Friday, November 27, 2015

WDT: ‘Prejudicial’ remarks to jury by DA cited as 2014 rape conviction reversed

    Poor Mary Rain. Once the endorsee of the establishment and the favorite of many political big wigs , now she can't buy any good press. The latest is a reversal of a rape conviction based on prosecutorial misconduct, as determined by an appellate judge.
    The first time I met her was about three or four years ago at a political event on the St. Lawrence. She seemed pleasant enough and my impression she had a very skeptical view of police for someone running for DA.  She had a lot of people pushing for her to defeat Nicole Duve', who now stars in TV commercials for a local law firm as she readies to be the law clerk for the county judge, in advance her someday seeking to wear the robes.
     Ms. Rain was granted considerable press latitude when she regurgitated champagne on camera on election night. Who you know matters.
     However, she has cultivated a very negative public image and seems without friends in high places.
     The couple of times I ever talked to her, she seemed pleasant enough.  However, she may want to explore other options before seeking another term, as unless the Dems have no candidate, Ms. Rain will be greatly at risk for reelection
      Watertown Daily Times | ‘Prejudicial’ remarks to jury by DA cited as 2014 rape conviction reversed

17 comments:

Anonymous said...

She has her supporters but very few.. She in the eyes of the SLC taxpayers is probably the most incompetant DA ever. She has lost case after case due to her demeanor and incompetance. She has backlogged local courts due to her non williness to work with County Legislators. She was responsible for taking on Mr Gebo who set the ball in motion for her getting subponeaed for contempt of court. Hes long gone but Mary should have known he was probably not suitable to be a ADA just by his past history of being santioned. Shes working hard to bring justice to the Phillips family but most of us feel its at the price of an innocent man. She has fueded with the judges now this... This is caused by Party Line voting without looking at the canidates history which she has one pointing directly to her actions as DA.

Anonymous said...

Unfortunately for Ms. Rain, the appellate reversal was based upon her own closing statements which means she only has herself to blame for that rookie mistake.

Guess the citizens of St. Lawrence County will be paying for another jury trial.

Anonymous said...

Pleasant is no qualification for her role. Half a brain minimum requirement and well within the expectation of the voters. Now a conviction is overturned by her arrogance and new charges will have to be brought because of double jeopardy rules. Happy Thanksgiving to the alleged victim.

And then there will be lawsuit by the defendant.





Anonymous said...

Would love to see Nicole wear the robes someday.

Anonymous said...

That is what you risk when you take a rapist to trial instead of plea-bargaining everything like we do here in Jefferson. I'm no attorney but I watched enough Matlock that I know what I am talking about. Closing statements like hers are typical and it is typical for the judge to tell the jury to ignore it and that is enough to make it a fair trial. In this case you have a republican DA with a target on her back and a bunch of democrat appellate judges trained to shoot at her. If it means a guy gets away with raping a 15 year old, they don't care, as long as they get a donkey to replace her.

Seems like a remember a murder trial in Ogdensburg that got overturned when the donkey DA was maliciously prosecuting a guy there. Even though she didn't have reliable (or enough) evidence to know if he was guilty, much less convince a jury.

Anonymous said...

9:43am -

Nor sure if it was arrogance or simply incompetence but what she did has led to a conviction being overturned and now subjects the county to the costs of a second trial. I am actually surprised there was a verdict to be appealed because that means either the defense attorney failed to ask for a mistrial or he/she did ask and Judge Richards failed to grant it.

FYI, double jeopardy requires an acquittal or conviction. Based on the Appellate Division's ruling, the conviction was vacated and remanded and, therefore, it is like a "do over" so double jeopardy doesn't apply.

dajeep said...

One of my ideas never seems to go anywhere. Any elected official should go through psychological testing BEFORE they get put on the ballot. Of course, unless your running for village idiot.For other government jobs it's a must.

Anonymous said...

She and her staff should have to pay from their budget for this f---up. When time for money rolls around the legislature should keep a scorecard and close track of her expenditures and her incompetance expenditures.
I can hear her public statement now.. Judge Richards is at fault.. No... Then it must be one of my staff..

Anonymous said...

Who does she remind you of? Addie comes to mind.

Anonymous said...

Yes our little Addie...

Anonymous said...

11:34 - unfortunately for you and her, real law doesn't work like Matlock. This reversal was based on basic legal principles that law students learn in their first year of law school.

But go ahead and blame this on partisanship. Wouldn't want to trouble you with the task of learning something.

Anonymous said...

Let's be careful of pointing fingers up north, remember the incident where a County leg person was cut in a domestic??? And who can forget the Red Stag incident.......And NO charges were filed by the DA....

Anonymous said...

Doheny claimed last election cycle that he was the one that got her elected, so I suppose we have him to thank.

Anonymous said...

1134.. I remember.. Duve prosecuted and won. Then it was overturned because of procedure. Re-tried and hung jury.. Evidence questional
Third trial came back with acquital.. Wow... Then I think back.. He was aquited because the evidence collected by an acting DA (the republican canidate for office that year) was less than accurate. His procedures were not followed because he wanted to win so bad he rushed to judgement for votes.. When he lost his opponent Duve was stuck with the case and did her best to correct the Republican mistakes but in the end couldnt because two Ogdensburg cops lied under oath and a tropper was less than honest .. One of those cops is now under arrest and facing career ending charges and prison for unrelated charges and hes being defended by the Republican canidate from that year for DA who claims this cop is one of the top ten police officers he ever worked with.... HMMMMMMMMMMMMMMMMMMMMMMMMMMMM does that tell you anything.

Anonymous said...

Sherriffs need to blow off some steam like every other people. That's why Irish go into law enforcement.

Anonymous said...

8:56, To summarize what you said...Duave decided the guy was guilty in spite of lying cops and bad evidence and prosecuted the guy regardless of the facts. Good to know!

Anonymous said...

St Lawrence County has had issues with their DA for a long time. Many were unhappy with Duve. Gary Miles worked up there as DA for a while. He ran away too. There's more to this than just the current drama.