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DA exchanges allegations of ethical lapses with defense attorney, former St. Lawrence County prosecutor

Posted 4/14/16

By JIMMY LAWTON CANTON -- Accusations of collusion between a prominent defense attorney and a former county prosecutor have been countered by claims that District Attorney Mary Rain intended to use a …

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DA exchanges allegations of ethical lapses with defense attorney, former St. Lawrence County prosecutor

Posted

By JIMMY LAWTON

CANTON -- Accusations of collusion between a prominent defense attorney and a former county prosecutor have been countered by claims that District Attorney Mary Rain intended to use a grand jury to investigate officials she didn’t like.

Former Chief ADA David Haggard confirmed Thursday that Mary Rain “indicated” to him “she intended to use the grand jury to investigate individuals she disliked,” while he worked as a county prosecutor.

The list of names offered by Haggard includes several county officials including County Attorney Stephen Button, former county administrator Karen St. Hilaire, and Public Defender Stephen Ballan among others. Haggard recently resigned from the prosecutor’s office, where he served as the chief assistant district attorney.

Haggard was dismayed by the accusations that he and Narrow had been conspiring on cases, which he says is unfounded and uncalled for.

“I worked my tail off for this county. I loved being a prosecutor, but I could not stay in that office,” he said. “Through my entire career no one has ever questioned my ethics.”

Haggard said Rain’s claims are another example of her pushing blame on to others when the spotlight turns to her.

“The people of St. Lawrence County deserve better,” he said.

Haggard was referring to comments made by Mary Rain after she accused Haggard of collusion with defense attorney Ed Narrow during a hearing April 13.

Rain would not comment on the April 13 proceeding, but court documents from the hearing include her allegations against Narrow and Haggard.

Rain told Judge Jerome Richards that a relationship between Narrow and Haggard benefited Shawn G. Sheridan, who had initially been charged with multiple weapon possession charges but was only prosecuted on one.

“He's been put in a better position than other defendants because of Mr. Haggard's relationship with Mr. Narrow,” she said during the hearing.

Rain said, “Mr. Sheridan had three weapons charges. Two of the weapons charges Mr. Haggard did not indict, one weapons charge he did indict. When Mr. Cositore spoke to the police agencies involved -- there were three -- they all asked him the same question, why weren't the other two weapons indicted, since those were the two stronger cases? The third weapons case was a weaker case because of the search warrant issue.”

Attorney Ed Narrow pointed out in court that Sheridan was charged on the strongest of the three charges.

In an interview Thursday he denied Rain’s claims and criticized her for trying to deflect ethical violation claims made against her by accusing others.

“We categorically deny each and every allegation that I have committed any offense,” he said in an interview Wednesday.

Richards also largely dismissed the claims made by Rain in court.

“As far as the allegations made here today about this particular file and Mr. Haggard and Mr. Narrow, there's nothing, other than your bald assertions, upon which I can take any action, if I thought it were necessary,” Richards said according to court documents.

The documents show that Rain also made public her intent to indict Narrow on a felony charge related to a case involving Oral Nicholas Hillary, and that Haggard was made aware of her intentions in fall of 2015.

 She also said Haggard was “put on notice” about his performance in summer of 2015.

“In October or late September of 2015, I had a conversation with Mr. Haggard about the felony that Mr. Narrow committed regarding the Oral Nicholas Hillary case and my intention to indict him. I was persuaded by DA Fitzpatrick not to do it at that time, to wait until the Hillary case was resolved,” she said.

Rain’s accusations were made after Ed Narrow wrote a letter citing an ethical complaint against the DA’s office that Judge Jerome Richards said he was sending to a grievance committee.

Although the letter is not public, the complaint involved Assistant District Attorney Jonathan Jirik, who allegedly prosecuted a felony trial in county court without having the proper credentials.

Narrow said Rain’s stated intention to indict him was confusing, as indictments aren’t public matters.

“There are allegations circulating out there that she is using the grand jury to target myself and some other people. If I am I the target of a grand jury investigation, it’s surprising to me she would disclose it,” he said.

In court April 13 Rain said Narrow’s letter was motivated by his knowledge that she planned to indict him.

“It is my understanding that Mr. Haggard and Mr. Narrow have been speaking about this case for the past week, and that's why we have this letter of April 13, 2016 from Mr. Narrow regarding his discomfort in reporting me for possible criminal conduct as a preemptive strike, so to speak, against the case that he knows that I'm going to bring against him, so it was retaliatory when it's clearly not.”

Narrow criticized Rain’s leadership, which he says has caused problems for St. Lawrence County residents.

“I think that people of St. Lawrence County deserve better of elected officials and certainly they deserve better from a chief prosecutor,” he said.