of a bouncer would not apply here, even if you had any clout (you don't) ...because clearly Oddone was unawares of "proper INS bouncer behavior" when he, as a bouncer, cracked a beer bottle over someones head during an altercation.
By maryb123 (84), east hampton on Dec 11, 09 1:07 PM
HONEST ANSWER PLEASE.
SINCE HANUKKAH BEGINS TOMORROW NIGHT WHAT HAPPENS IF A JURY MEMBER CELEBRATES THIS HOLY HOLIDAY ?
By ELECTRICUTIONER (65), east islip/montauk on Dec 10, 09 6:30 PM
Multiple screen names? ALL CAP postings and screen names?
By PBR (4862), Southampton on Dec 10, 09 6:55 PM
Enough with the caps people, it's really annoying. Caps lock is button on the left side of the keyboard if you are looking at it, and says "caps lock". Hit that button and you can type normally. Thank You.
By East End Guy (21), Southampton on Dec 10, 09 6:42 PM
3 members liked this comment
HONEST ANSWER PLEASE.
SINCE HANUKKAH BEGINS TOMORROW NIGHT WHAT HAPPENS IF A JURY MEMBER CELEBRATES THIS HOLY HOLIDAY ?
PBR AND EAST END GUY .GET LIVES.
By ELECTRICUTIONER (65), east islip/montauk on Dec 10, 09 7:07 PM
§ 270.35. Trial jury; discharge of juror; replacement by alternate juror

1. If at any time after the trial jury has been sworn and before the rendition of its verdict, a juror is unable to continue serving by reason of illness or other incapacity, or for any other reason is unavailable for continued service, or the court finds, from facts unknown at the time of the selection of the jury, that a juror is grossly unqualified to serve in the case or has engaged in misconduct of a substantial ...more
By Publius (358), Westhampton Beach on Dec 10, 09 9:17 PM
acquittal tomorrow.
By username1 (32), bay shore on Dec 10, 09 7:13 PM
1 member liked this comment
Yea it must be nice to dream.
By porter (17), shoreham on Dec 10, 09 7:40 PM
The jury has gone home for the evening. Back at it again tomorrow at 9:15.
By SHPDwife (4), South Hampton on Dec 10, 09 7:40 PM
Peace on Earth.

Christmas is two weeks from tomorrow.

Think about it.
By PBR (4862), Southampton on Dec 10, 09 8:14 PM
At the very start of this case I was told by a very, very, well informed person that what the cops are doing in this case is an outrage. People are being intimidated. People are disappearing. We both knew what he was talking about.

You didn't have to convince me of what they are capable of doing - I know all too well.
By THE EQUALIZER (62), JERICHO on Dec 10, 09 9:08 PM
2 members liked this comment
And then on top of it all -- Look at how well the cops are paid with in our townships and villages-- the blue army rules -- stay in line -- and remember that feeling you get when you glance up at your rear view mirror to see a cop car with no lights flashing -- but just uncomfortably close
By fix-it-now (216), sag harbor on Dec 11, 09 7:58 AM
So is it any wonder why there is a over reaction to a death of one of their own even if was caused by his first over reaction -- covering up is a disgrace to all.
By fix-it-now (216), sag harbor on Dec 11, 09 8:17 AM
http://www.martytankleff.org/Gui/Content.aspx?Page=SICReport

The SIC Report should be mandatory reading for all prospective jurors. A link to that report can be found above.
By Publius (358), Westhampton Beach on Dec 11, 09 8:31 AM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By maryb123 (84), east hampton on Dec 11, 09 11:03 AM
People are disappearing? Being intimidated? Tell us more ,Equalizer.
By Montaukette (46), Waterland on Dec 10, 09 10:01 PM
Sure. Two jurors are gone already.

But seriously, the PD is not above intimidation and when a case involves a victim from the law enforcement community the motivation to obtain "justice" increases and does not always stay within bounds. The ends justify the means.

I think you have to concede that Mr. Oddone has been held at Rikers because his safety could not be assured in either Suffolk of Nassau County Correctional Facilities where the deceased was known.

The question ...more
By Publius (358), Westhampton Beach on Dec 11, 09 7:43 AM
Oh, my gosh, how much time do you have? LOL.

Many folks that look in on this stuff don't like 'novels'. They have a point. The idea in getting attentiion is to bang, bang, bang, by making spectacular accusations. You are then confronted with the readers asking for details.

My source was in a position to know. There was a reason why he told me this. It no longer has any bearing on the situation now.

I just read that ADA John Collins joined in the plot. It was Collins ...more
By THE EQUALIZER (62), JERICHO on Dec 11, 09 8:06 AM
2 members liked this comment
Mr. Reister was a corrections officer for 15 years, serving as the officers’ benevolent association treasurer for 10 years before being elected president this past year.

Their is no doubt in my mind that the entire corrections officer union has rallied every member to influence the conviction of Mr Oddone in any way possible. Mr Oddone should of never been tried in Suffolk county.
By Hand of God (13), moriches on Dec 11, 09 8:26 AM
1 member liked this comment
Desperate accusations. You can easily say that the filthy rich people who are bankrolling Oddone have just as much "influence" and money to corrupt the jury/judge/politicians as those of whom Equilizer is relentlessly accusing.... of tainting our very existence, apparently. Give it a rest EQ.
By maryb123 (84), east hampton on Dec 11, 09 12:08 PM
This should of never been tried in Suffolk County. After reading today's update with a juror sending private notes to the judge and the defence attorney asking for a mistrial I wounder if Mr. Oddone has gotten a fair trial.
By Hand of God (13), moriches on Dec 10, 09 11:22 PM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By THE EQUALIZER (62), JERICHO on Dec 11, 09 8:32 AM
earlier, he sits them down individually and interviews them and selects which to replace, OK. Now, a juror does an end around the foreman breaks the rules and slips a note to the "judge" telling him another juror should be removed like the 2 before because they think if Mr. Reister wasnt a CO they wouldnt even be there. the judge does nothing. He doesnt remove the juror who slipped him a note, In fact denied requests to do anything, why? whats next? its a wonder these crooks allowed defense any ...more
By username1 (32), bay shore on Dec 11, 09 8:36 AM
1 member liked this comment
The only reason this guy is not being held in Suffolk county is so Oddone cronies cant cry about improprieties of his incarceration during the trial. Lets not lose sight of the fact that this case has nothing to do with Marty Tankliff or any other conspiracy theory. Oddone killed Andrew and you supporters just want to release him with a slap on the wrist. A life was taken and regardless if it was a member of law enforcement of a homeless guy from Bayshore a substantial jail term is warranted.
By porter (17), shoreham on Dec 11, 09 8:49 AM
Also, in this case, everyone knows who ended the life of Andrew Reister. That Anthony Oddone choked Andrew to death is a fact known by everyone. In the two cases mentioned above, there were no witnesses or a clear cut killer as there is in this case. They are very different situations that can't be compared.
By SHres (18), Sag Harbor on Dec 11, 09 9:21 AM
Well I knew it wouldnt be cut & dry but Im actually surprised its taking this long.
By Sam (252), Westhampton Beach on Dec 11, 09 9:10 AM
PUBLIUS: The 1989 SIC Report should be required reading for all potential jurors in Suffolk County. In the Tankleff trial, Tisch refused to have it offered into evidence. Many of the same players then are some of the same players today.

What is very difficult to understand is these people operate on the premise they have to lie when they don't have to.
By THE EQUALIZER (62), JERICHO on Dec 11, 09 9:23 AM
Why would anyone want to see Oddone get anything less than the maximum consequence for his decision and behaviors. He murdered another human being who was doing his job.. Whether or not Reister did his job well or not, is irrelevent.. You dont murder the saleswoman at MACY's for not doing an excellent job. Oddone chose to get drunk ,chose to get on a table, chose not to get off the table when told to do so, chose to strangle another human being, and chose not to let go, and chose to run away like ...more
By grimag (38), southampton on Dec 11, 09 9:25 AM
The way Reister did his job is relevent, if had done it well, he would be with us today.
By fix-it-now (216), sag harbor on Dec 11, 09 9:39 AM
My God, you people are relentless! I mean all of you! Spewing hatred, name calling, anger, for what? what does it change? The whole thing is a tragedy, that cannot be undone. Constantly disputing the "facts" is not going to change what happened, or effect what is going to happen. If anything, the lesson here is to have more tolerance, more compassion, and less judgement for our fellow human beings, need I go on? What has gone on in these blogs, is this what we want to teach our children? No matter ...more
By teeteeme (11), Water Mill on Dec 11, 09 9:28 AM
1 member liked this comment
LIES AND INTIMIDATION:

I spoke with a former SCPD cop that knows a common friend of mine from out West. We spoke because my friend said it could be interesting. The cop told me that he had certain information about a case that he brought the suspect in to the detectives. They told him to forget he ever heard it. In that case they wanted to make the suspect very drunk. In the Oddone case, they want to make Oddone sober. Whatever works best for them.

That cop refused to 'be ...more
By THE EQUALIZER (62), JERICHO on Dec 11, 09 9:29 AM
I should add that Suffolk Conservative Party leader, Ed Walsh is also a Suffolk Correction Officer. Walsh has helped many pols get cross endorsements when they run for election. Spota, being the most recent. Of course the judges will lke to get the same benefits.

The trial is a joke in that it is being tried in Suffolk County.
By THE EQUALIZER (62), JERICHO on Dec 11, 09 9:45 AM
Grimag,
in order of your allegations,

From testimony at the trial
1. the arresting officer wrote "INTOXICATED" on the arrest report, but then testified he wasn't drunk, that he " made a mistake"....so which is it?
2.Multiple people were dancing on tables much of the evening
3. some witnesses said he was told to get down, then pushed off,
some say he was" aggressively and inappropriately" simply thrown off with no conversation
all agree there was then a "struggle", ...more
By open mind (18), southampton on Dec 11, 09 9:57 AM
JUDGE NOT CALLING A MISTRIAL:

In all fairness to Judge Hinrichs as he appears to be giving the defendant a fair trial. BUT for a Suffolk County judge to call a mistrial in a celebrated case may be even too much for a true honorable member of the profession to do.

FOR EXAMPLE:

In the trial that I have been referring to as my horrible experience with the Suffolk (In)Justice system:

There came a time when th prosecutor ( Merrifield's husband) is badgering the defense ...more
By THE EQUALIZER (62), JERICHO on Dec 11, 09 10:04 AM
refused bail and jailed on a false charge, being beaten by inmates at the direction of the corrections officers at various facilities for a year and a half while serving the most difficult time. that is what this corrupt system has dealt our citizen who is innocent until proven guilty. why? because he defended himself against an aggressive assault from a larger man who had no regard for his rights. he was having a good time dancing. that was his crime. the rest is just a continuing abuse of authority. ...more
By username1 (32), bay shore on Dec 11, 09 10:26 AM
2 members liked this comment
Beaten in jail for over a year and half? If that really happend to Mr. Oddone, it truely is a terrible thing. I'm just wondering why this has not been mentioned before. Not by his attorney, not by anyone besides you that I know of. I suppose Mr. Oddone did not want it brought out in the open,because that would mean more beatings, in retaliation. It seems everyone is to blame for what landed Mr. Oddone in jail except Mr. Oddone himself. Yes Andy pushed him off the table, and I suppose Mr. Oddone ...more
By pstevens (406), Wilmington on Dec 11, 09 11:05 AM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By maryb123 (84), east hampton on Dec 11, 09 11:23 AM
Please do not entertain that idiot's accustions.
By maryb123 (84), east hampton on Dec 11, 09 11:26 AM
false charge? You're smoking something. There might be a LESSER charge here but false charge means he didn't do it - which even his defense attorney isn't saying.
By littleplains (305), olde england on Dec 11, 09 11:30 AM
username1, your thoughts are so biased it is a joke to read them. PBR has asked many times if Reister made the first "physical" contact. I would assume most, if not all, agree to this. But to say Mr. Oddone is not guilty of anything is absurd. Yes, he is your friend. Yes, you support him. But please, if you are going to offer any insight at least acknowledge your friend acted a bit irrational. You state above "an agressive assault". Please, unless you were there, you, nor I, have any clue as to ...more
By SHres (18), Sag Harbor on Dec 11, 09 11:40 AM
1 member liked this comment
If Mr.Oddone is guilty I assure you I do not want to see him acquitted. I don't really know if he is guilty or innocent, or somewhere in between. What I DO know is that for a certainty is that there are criminals present at this trial and most of them are sitting across the way from the defense table.

I would like to see justice done. I just can't feel comfortable that it will happen in Suffolk County.
By THE EQUALIZER (62), JERICHO on Dec 11, 09 10:55 AM
1 member liked this comment
Prove your accusations "equilizer". Either back them up already, or stop with your inane, paranoid accusations. And if you're actually going to try to back up your ridiculous statements, do us all a favor and narrow them down a bit as to how they apply to THIS case. Please feel free to be very very SPECIFIC. Your empty accusations and disdain for all things government/judical system/police are becoming quite the bore without specifics. I dare say you're actually whining. Please, enlighten us.
By maryb123 (84), east hampton on Dec 11, 09 11:11 AM
Just posted an update this morning based on some developments at court. We're still trying to sort through what's happening--more updates to follow when we have a little more information beyond what's posted above.
By Joseph Shaw, Executive Editor (201), Hampton Bays on Dec 11, 09 10:57 AM
It seems to me the tragedy here is that there has been an effort by governmental entities to make sure that justice will be delivered to the defendant and the justice will be harsher because the deceased was a part of the government. This is understandable and maybe even necessary to maintain order. That the deceased was not doing government work when the death occurred should mitigate some of the time that the defendant should do, but because the government has been eager to demonstrate its solidarity ...more
By Scratch (26), Sag Harbor on Dec 11, 09 11:36 AM
1 member liked this comment
What's with the censorship?
By maryb123 (84), east hampton on Dec 11, 09 11:39 AM
Dah.. yes we know Tony put the man in a headlock and held on as the gang kicked punched pulled him and Mr reister as hard as they could. noboby is denying that. the gang inflicted damage as they pulled as hard as they could. are you so stupid that you dont think he has been beaten by his captors? just look at the scars. they are not on that mugg shot the cops took that night. the local inbreds have chosen the us against them attitude in spite of the facts and continue the course of the deaf dumb ...more
By username1 (32), bay shore on Dec 11, 09 12:09 PM
I know he has not been beaten by his "captors". He has no scars from his incarceration, nor his arrest. Your desperation is glaringly obvious via the incessant repetition of your lies. I'm starting to believe that your plight has less to do with your support of Anthony Oddone than it does trying to settle an unknown score with the prison/criminal justice system. Wouldn't surprise me. Yet I digress; you need to educate yourself. Oddone has not been taken "hostage" as your term "captors" would suggest. ...more
By maryb123 (84), east hampton on Dec 11, 09 12:35 PM
1 member liked this comment
maryb123:

username1 is entitled to her opinion. When she refers to the State as captors of Mr. Oddone it may be based, at the very least, upon her opinion that the bail set is excessive, that is routine here in Suffolk County.

In fact, in a recent homicide case a young man was granted bail, he was making his court appearances as required, but because friends visited him at his home on prom night (a violation of a bail condition) the DA got bail revoked, and into jail he went. ...more
By Publius (358), Westhampton Beach on Dec 11, 09 1:07 PM
Publius:

Butt out. Clearly she's not just stating her "opinion". Even if she was, then you'd have to apply the same courtesy to me, and butt out, wouldn't you.

Your tired, incorrect, and long winded interpretations of our laws hold no water with me. It's a shame that there are a few people on here are being mislead and ill "educated" by your senile ramblings. I implore them to dig deeper, for their own benefit, and not take your word. Words. Many many many words.

There ...more
By maryb123 (84), east hampton on Dec 11, 09 1:16 PM
If they were going to aquit him they would have done it by now. Aquittals come much quicker than guilty verdicts. Everyone knows that. Apparently they are just divided as to exactly what to charge him with. If he was gonna walk it wouldnt take this long. So can we just take aquittal off the table please.
By Sam (252), Westhampton Beach on Dec 11, 09 1:23 PM
maryb123,
You seem to know a lot about this case.
I'm surprised to know that you're not aware Oddone was beaten during his short stay at Nassau County jail during opening statements. That's why he was reassigned back to Rikers.

By open mind (18), southampton on Dec 11, 09 1:43 PM
How do you know he was "beaten"? Please do tell. What were the cicumstances? Did his temper get the best of him again? I would love to be enlightened on that loaded accusation, please.
By maryb123 (84), east hampton on Dec 11, 09 2:04 PM
maryb,

Thank you for the best laugh I have had all day -- you giving username advice to help her with her anger.

Priceless!

Seems as if your kind and generous heart could help out Publius too.


Maybe everyone here could calm down a little?

Peace on Earth.
By PBR (4862), Southampton on Dec 11, 09 1:58 PM
No problem PBR! I'm sure you appreciate my comments just as much as everyone appreciates your condescending, insincere declarations for "world peace" and the like at such an "appropriate" time. So while you're pointing fingers yourself, maybe you have a mirror handy? If so, point away friend, point away. ;)
By maryb123 (84), east hampton on Dec 11, 09 2:07 PM
I don't know, I think PBR has calmly stated facts throughout his posts. Because we don't agree or think differently does not make it right to vent our anger towards him. PBR has actually tried, rationally, to try and get some commentary going on how we would communicate if we were the jury and put our personal views aside. PBR has, all along, stated facts and has not really slanted his views one way or the other. When he asked about acknowledging Reister made the first physical contact, he was just ...more
By SHres (18), Sag Harbor on Dec 11, 09 2:16 PM
You're right, you don't know.

Maybe you should read some more of PBR's posts.

Yowza.

By maryb123 (84), east hampton on Dec 11, 09 2:21 PM
Why is it that if someone doesn't come out and say Oddone should fry, you disagree with them. I didn't say Oddone was innocent at all. As a matter of fact I stated he is guilty, of what we just don't know yet. But we do have to follow the facts and not just the garble that is written in these posts. Read my earlier posts. I knew Andrew and it's a tragedy, but I wasn't there and, yes Oddone killed Andrew, but the exact reason why is all up in the air. Should Oddone be guilty, yes. I would guess it ...more
By SHres (18), Sag Harbor on Dec 11, 09 2:27 PM
"Why is it that if someone doesn't come out and say Oddone should fry, you disagree with them."

Not true.

"I didn't say Oddone was innocent at all."

I never said you did.

I disagree with your opinion about PBR. Why don't you relax.

By maryb123 (84), east hampton on Dec 11, 09 6:18 PM
Just to clarify the point (and paraphrasing) the "intent" required is not solely to cause death, but also can be to cause serious physical harm.

Would not a "reasonable man" understand that continuing to choke an unconcious man could cause that serious physical harm? That, I believe, is the reasoning behind the Murder 2 charge.
By VOS (1089), WHB on Dec 11, 09 6:59 PM
I have a question for anyone who wants to answer. Can you have intent for 5 seconds? or 1 min?
By Sam (252), Westhampton Beach on Dec 11, 09 2:39 PM
I think you can for either the 5 secs or 1 min, but I don't think there was intent in this case. As much as Oddone is guilty, I don't think it is for intent. What's your take Sam?
By SHres (18), Sag Harbor on Dec 11, 09 2:57 PM
Basically, yes you can. Intent is your conscious objective. So as far as I understand it, so long as when you do the act it is your conscious objective to have the result, you can have intent. You can then realize that you dont want to have that result. that is called renounciation. But its legally very difficult to undo what you do/intended on doing and started.
By eclipse (7), Dix Hills on Dec 11, 09 2:57 PM
It is time to re-examine the question of bail. The case is in, the jury can't decide, by force of reason it is at the very least a weak case for Murd. 2 or there would be a verdict. Mr. Oddone has been in jail for 1 year and 3 months that would be credited towards any sentence.

Time to assess whether a person who is presumed innocent should continue to be held on this case.

some of the statutory criteria for bail:

(vii) If he is a defendant, the weight of the ...more
By Publius (358), Westhampton Beach on Dec 11, 09 3:05 PM
maryb,

Publius has spoken -- go get him!

"Yowza" indeed.
By PBR (4862), Southampton on Dec 11, 09 3:12 PM
Publius,

Sorry I could not resist the comment above to maryb.

Good point you raise. If there is a conviction here on one of the lesser charges, and the defense files an appeal, should not Mr. Oddone be released on bail pending appeal?

Thanks again for posting the statutes, and your comments.
By PBR (4862), Southampton on Dec 11, 09 3:16 PM
In addition to the ordinary criteria for bail, on an application for bail pending appeal the Court must look to the likelihood of success on appeal. In other words, what is the appealable error?

The longer this goes, however, it looks like a mistrial is in the result coming, and that would not be pending appeal, but rather pending a re-trial of the case and whatever counts remain if a partial verdict had eliminated any counts.
By Publius (358), Westhampton Beach on Dec 11, 09 3:32 PM
Lots of people are sorry you can't resist commenting. You seem to be in love with yourself though. But keep blaming Andrew Reister for his own death, superstar. I'm sure a few aknowledgements on an internet message board is worth it, eh?
By maryb123 (84), east hampton on Dec 11, 09 6:29 PM
maryb,
Not an accusation-a fact-check for yourself.
That's why he went back to Rikers, and the reason his attorney is granted extra time in Riverhead to meet with him.
By open mind (18), southampton on Dec 11, 09 3:46 PM
His attorney is granted extra time in Riverhead because she said it is a hassle to go to Rikers. She was quoted as saying that in court. As far as your claim about Nassau, it is your statement to prove, especially if you post it so carelessly. I will not research it for you, as I have read each up on this case exensively already. If you'd like to site the place where you read it, I'd be happy to read. If not, please don't spread ugly rumors. It's bad enough the victim is being blamed here withut ...more
By maryb123 (84), east hampton on Dec 11, 09 6:27 PM
§ 310.70. Rendition of partial verdict and effect thereof

1. If a deliberating jury declares that it has reached a verdict with respect to one or more but not all of the offenses submitted to it, or with respect to one or more but not all of the defendants, the court must proceed as follows:

(a) If the possibility of ultimate agreement with respect to the other submitted offenses or defendants is so small and the circumstances are such that if they were the only matters under ...more
By Publius (358), Westhampton Beach on Dec 11, 09 3:55 PM
New article.

Possible hung jury.
By PBR (4862), Southampton on Dec 11, 09 6:05 PM
maryb,
I'm not blaming Mr. Reister or anyone else.
I'm telling you what happened at Nassau. I didn't read it anywhere.
If you're basing your thoughts solely on what you've read, well no wonder you're not aware. The Press has done an excellent job on this in the last week and a half, but were woefully misinformed before that, as their information came from their limited time at the trial and before that from the prosecution.
that's why we let juries decide, not the press, who is guilty ...more
By open mind (18), southampton on Dec 11, 09 6:50 PM
Seriously, learn how to read. I didn't say YOU blamed Reister.

You say Oddone was beaten by corrections officers in Nassau, and now I'm calling you a liar. Prove it. You can't. If you could have, you would have cited your source by now. Enough already.
By maryb123 (84), east hampton on Dec 11, 09 7:22 PM
maryb,
let's agree to disagree.
.
my prayers are with both families-and the jurors at this point.
By open mind (18), southampton on Dec 11, 09 7:31 PM
If only Anthony had obeyed staff orders and gotten off the table~~
By Disgusted (45), Sag Harbor on Dec 11, 09 9:23 PM
Oddone's supporters are so concerned about the fact that Andrew may have ...note, I say may have...put his hands on Oddone to get him off the table. This was after many attempts of telling him to get down and then getting cursed at.

Well what do they have to say about the fact that Oddone put his hands on Andrew and choked him to death??? Oddone choked Andrew to death. I would say that Andrew was the one that was threatened, not Oddone.

By Disgusted (45), Sag Harbor on Dec 11, 09 9:31 PM
MaryB123 – You sure seem to know a lot about a lot of things. I have more than 40 years in the investigative business. My experiences with SCPD go way back more than 30 years ago.

If you read most of the posts carefully you might come to the conclusion that most of those you criticize really only have a lean towards a lesser charge than Oddone is being prosecuted for. They seem to have more problems with the prosecution over-charging than anything else.

I think that very few ...more
By THE EQUALIZER (62), JERICHO on Dec 11, 09 9:48 PM
It's very clear that you have an axe to grind with the DA's office and maybe the police. Maybe someone there, at some time, did something you deem unfair; maybe a judge or jury belteved them and not you. Maybe those actions or decisions caused you some personal difficulty. That may be relevant to you, but not to this case. You need to lay your prejudices aside and look at this case objectively and singularly.

Certainly the actions of Oddone could be construed to be consistent with any ...more
By VOS (1089), WHB on Dec 11, 09 10:28 PM
CONSISTENT PATTERNS OF MISBEHAVIOR:

In the Tankeff Case the detective supervisor, Det/Sgt Robert Doyle is now being sued by Tankleff for wrongful imprisonment when the lies were manufactured by his team to convict Tankleff of murdering his parents. But I suppose you are of a mind that Tankleff is guilty.

Fourteen years later Sgt.Doyle’s detectives would have a criminal testify that my defendant participated in the armed robbery of the Strathmore Bagel Company on 7/25/00. The informant ...more
By THE EQUALIZER (62), JERICHO on Dec 11, 09 10:11 PM
The reason why the informant came to the attention of the police, and then, the district attorney is that the police had their own informant was giving the detectives information of serious crimes of the informant that testified at the trial. The police informant was brought to the district attorney’s office on 9/03/03, and three weeks to the day the informant was found murdered in Ronkonkoma with a single shot to the head. Three weeks after the police informant gave information to the police and ...more
By THE EQUALIZER (62), JERICHO on Dec 11, 09 10:11 PM
Wondering here ~~ has Anthony had any prior convictions?
By Disgusted (45), Sag Harbor on Dec 12, 09 8:25 AM
As I have said before - MY situation and the cases of the many before and since have EVERYTHING to do with THIS case of Oddone/Reister. It goes to the heart of systemic corruption in Suffolk County.

In 1989, SIC Comm., now federal judge David Trager said that unless the criminal justice system is fixed in Suffolk County the entire criminal JS will be infected. Take those words to the bank.

Those 'false' charges mentioned with the semantics of the word can be considered FALSE ...more
By THE EQUALIZER (62), JERICHO on Dec 12, 09 9:50 AM
Yes, MaryB, the AX I have to grind can be seen in Paul Bunyon's hands. The 'tree' is down and there is not much I can do to change that. But I can do my part to expose the true criminals in Suffolk County for what they have done and will do if they aren't stopped.

It is refreshing to know that Anthony Oddone had the good sense to hire on Ms.Kedia. It is refreshing to know that Ms.Kedia will NOT be intimidated by the corruption in Suffolk County. I applaud her committment to justice for ...more
By THE EQUALIZER (62), JERICHO on Dec 12, 09 10:24 AM
You say Anthony Oddone has good sense?? -- I don't think so~ If he did, he wouldn't be in this situation!
By Disgusted (45), Sag Harbor on Dec 12, 09 10:52 AM
I don't really care about your selfish ax to grind, Eq. This case isn't about you. It's about justice for a dead man and his loved ones.

Don't think I read any of your whiny crap either- I honestly don't care about you.
By maryb123 (84), east hampton on Dec 12, 09 12:12 PM
maryb,

"It's about justice for a dead man and his loved ones." ????

And justice for Mr. Oddone? Or has justice been banned for him by royal decree?

I can't imagine what your reaction might be to an Acquittal on all charges!
By PBR (4862), Southampton on Dec 13, 09 1:42 PM
Can I assume you don't read much about the Oddone case either? You seem to have a strong opinion about my 'whiney crap' that you don't read.

I believe the vast majority on the Board want justice for all concerned.

My comments about my case are only made to show the readers that the Suffolk DA, and some of the detectives have no credibility, or enough for a jury to take their word and send a person to jail.
By THE EQUALIZER (62), JERICHO on Dec 12, 09 1:23 PM
The last line of the Pledge of Allegiance: " ....And justice for ALL " not just the Reister family.

It means Justice for:

Andrew Reister
His family
Anthony Oddone
His family.
The entire community.

If that means Oddone is convicted of 2nd Degree Murder, then so be it. If it means he is acquitted, then so be it.

All that one is looking for is justice. And that is a commodity sorely in short supply in Suffolk County.
By THE EQUALIZER (62), JERICHO on Dec 12, 09 2:29 PM
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http://www.nypost.com/p/news/local/manhattan/regretful_judge_frees_victim_of_HEyzcvrHRuKVHnZKZ4HDVO

Maybe MaryB should read the attached story before engaging mouth with her biased opinions.

Those 'whiny' posts I have made that seem to trouble you were entered to give the readers that care to learn something another perspective of what goes on behind the scenes in a Suffolk County 'criminal investigatioin'.

I added the above story because I recently was engaged in another ...more
By THE EQUALIZER (62), JERICHO on Dec 13, 09 9:13 AM
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EQUALIZER,
Thanks for putting it out there.
As you have seen some here have a limited vision. Small close-kit communities have certain advantages benefiting the group, but it is the narrow mindedness of such people that can help to allow for a DA & cops to do as they please.
By fix-it-now (216), sag harbor on Dec 13, 09 11:33 AM
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EXACTLY!!!

By THE EQUALIZER (62), JERICHO on Dec 13, 09 5:49 PM
The general rule of thumb in cases such as this one is that the winner goes to jail and the loser goes to the hospital. It doesn't matter if the loser started it. That is not to suggest Andrew Reister started it. What I am saying is that the cops and DA just don't care. The fact that Andrew was a correction officer and the Suffolk Conservative Party leader is also a correction officer, then it is a no brainer - Oddone goes for it and he goes for as much as the DA and cops can get away with. That ...more
By THE EQUALIZER (62), JERICHO on Dec 14, 09 12:02 AM
Or...politics has absolutely nothing to do with this. A guy gets out of hand, disregards requests to stop certain behavior, goes nuts and somebody dies, is charged with crimes, and a jury decides his fate. Or maybe it's all just politics.
By VOS (1089), WHB on Dec 14, 09 12:11 AM
In this particular case it is really ALL about politics. Doesn't matter if Oddone is stone cold guilty or innocent. POLITICS rules the day.
By THE EQUALIZER (62), JERICHO on Dec 14, 09 9:48 AM
NO...it is NOT all about politics. It is about a man being killed.

Whatever problems YOU have had with the criminal justice system have warped your sense of values. This is not about you, not about politics, it is about a man's death and it is supremely selfish of you to continue to think otherwise.
By VOS (1089), WHB on Dec 14, 09 1:42 PM
Here's my take on this:
Young guy from up the island gets job working with some of the wealthiest men in the Northeast, watching millionaires drive up to a chic new exclusive golf club in their Maseratis and Range Rovers.
Young guy wishes he led that lifestyle.
Young guy partys in Southampton, feels great, has fun, has some cocktails, and can party like a true Hamptonite.
Young guy begins to actually take on the arrogant "I'm better than you" attitude which is prevelant in the Hamptons, ...more
By BeachMuse (8), Southampton on Dec 14, 09 12:25 PM
Is there anywhere in any of my postings that I put the blame on Andrew Reister? Is there anything that you see that I have formed a conclusive opinion as to the guilt or innocence of Oddone?

Have you read anything about my criticizing Andrew Reister for whatever actions he took that night? Have I said that Oddone dancing on the table did not contribute to the death of Andrew?

You are assuming things still in dispute:

Andrew 'humbly' asked him to get off the table.
Oddone ...more
By THE EQUALIZER (62), JERICHO on Dec 14, 09 2:46 PM
I wouldn't say Murder.
In my humble opinion, those who revert into momentary lapses of pathological rage, accentuated by adrenalin, alcohol or drugs, don't necessarily intend on ending the life of the victim. I believe they are in altered state, and raw primitive instinct takes over.
Murder is the planned death of another person.
This case seems more like 1st degree manslaughter.
HOWEVER...
"Unlawful killings without malice or intent are considered manslaughter"

Choking ...more
By BeachMuse (8), Southampton on Dec 14, 09 4:46 PM
BeachMuse,

I would say that you are in the factual ballpark with which the jury is now struggling. The lesser charge based on recklessness (?) is also on the table IMO.

Your two posts delve deeper into the inner-most workings of Mr. Oddone's mind at the very moment of intense struggle, and they are IMO a good example of what the jury has been struggling with. In contrast most posters here have not taken the time to examine this crucial moment as deeply as you.

Nothing ...more
By PBR (4862), Southampton on Dec 14, 09 5:06 PM
Verdict reached. See new article.
By PBR (4862), Southampton on Dec 14, 09 5:19 PM
At least this jury seems to have taken their oath seriously and did give great thought to the evidence presented. I thought it was a bit less than a manslaughter.
By THE EQUALIZER (62), JERICHO on Dec 14, 09 5:48 PM
Unfortunately 'and justice for all' did not ring true today. A man was found guilty of 1st degree manslaughter for defending himself against a 285 lbs 6'4" mountain of a man.

Juror #2, a 45-55 year old burned out looking tomato appeared to rule the jury. had she sat any closer to the forman she would have been in his pocket or perhaps on his lap. she lrepeatedly lied to the judge and divulged confidential information to the alternate jurors. She should have been removed as soon as the ...more
By shamrock (22), brooklyn on Dec 14, 09 9:44 PM
Shamrock, how did this woman get on the jury? It had been mentioned by the judge that her going to work for SCPD was known during the jury selection process. Do you know any more of that?
By THE EQUALIZER (62), JERICHO on Dec 15, 09 9:47 AM
Simply judging from Juror #2's own words I have to believe her mind was made up even before the trial began.

Looking over at Mrs.Reister so you 'could keep your eye on the ball' ? By that do you mean to convict Oddone?

Thanks for proving what I have been saying for a long time now: Suffolk juries are just plain dumb and kool aid drinkers. That is NOT to say I believe the vote was correct or wrong. I am saying is that he never got a fair trial because of the likes of people like ...more
By THE EQUALIZER (62), JERICHO on Dec 16, 09 9:49 AM
I was just wondering if Juror 2 believes it is the duty of a jury to hear the evidence and come to a verdict is a dispassionate manner. Why would any juror find it necessary to look at the family to 'keep their eye on the ball?"

I wonder if you thought having correction officers in uniform present in the courtroom until Ms.Kedia had them removed from coming in uniform was proper?

I wonder how you feel if the prosecution resorted to intimidation and implied threats when they saw ...more
By THE EQUALIZER (62), JERICHO on Dec 16, 09 4:40 PM
You say "I wonder how you feel if the prosecution resorted to intimidation and implied threats when they saw spectators in the audience that would know that the prosecution was lying to have them not return to the courtroom and learn for themselves how the administration of justice is conducted in Suffolk County.

Sorry, #2 it may well be that Mr.Oddone was even guilty of murder (I don't think so) but what is the prosecution hiding by having observors that know the facts being removed from ...more
By AnonymousSgh (183), Sag Harbor on Dec 16, 09 10:29 PM
The first two paragraphs are from Equalizer...
By AnonymousSgh (183), Sag Harbor on Dec 16, 09 10:32 PM
Oddone turns around and mouths the words to Mrs.Reister: "I'm sorry." Mrs. Reister mouths the words: "You should be." Some try to infer something - whatever, about this. And you say I am the conspiracy theorist.
By THE EQUALIZER (62), JERICHO on Dec 17, 09 7:47 AM
In the case I am referring to - three off duty police officers came into the court to 'see for themselves' if their former co-worker was guilty of the crimes charged. One spoke for all when he said, "We hope he didn't do this; we came to see for ourselves,"

these officers had previously been poisoned with propaganda that their friend was guilty. The liars would say they had video tapes of their friend committing the crimes. They had him on wiretaps, and they could prove he stole a police ...more
By THE EQUALIZER (62), JERICHO on Dec 17, 09 9:30 AM
Are you referring to the Monte case.
By East End Guy (21), Southampton on Dec 19, 09 10:16 AM
Yes
By THE EQUALIZER (62), JERICHO on Dec 20, 09 12:09 AM
Any poster that would put the picture of President Obama on a website and title it : DOPE is nothing but a dope themselves.

I didn't vote for Obama, nor would I vote for him if there was a credible opponent. that would run against him. Call him anything you like, but one thing I do know Obama is not a DOPE.

It shows where your head is/was on the Oddone case - up your A--
By THE EQUALIZER (62), JERICHO on Dec 17, 09 2:13 PM
UPDATE ON DNA EXONERATIONS - ONLY THE TIP OF THE ICEBERG

I poated earlier that there were about 220 such exonerations. Recent update puts it at 247. 247x12 jurors = 2942 dopes voting for conviction when the real victim - the exonerated one was convicted. That is a lot of dopes.

I wonder how many of those cases Juror #2 and MaryB 123 sat on - could be the whole 247 if they traveled around the country.
By THE EQUALIZER (62), JERICHO on Dec 17, 09 3:04 PM
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By THE EQUALIZER (62), JERICHO on Dec 18, 09 3:58 PM
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