Monday, May 28, 2012
The District Attorney for Albany County has been censured by the New York Appellate Division for the Fourth Judicial Department for comments about a judge made in an electronic mail message to a news reporter.
The DA was prosecuting alleged illegal sales of prescription drugs by individuals operating out of a Florida pharmacy. After the judge dismissed charges and disqualified the DA's office, the offending e-mail described the judge's action as a "get out of jail free" card and called the judge's decision a "dangerous loophole."
The court held that the first statement was objectively false and the second reckless and misleading, amounting to conduct prejudicial to the administration of justice.