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Judge revokes alleged shooter's $50G bail
  
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By Paul Crossman
Hudson-Catskill Newspapers
Not long after posting $50,000 bail, Michael D’Alessio — the Philmont man who allegedly shot a deputy last year — had the same bail revoked in county court Tuesday.
D’Alessio, 45, was originally charged with attempted aggravated murder, an A1 felony, first-degree attempted manslaughter and first-degree criminal use of a firearm after a stand-off with authorities Sept. 8, 2008, but the charge was reduced on Oct. 13 to two counts of first-degree reckless endangerment, both class D. felonies.
At the same Oct. 13 appearance, Judge Jonathan Nichols agreed to bail of $25,000 cash or $50,000 bail bond, which D’Alessio met.
Court convened again on Tuesday where it was brought to light that there were several other pending criminal charges again D’Alessio, including criminal mischief, criminal contempt, harassment, assault, and endangering a child.
Due to these charges, the prosecutor argued that this pattern showed the defendant consistently put his own interests above those of others, and thus may also put them above those of the court, and not appear in the future.
To this, the defense countered that D’Alessio had posted the $50,000 bail bond, using his home as collateral, and that this, combined with the defendants appearance in court that day, was sufficient to show that he would appear in court in the future. Mark Portin, D’Alessio’s attorney, argued that his client’s medications were not up to date or properly regulated while incarcerated.
Judge Nichols reviewed the information and decided to revoke bail, saying that D’Alessio’s conduct since posting bail has exposed him to additional criminal charges, and that he is a heightened risk of flight. Because of this, the judge ordered the Philmont man recommitted to the Sheriff for future proceedings, with the condition that it was to be made sure he received all the proper medication.
After the bail was revoked, Portin requested a hearing on the subject for his client, which was granted and occurred later Tuesday afternoon. D’Alessio himself was not present, but Portin told the court that his client had expressed his desire for the proceedings to go on in his absence.
During the hearing, Portin said the prosecution had not provided enough reason to revoke bail, and that the burden of evidence should be on the prosecution, and not on himself.
“I’m just not sure what burden it is I have to show at this hearing,” he told the judge.
Judge Nichols though, assured him that the burden was not his, and that he believed the prosecution had established the burden of evidence with paperwork previously, and that this hearing was to the defense a chance to submit anything which had so far gone unnoticed.
The judge stood by his original decision.
“My bail revocation today will stand,” he told the court.
Neither the prosecuting attorney or the defense attorney would comment after court was adjourned.
Andrew Amelinckx contributed to this article.
To reach reporter Paul Crossman call 518-828-1616, ext. 2266, or e-mail pcrossman@registerstar.com.
D’Alessio, 45, was originally charged with attempted aggravated murder, an A1 felony, first-degree attempted manslaughter and first-degree criminal use of a firearm after a stand-off with authorities Sept. 8, 2008, but the charge was reduced on Oct. 13 to two counts of first-degree reckless endangerment, both class D. felonies.
At the same Oct. 13 appearance, Judge Jonathan Nichols agreed to bail of $25,000 cash or $50,000 bail bond, which D’Alessio met.
Court convened again on Tuesday where it was brought to light that there were several other pending criminal charges again D’Alessio, including criminal mischief, criminal contempt, harassment, assault, and endangering a child.
Due to these charges, the prosecutor argued that this pattern showed the defendant consistently put his own interests above those of others, and thus may also put them above those of the court, and not appear in the future.
To this, the defense countered that D’Alessio had posted the $50,000 bail bond, using his home as collateral, and that this, combined with the defendants appearance in court that day, was sufficient to show that he would appear in court in the future. Mark Portin, D’Alessio’s attorney, argued that his client’s medications were not up to date or properly regulated while incarcerated.
Judge Nichols reviewed the information and decided to revoke bail, saying that D’Alessio’s conduct since posting bail has exposed him to additional criminal charges, and that he is a heightened risk of flight. Because of this, the judge ordered the Philmont man recommitted to the Sheriff for future proceedings, with the condition that it was to be made sure he received all the proper medication.
After the bail was revoked, Portin requested a hearing on the subject for his client, which was granted and occurred later Tuesday afternoon. D’Alessio himself was not present, but Portin told the court that his client had expressed his desire for the proceedings to go on in his absence.
During the hearing, Portin said the prosecution had not provided enough reason to revoke bail, and that the burden of evidence should be on the prosecution, and not on himself.
“I’m just not sure what burden it is I have to show at this hearing,” he told the judge.
Judge Nichols though, assured him that the burden was not his, and that he believed the prosecution had established the burden of evidence with paperwork previously, and that this hearing was to the defense a chance to submit anything which had so far gone unnoticed.
The judge stood by his original decision.
“My bail revocation today will stand,” he told the court.
Neither the prosecuting attorney or the defense attorney would comment after court was adjourned.
Andrew Amelinckx contributed to this article.
To reach reporter Paul Crossman call 518-828-1616, ext. 2266, or e-mail pcrossman@registerstar.com.
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