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Oddone guilty of first-degree manslaughter, jury announces Monday

Thank you Michael for being constantly on top of this. Well done." Dec 14, 09 5:22 PM

Deliberations in Oddone trial resume Monday with testimony reread to jury

Press scoops Newsday. Well done." Dec 14, 09 5:26 PM

U.S. Representive Tim Bishop details new initiatives

Thank you Tim for focusing on the helicopter noise issue. Well done. Now for some action by the FAA and local governments.

In particular IMO, the incoming East Hampton Town Board should re-evaluate the propriety of giving up local control of the East Hampton airport to the FAA." Dec 14, 09 5:41 PM

Oddone guilty of first-degree manslaughter, jury announces Monday

Justice is served by the jury verdict. All other possible verdicts were always on the table, and a "slam-dunk" conviction or acquittal was never certain.

The jury has spoken. Its decision is Justice in action.

The wildly emotional positions taken here are only that.

Peace on Earth." Dec 14, 09 6:25 PM

Thank you to the jury for their diligence and thoroughness." Dec 14, 09 6:34 PM

Sam,

The term "murderer" is generally used as a legal conclusion, which the jury rejected here.

mcy957 used the term "killer" which is not a legal conclusion. Perhaps this fits the bill?" Dec 14, 09 7:05 PM

username1,

Just curious, do you feel that your comment is really in the spirit of forgiveness and compassion for the Holidays?

Peace on Earth." Dec 14, 09 7:53 PM

"Peace on Earth" to you too!" Dec 14, 09 7:57 PM

Juror 2,

Has it occurred to you that your comment may be the basis for a successful appeal? How was the hesitant juror "forced" to agree to the verdict?

Loose lips sink ships?" Dec 14, 09 9:42 PM

Juror 2,

Thank you for your service on the jury and dedication to Justice for all.

Thank you for your posts clarifying how the hesitant juror (#3) “was forced to answer the questions of the other jurors and finally faced the truth.” Yes, you are correct, in my summary of this, I took a shortcut to say that she was forced to accept the MS verdict, and that was not literally correct. (And thanks to itsamazing for clarifying this also.)

So I apologize for taking a hasty shortcut, however, IMO if you “force” a person to accept facts which NECESSARILY lead to a legal conclusion of Manslaughter, you have in effect “forced” the verdict. That is how I meant it.

The real question is – how voluntary was Juror #3’s acceptance of these facts? Or, what was the climate like in the jury room during that final session? Was it, Juror 2, as calm, productive and rational as you make it out to be? You have reported on that final couple of hours as YOU remember them, but I would be curious to know how Juror #3 would characterize being “forced” to accept certain facts.

My main concern, however, has more to do with the tone of your original post from 9:13 PM on 9/14, which is the context for YOUR use of the word “forced.”

Note these phrases:

“last-ditch effort by this weak defense at a mistrial.”

“I couldn't take it anymore”

“she already spearheaded the demise of the first two jurors - I was next. Fortunately, the judge didn't fall for it.”

“So to Ms. Kedia, Juror #3, and Alternate Juror (who carpooled with Juror #3) - KISS MY &^%!!”


These are all direct quotes (copy and paste) from your comment. The last one is a real kicker of attitude, would you not say?

Do these statements of yours sound as if they come from a person who was productively and calmly discussing the facts with Juror #3? Hardly IMO! They suggest that your use of the word “forced” meant exactly what every reasonable person would take it to mean. That you may have forced acceptance of facts, as opposed to a verdict, is of little import if Juror #3 did not freely accept them, and if those facts necessarily lead to a conviction of Manslaughter.


I would guess that you and Juror #3 may have an opportunity to give your respective versions of things under oath at some point, to include all possible instances of juror misconduct including improper communication with the judge. A defense request for an evidentiary hearing on these issues would not be out of the question IMO.


A couple of other points -- way above you take the ad hominem attack mode, and accuse me of being a friend of defense counsel, or a defense attorney. Neither is the case. Why after a day here in this forum, you have to attack the messenger makes one wonder once again how you really meant “forced.” Let’s stick to a discussion of the issues, not one’s friendships, profession, or which “side” one is on here, OK? This tragic event affected lots of lives unfortunately.

Also, in a previous reply about whether you had read anything about this case before being on the jury, and you said in reply to the commentator “open mind,” “I read NOTHING before the case and it killed me.”

If you did not know you were going to be on a jury, how could you have had the foresight NOT to read about this case during the entire year before the trial? You probably did not mean this, but a clarification would be appreciated, especially about how much you read about the event at the Publick House right after it happened, and when you STOPPED reading the news after you were on the jury.

When you swore under oath that you had no pre-conceptions about guilt or innocence, were you being 100% truthful?

100%?

Thanks again for your posts, and your dedication to Justice being served.

Peace on Earth for All.

" Dec 15, 09 5:51 PM

maryb123,

At 6:25 last night, posted these comments:

"Justice is served by the jury verdict. ...... The jury has spoken. Its decision is Justice in action."
______________________________________________________

In many other comments here, I always said that whatever happened after Mr. Reister made the first physical move was open to factual and legal discussion.

I also suggested that "killer" might be an appropriate term to use, rather than "murderer." Do you recall this?

You say I am biased. Please explain the factual basis for your comment.

Was there anything unclear about the questions I asked of Juror 2? If not, she is free to post her reply -- or not.

I am "over it," are you?" Dec 15, 09 9:54 PM

I assume my post was deleted because it contained a link to yesterday's Newsday article in which Juror #3 is quoted as confirming Juror 2's comments about the final hours of jury deliberation before the MS verdict.

maryb referred to this above also.

About the tough questions I asked of Juror 2 -- they HAD to be asked IMO, and now they have been answered more or less. Even the appearance of impropriety in the jury deliberations bears further discussion. This is our right, indeed our duty, as citizens in a free society." Dec 16, 09 9:58 AM

I just bought the Press. Great new article Michael -- sorry Juror 2 was not willing to talk with you. If you could interview Juror #3 (Ms. Oka, according to another publication) at some point, that would be a great follow-up piece IMO. Keep calling Juror 2 too. She was so outspoken here (nice of you NOT to quote her "eloquent" statement about Juror #3). Why the silence now?

There is nothing like holding the real paper in one's hands, the smell of the ink, the larger type and graphics, compared to this site. 27east is a fine site, and so is the Press. Different functions IMO. Letters to the Editor, the classifieds, legal advertisements, easy navigation to old familiar sections and layouts, etc. -- all well worth the price of the hard copy bright and early Thursday mornings.

Michael, I hope you are going to take some well-deserved time off (with extra pay!) during the holidays. You really did a yeoman's job with the Oddone trial.

Have a good weekend.

PS -- Hopefully this site will post the full article here in the next couple of days. I am happy to pay a buck for the real thing on Thursdays. Some people apparently don't realize that "you get what you pay for!"" Dec 17, 09 10:36 AM

EQUALIZER,

The decision for Mr. Oddone not to testify would have been made by his defense attorney and Mr. Oddone, and would not be reviewable on appeal, unless a new appellate attorney uses as one basis for appeal, "Ineffective Assistance of Counsel," which I would doubt very much would apply here.

Juror Misconduct may be another more fruitful avenue for appeal, or for evidentiary hearings in the near future IMO." Dec 17, 09 2:47 PM

Peace on Earth for All" Dec 17, 09 8:51 PM

East End still digging out after record snow

Yo !!!

Peace on Earth begins with your next comment, folks." Dec 20, 09 2:04 PM

Blizzard snarls life on the East End

The hardest hit roads (Scuttlehole Rd. in Water Mill and Bridgehampton for instance) did NOT have snow fencing put in the fields this year, or in the last few years as I recall.

It may be time to re-consider whether the cost savings of NOT doing the fencing is a real savings, or in the case of this year, an illusion. Add up the overtime pay for plowing so much (plus payloaders having to be used in many places), and I bet the excessive costs would pay for a couple of years of putting the fencing up and taking it down in the spring.

Penny-wise and pound-foolish Town budgets may be to blame also. Additional capital expenditures and hiring may be necessary. With tax revenues down, the pinch may continue IMO.

Peace on Earth!" Dec 24, 09 10:37 AM

Thank you NorthSeaNative for the informative post, and thank you to the Highway Dept. for clearing the roads within the limits of their human endurance, manpower staffing, and equipment limitations. Well done!

If the wood in the snow fences was causing bacterial/disease problems for the farmers, then perhaps we should switch to a different material, because the fencing to the north of the problem roads sure did alleviate the drifting IMO.

Perhaps the new Town Board under the leadership of Ana Throne-Holst can implement measures supportive of the Highway Department.

Peace on Earth." Dec 26, 09 3:52 PM

INS,

I agree that the results were bad, but simply making a blanket accusation of failure does not get us started in the right direction for finding a solution and better results the next time.

It would appear that the highway department needs more/better equipment, and probably more personnel (maybe temporary help in addition to the subcontractors?) to handle the next comparable storm. This solution must of necessity be a political one, and I assume the new administration will take office in the middle of a blizzard of complaints! Finding the funds for a complete solution may be difficult, given the state of the Town budget.

What would your constructive suggestions be for a better result the next time?

What type of snow fencing would work, without creating bacterial problems for the farmers?" Dec 28, 09 7:31 AM

Southampton Town Board delays reorganization meeting

Whoa, this is a pretty inauspicious start to the new administration.

Wasn't the 1/5/10 1 PM meeting on the town calendar for a while?

Who is out of town, and can't make it tomorrow? Are we paying people to miss very important organizational meetings because of a personal scheduling conflict? What's up?

The press release mentioned above is not on the Town site yet. Wonder if it gives any reason for this SNAFU?

Come on Anna, grab the reins!" Jan 4, 10 2:53 PM

mammadukes,

My comment was not at all directed at Anna. I assume she is fully ready to meet tomorrow.

Rather, I am wondering who else is unable to attend tomorrow? Could this (sudden unavailability) be the first shot across the bow by the anti-ATH crowd?

I fully support Anna Throne-Holst and her efforts to change the course of the ship of state of Southampton Town.

highhatsize makes a good point in general IMO, as the recent record (regarding the Town Board recognizing that they work for US) leaves something to be desired.

I challenge all Town Board members to post on this site (or release their own press releases) explaining why they can't make tomorrow's meeting.

Happy New Year!" Jan 4, 10 7:50 PM

PS -- still no press releases on this on the Town site.

http://www.town.southampton.ny.us/agendas_and_psas.ihtml


How is the public to be informed when a meeting is changed, if press releases are not posted immediately?

Editor -- could you please post the text of the press release postponing the meeting?

Take the reins, Anna!" Jan 4, 10 8:03 PM

The next Town Board meeting listed is for 1 PM on Tuesday 1/12, not this Friday per the article above.

http://www.town.southampton.ny.us/calendar.ihtml#:caltarg

The meeting for today has been removed from the calendar. No press release on Town site." Jan 5, 10 10:28 AM

Thanks Brendan for the press release. Note that this was issued by ATH on 12/28/09 before she was officially sworn in, a proactive and thoughtful move to give everyone notice.

Now is the time for the Town to issue its own official press release on its website, AND to add the Friday 1/7/10 meeting to the Town Calendar." Jan 5, 10 5:15 PM

Whoops, Friday is 1/8/10." Jan 5, 10 5:17 PM

The PDF press release by ATH was issued on 12/28/09.

Which member(s) of the Town Board knew, over one week in advance (therefore not weather related), that he or she could not make the organizational meeting scheduled for 1 PM today?

Please identify yourself and post your reasons for delaying the organizational meeting to Friday 1/8 or Tuesday 1/12, whichever it is. Please issue official press release on the town site, and update the meeting calendar and Board agenda at your earliest convenience.

Thank you, and Happy New Year, I guess." Jan 5, 10 6:31 PM

East Hampton Town harbormaster arrested for marijuana possession

An anonymous tip again? Crime Stoppers hotline? What are the mechanics of this? Is it simply a voicemail recording which says, in essence, go pull this vehicle over? Does the caller have to ID him or her self? Does anyone call this informant back to check the information?

Did the PD have a warrant to stop and search this vehicle?

If they did not have a warrant, what "exigent circumstances" justified a warrantless search? Once they had pulled the vehicle over (and had it under physical control), did they apply for a warrant to search?

Did they permit a Judge to assess the informant's background and information for its accuracy and veracity, in order to issue a warrant?

If not, why not?

The Constitution is ours to protect us, or not, depending on our insistence that the police department follows the rules about reasonable searches and seizures.

The basic rule? No warrant -- no search. Period.

The terrible tragedy which occurred on September 11th, 2001 did not give the police license to trample on the Constitution based on fear and anger." Jan 5, 10 7:54 PM

Southampton Town Board delays reorganization meeting

The Town calendar has been updated to show the Friday organizational meeting at 10 AM and a work session at 1 PM.

It will be interesting in my opinion to find out the details of all this shuffling about. Perhaps tomorrow's Press will provide some insight.

Are there any legal requirements for the notice which must be given for a Town Board meeting, in order for that meeting to have legal validity? Is two days notice (without a press release on the Town site) proper notice to inform the public of business to be conducted?

The Agenda page on the town site does not have an agenda posted yet for either of Friday's meetings." Jan 6, 10 4:01 PM

Still no agendas posted for tomorrow's meetings.

Come on Anna, grab the reins!" Jan 7, 10 7:53 AM

Work session agenda has been posted, and times posted on the home page calendar area at top right.

http://www.southamptontownny.gov/index.ihtml
" Jan 7, 10 3:38 PM

East Hampton Town harbormaster arrested for marijuana possession

HHS, Bayman1, and Bilge Water,

Thank you for your comments above.

I would like to limit this response to a narrow legal issue or two per my 1/5 comment and your subsequent replies. The broader issues (his Ex [pun intended], should MJ be legal, and all subsidiary issues, etc.) are still on the table IMO.

What really bothers me here is that some anonymous person, apparently in Florida, seems to have called the CrimeStoppers hotline and, in effect, ORDERED the EHPD to set up a roadblock! The end justifies the means?

The specificity of the information only indicates that the informant knew the victim. No more.

The real questions are -- did the PD ask for a warrant, once they had the vehicle under physical control? Did the judge corroborate INDEPENDENTLY the informant's information? If not, why not?

Did the victim REALLY consent to the search under the circumstances? Did the PD tape record the conversation of consent? If not, why not? How voluntary was the consent?

Is this what our Constitution permits? No way IMO. If anyone thinks that an anonymous phone tip is "reasonable suspicion" or "probable cause," please post your vehicle license plate number, your general description, where you are driving, your destination and ETA, etc., and then please give any person in the USA permission to call CrimeStoppers anonymously to set up a road block.

Can you imagine doing this?

No, you cannot.

The fact that the victim here may have had contraband in his vehicle does not justify sloppy police and judicial (if the courts were even given a chance to be involved!) work.

Our rights are slipping down the drain, and no one seems to care.

Wait until this kind of BS happens to you, then you might understand?

Peace on Earth!" Jan 11, 10 5:02 PM

PS -- Please click on "more" link under comment above to view previous post. Why 27east has chosen to shorten the comments viewable on-screen is not clear." Jan 11, 10 5:33 PM

Hey Bayman1,

Post the information requested, and give us all permission to make the anonymous call to have a roadblock set up for you!

This is not a TV show for Mr. Bousson, at this point, and it is likely IMO that his Constitutional rights were violated.

Again, post your personal information and permission for anyone in the country to make the call to CrimeStoppers.

If you are unwilling to do this, please explain why." Jan 12, 10 1:30 PM

East Hampton harbormaster resigns after marijuana arrest

Chief Sarris says "probable cause?"

"Reasonable suspicion" to STOP the vehicle based solely on an anonymous phone call? Maybe.

"Consent" to search? Not voluntary IMO. Did the police record the conversation of "consent" and if not why not?

"Probable Cause" to search vehicle without consent, based solely on an anonymous call? No way IMO. The specificity of the information concerned basic info. about the driver and vehicle. If this is probable cause because it was specific, then throw the Constitution out the window.

If Mr. Bousson wants to fight this, I doubt if the search will stand up in court. Of COURSE the PD chief will say it was legal!" Jan 13, 10 12:43 PM

Trustees reject mayor's attempt to add seven resolutions after walk-out in Westhampton Beach

Ditto -- publishing a PDF here would be a good move IMO for this site and the Press, and would benefit the public immensely. " Jan 14, 10 12:46 PM

East Hampton harbormaster resigns after marijuana arrest

Bayman1,

I disagree on the procedural search and seizure issues -- a very questionable search IMO (based on the facts we know at least). With a fully vested pension, why stick around to slug it out with myopic bureaucrats whose egos are on the line?

The harm done to The Constitution's protections against unreasonable searches and seizures since 9/11 is sad indeed, especially given that those in charge of protecting our rights ARE the ones doing the damage. Very short-term nearsighted vision IMO.

All they had to do was hold the vehicle and get a warrant. Real simple. Real quick. If anything, the failure to do this suggests that the PD KNEW they would NOT be able to get a warrant!

Sad indeed." Jan 14, 10 1:00 PM

Lt. William Hughes named Republican nominee for vacant Southampton Town Board seat

Is it normal to put the rank of a police officer in the headline for an article not related to his or her police duties?

Maybe for an active duty military officer, but ???" Jan 14, 10 7:19 PM

Former Southampton Supervisor Linda Kabot writes to state comptroller about maladministration

Please remove these two mugs from the top of the news page!" Jan 18, 10 6:16 PM

Southampton councilwoman accuses supervisor of trying to 'control' her

So -- it was Ms. Graboski who could not make the organizational meeting scheduled for Tuesday 1/5/10, and Ms. Throne-Holst knew this on 12/28/09 when she sent out the press release posted with another article?" Jan 21, 10 4:55 PM

To the new Town Board --

You work for us.

Perform in harmony please.

We are watching." Jan 22, 10 5:54 PM

Nancy,

No anger please.

We are watching." Jan 25, 10 7:15 PM

To repeat to the Town Board:

You work for US.

Anger poisons.

We are watching." Jan 25, 10 7:17 PM

Tucker Geery of Montauk dies at 54

Having surfed 3's in the late 60's, before the jetty re-alignment, I can picture them them there, and in the curls beyond. Rest in Peace." Jan 25, 10 7:27 PM

Oddone sentencing postponed

Thanks for the update Michael.

Has a Notice of Appeal been filed? Does the time limit for this filing start when the conviction is announced, or when the sentencing takes place?

Have any new motions been filed, especially regarding juror misconduct?

Thanks again for your fine coverage of this matter." Jan 27, 10 1:50 PM

Poxabogue restaurant faces ouster

Come on, Anna, take the reins on this!

Mr. Murray's Fairway is an asset which should not be lost.

It's the only fair way!" Jan 27, 10 6:49 PM

MTA plans to shut down train service to the North Fork

Peconic County.

Peconic County Regional Transportation Authority.

Sounds good to me.

Time to take back our rights." Jan 27, 10 6:52 PM

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