Saratoga Springs Mayor Ron Kim says his decision to hold a press conference about November’s shootout on Broadway has been upheld by Supreme Court Justice Dianne Freestone.
The Democrat spoke with reporters and presented some footage of the incident on November 20th alongside Public Safety Commissioner James Montagnino.
The shootout involved city police and an off-duty Rutland, Vermont sheriff’s deputy. Republican Saratoga County District Attorney Karen Heggen responded by seeking a restraining order barring city councilors and employees from discussing the case. Heggen said she worried the press conference and other public statements may have compromised her criminal investigation.
Kim says Friday that Freestone recognized his decision to brief the public fell within his rights as an elected official and that his goal has been transparency with respect to the shooting. Vito Caselnova has pleaded not guilty to attempted murder and other charges in the shootout, which followed a barroom confrontation.
Heggen issued a statement in response Friday.
The Republican said although her request was ultimately denied by Freestone, “the Court has nonetheless acknowledged that the actions of Montagnino and Kim placed me in a position from which I needed to 'commence such a unique proceeding' and to 'seek such remarkable and unique relief."'
Heggen points to Freestone’s judgement that reads in part:
“It is well said that 'discretion is the better part of valor' and it bears repeating to the Respondents of the importance of being factual over first."
