What's Going On in the DA's Office?

A Story You Won't See in the Democrat and Chronicle

Sean Carroll of 13WHAM-TV reports today on his investigation into a blunder by the District Attorney's office that has had serious consequences.

Eric Magin is a career criminal who broke into the vehicle of Livingston County John York on September 9 and stole two loaded .45-caliber handguns, among other items.   The guns have not been recovered.

It turns out that Magin was out on the street only because the DA's office blew it.   Magin had been arrested in Rochester earlier in the year, for Grand Larceny car theft, resisting arrest and assaulting the arresting officer.

But the Monroe County District Attorney’s Office didn't let Magin testify before the grand jury hearing these charges, even though Magin had the right to testify and his lawyer had notified the DA’s Office of Magin's desire to testify.

The grand jury indicted Magin, but in May the County Court dismissed the case, because of the DA's error in not letting Magin testify.

The Court's dismissal allowed the DA to go back to the grand jury and present the case again.   But the DA didn't even bother trying.

That is, not until late last week,

. . . only after 13WHAM News made numerous inquires to the DA’s Office regarding the status of this April assault case. Last week 13WHAM News was told at one point that the case had been “sealed” and nobody could discuss it.

After more detailed inquires with the Monroe County Clerk’s Office it was discovered that no judge had sealed any of the documents . . .

And that's why Eric Magin was out on the street this month, when he broke into Sheriff York's car and took the guns.

We politically-attuned types notice that this is the same DA's office that DA candidate Sandra Doorley wants us to think she's practically running.   Yet when Channel 13 starts asking embarrassing questions, out trots lame-duck incumbent DA Mike Green to face the music.

So far Ms. Doorley has not been endorsed by any law-enforcement organization.