carpetman, hamptons, flooring

14 Comments by ron sport

Appeals Court Denies New Trial For Oddone But Reduces Sentence

I know Andrew Reister was a great respected man in the community and this is torture for his family but a 5-year reduced sentence is atrocious news for Oddone. I must defend my friend from cruel unwarrantable comments aforementioned and make it clear he was unjustifiably convicted of manslaughter.

I know with an enormous amount of certainty Oddone had absolutely no intention of harming anyone and Oddone was not reckless as he was defending himself. This tragedy was an involuntary reaction from being dislodged from a table. I was in the police station at 5 am that morning and I heard witness stories which were inconsistent and contradicting with the stories they told in court. Furthermore, favorable witnesses for Oddone did not have an opportunity to testify. Unfortunately, I believe all eye-witnesses were extremely drunk when altercation occurred. The DA did an excellent job picking the most credible ones and the misguided jury erroneously gave the witnesses drunken stories merit.

The Appellate Court said, “…the County Court did not err in refusing to give an intoxication charge to the jury… we find that there was insufficient evidence presented regarding the quantity of liquor consumed by the defendant and its consequent effects to warrant a charge on intoxication.” Although not on the record, the police, DA and I know who Oddone was drinking with that night, about how much he drank and lawfully the jury should have been given an intoxication charge.

Justice Hinrichs gave an excessive sentence; likewise gave tremendous latitude to the DA throughout trial. I respect the loyalty the Court, family and co-workers gave to their fallen counterpart but it was at my friend’s expense. I know if the truth made it into the court room, the worst crime he may have committed was criminally negligent homicide, 4 year max. If so, it would only be for bad luck and being at wrong place at wrong time.

I pray this injustice gets rectified in “Court of Appeals.” Regardless, both parties will never be happy because the damage cannot be undone. Gloating or wishing harm upon Tony while he waits for next appeal is malicious and I know some of you and I know you are above that behavior.
" Nov 11, 11 3:09 AM

There are no “bent facts” in my previous post and I was only answering inappropriate comments. I will defend my credibility anytime and anywhere with anybody just give me time and place. Clearly, this board is not the correct venue. Although, if you must attack someone, I rather you attack me than Tony.
Furthermore, I would pray the Reister’s and the Oddone’s do not read any of these statements because they are for the most part a bad reminder for Reister’s; on other side, cruel skewed opinions about a smart young man who had a terrific future mapped out. Trust me; he did not throw all that away intentionally.
The fact is this was misfortune for all of us. I am a practicing Catholic and I do pray and am sincere in regards to the Reister’s.
" Nov 11, 11 11:39 AM

HB 4 Life
I never and admittedly deny ever filing a frivolous lawsuit[s] or being involved in frivolous litigation.
I am a current student, studying law. My professors, friends and acquaintances include several detectives, PI's, lawyers, Supreme Court Justices and DA's who worked the Oddone case. I followed many recent murder trials, worked in law offices, have my own on-going cases and I ask a lot of questions including a few to Justice Hinrichs.
I am sincere and know everyone on the prosecution side did an excellent job, especially the detectives and DA’s involved at the onset. I love and have been discussing that topic for three years and respectfully disagree at times on the subject matter. Here, the prosecution won excessively.
I know you are angry and your opinion is “no punishment long enough.” The problem is manslaughter in the 1st degree by a stranger without a motive, generally, does not get more than 12 years.
I suggest you praise the people who worked very hard to make it so because it is pointless to root for additional excessive punishment and my credibility is authentic.
" Nov 12, 11 8:14 AM

Truth prevails.
Great post; these are the arguments I like.
In regards to Oddone’s current attorneys, I can only speculate why they took the case but I know they did it upon their own free will, I know they researched the facts of the case prior to getting involved, they are passionate that justice is served and passionate of Oddone’s innocence.
I think you are correct, since the sentence was lowered to 17 years, how much he drank does not matter. Prior to the modification of the sentence, it did matter because being intoxicated can be presented by defense as relevant to eliminate intent which is needed for manslaughter 1st degree. If someone is recklessly drunk and commits manslaughter it is 2nd degree, max 17 years. I THINK that is where the Appellate Court came up with the number “17”.
You are correct, I was not there and I cannot discount every single witness who came forward. Although, I was at the police station that morning and I can discount at least one, as his story changed. Also, I do know one witness was underage, from Russia and scared to speak on Oddone’s behalf.
In regards to other witness questions, the prosecution obviously did not call the witnesses that would have supported Oddone’s case. I can only speculate that: when it was the defenses turn to call witnesses they believed they won the case, so there was no need. I did talk to a juror and likewise, he wanted those witnesses on the stand..
The case was a hard fought legal battle. The prosecution organized grand jury, arraignment proceeding, court venue, pretrial investigation, pretrial hearings, jury selection and witness testimony better than the defense. Although, it was extremely close as evidenced by 9 days of jury deliberation. Reister supporters, while you are still angry and morally and ethically you may have a point, by our law, Oddone’s sentence was the most any other prosecuting team would have accomplished. Everyone on the prosecution team should be commended for their hard work.
Oddone’s lawyers, especially Wolinsky, were outstanding during the appeal. This was not close. My favorite part, to the best of my recollection, was a judge asking the prosecution if this was a “win at all cost case” and the prosecution had a guilty look on her face and the entire court room smiled, laughed or nodded yes, including the stern judges. As an Oddone supporter, I am still angry and morally and ethically I may have a point, but by law, Oddone’s modified sentence is the most any other defense team would have accomplished. I did commend Wolinsky for his hard work.
Oddone’s legal team was needed for a fair trial and ridiculing him is pointless. Countless hours of hard work for both sides, still a very sad dilemma and no one is ever going to be happy about any outcome.
I really tried my best to be respectful and it was the best I could do as I answered excellent questions by Truth prevails to the best of my ability upon a dilemma that we are never going to agree.
" Nov 12, 11 2:18 PM

Personally, I have nothing against you and see valid points from many people on this board but none from you.

I have a trial (lawsuit) on Wednesday, November 16, 2011 in Southampton Justice Court at 5:30 pm. I challenge you to spectate in order to judge my validity and credibility as the information you gathered and reported about me, here, is false.
" Nov 13, 11 5:36 AM

Truth Prevails,
Again post was excellent. The police did not test Oddone for alcohol, in case this case went to trial so the defense could not get an intoxication charge. Again, excellent foreshadowing by our Southampton DA’s and police.
[Penal Law Section 15.25 Effect of intoxication upon liability: “Intoxication is not, as such, a defense to a criminal charge; but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negative an element of the crime charged]
In which the jury would have factored in if Oddone was so drunk he did not intentionally know the outcome of his act; likely, manslaughter 2nd max 17 years with this jury and judge; now it is 17, no difference. Regardless the judge did not allow that factor. I know with a tremendous amount of certainty, Oddone did not intentionally choose this pain on the entire community especially Mr. Reister and himself; drunk or not.
You are 100% correct about the defense not calling available witnesses, including Oddone himself. I asked a juror what would have made you say “not guilty” and he said, he wanted Oddone to take the stand and he was extremely confused and puzzled that his friends also did not take stand. I cannot answer this one and it “may” be why Oddone lost. All the Reister’s supporters in the courtroom each day probably weighed in on the jury’s decision and that was remarkable time consuming dedication in an unpleasant scenario and I even saw some of you at the pretrial hearings.
I offered to be a character witness because Oddone was my best employee out of 60 others in 2007. I know you won’t believe me but it is true. 'He was not working for me at the time this occurred.' Oddone did come on time each day driving 40 minutes and several times the last one to leave covering shifts of the weaker employees at night while I gave him instruction by phone. He would give golf lessons and entertain my personal friends when they visited me at work and they enjoyed Oddone’s company more than anyone else. He was a completely a reliable, loyal, honest likable hard working person. We made future career goals together for him and I am as angry as you this event happened. All he did was work; go home to his girlfriend and sleep.
This conviction and that one night were tremendously out of his once good character. Yes, I knew his young past; my young past is not that great either. I am sure HB 4 Life is digging it up now.
You are 100% correct the stories I heard hours after it happened that did not make it into the courtroom don’t matter or count anymore. Don’t know anything about the medical examiner parts other than it was clearly painful to observe during testimony. My regretfull regards.
I think you are incorrect, I believe murder was off table reasonably quickly. Juror Stephan Garvey said, "the jury members had set aside the most serious charge, murder in the second degree, early in their deliberations, then battled over the first-degree manslaughter charge for more than a week."
A new trial was the goal not a five year modification; I am distraught. If Oddone was not such an extremely loyal trusting employee and friend of mine, especially immediately after I lost my job; and if I even thought it was possible for him to intentionally do this act, I would have never supported or posted anything but that is not the case here.
I encourage good memories and stories about Mr. Reister; and the exceptional job the entire prosecuting team did should fill up the board. I am really shocked more credit has not been declared to them. They were really great. Many acquantances of mine worked unbelievably hard behind the scenes, thankfully we stayed friends throughout with opposing views. According to the law, Manslaughter 1st Degree even with the courtroom facts was near impossible in this scenario.
Thanks you Truth prevail and anyone else and there is others who are able to at least have a somewhat respectful discussion and acknowledge there are two sides. I really see your side.

I made my points and I will respectfully layoff.
HB for Life, see you Wednesday.
" Nov 13, 11 10:57 AM

HB 4 Life and others,

I did regretfully erroneously make a mistake. A "17" year sentence means Oddone did intentionally commit manslaughter in the 1st Degree according to the jury, Appellate Term, NY Law and everyone on this discussion board.
I do know there was no intention; but legally, what I know does not matter.
Sorry for that one incorrect fact.
" Nov 14, 11 7:19 AM

Two Convicted Drug Dealers Released From Prison; D.A. Cites 'Credibility' Of Arresting Street Crime Unit Officer

Jury's decisions were based on skewed facts presented by DA.
Case was dismissed; therefore, no retry and this is very bad.

" May 26, 12 11:13 AM

I completely agree, extraordinary action.
Correct, I don't have all facts but the defendants will likely have an affirmative defense of ENTRAPMENT.
" May 26, 12 11:18 AM

Dormitory At The Bridge In Noyac Completed

The Town Planning Board was duped unless they are supporting Mr. Rubin's outsourcing employees from Guatemala and/or other such countries’ to fill the dormitory with cheap labor.
It is shameful.
Mr. Rubin oversaw terminations by Americans who would have been happy to work without such luxury as housing and Mr. Rubin oversees hiring of people with vacation and work visas or illegals.
This is not news to the Town Planning Board who drove by the campers and trailers of such workers throughout the last 10 years when investigating the dormitory issue..." Nov 6, 12 11:52 AM

Oddone Conviction Overturned By Highest Court, New Trial Possible In 2008 Killing

Tony was always innocent. It was a tragic night and a horrific accident. Tony has been a scapegoat for five and one half years. There won't be a retrial because the State of New York can't afford it and they would not win anyways. Tony was thrown off a table first. It was self defense. Tony is innocent." Dec 12, 13 5:12 PM

How dare you ignore Tony, his family and his friends who read your ridiculous cruel comments like some angry mob with no idea what happened that night. I know Tony is innocent because I was in the police station and heard witness testimony that morning. Then I heard them change statements on the stand. Witnesses lied and Tony is innocent.

" Dec 12, 13 6:08 PM

UPDATE: Neil S. Fyfe Had Just Finished First Day As Caddie At Sebonack Golf Club When Killed

This was a horrible accident. I never met Neil; however, his friends made me aware he was a gentleman. Neil was Southampton’s guest from Scotland. Rest in peace.
"...Aye, she let us go so easily
With never a backward look.
But...how could we know as we sailed or flew
Our heart was a baited hook,
With a line as long as we want it to be
To wherever we may roam,
Till...out of the blue, with one sharp tug
'Mother Scotland' reels us home".
" May 3, 14 4:47 PM

This was a horrible accident. I never met Neil; however, his friends made me aware he was a gentleman. Neil was Southampton’s guest from Scotland. Rest in peace.
"...Aye, she let us go so easily
With never a backward look.
But...how could we know as we sailed or flew
Our heart was a baited hook,
With a line as long as we want it to be
To wherever we may roam,
Till...out of the blue, with one sharp tug
'Mother Scotland' reels us home".
" May 3, 14 4:48 PM