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Prosecutor Asks Court to Bar Judge From Dismissing Sex-Assault Case


Judge Andrew Halloran’s supporters say he takes a no-nonsense approach to running his courtroom. He demonstrated that last year when a 16-year-old said she was so traumatized at the prospect of appearing in court that she needed a two-week delay before she could testify against the man she said had tried to rape her and threatened to slash her throat.

The judge not only refused to grant a delay, but — over protests from the Essex County District Attorney — he impaneled a jury, began a full trial and, when the young woman did not testify and the prosecutor declined to provide any evidence, dismissed all charges against the defendant.

Now, the case here in the Adirondacks is drawing statewide attention because of an unusual proceeding filed against the judge in an Albany appeals court.

In the case, Ronald J. Briggs, the District Attorney, challenged Judge Halloran’s decision to begin the trial in Essex County Court, even though he had been told that the 16-year-old was suffering from sleeplessness, nausea, diarrhea and migraines. Her relatives said she had lost so much weight from anxiety that she had gone from a size 12 to a size 5 dress.

More : query.nytimes.com



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