A judge has dismissed the indictment of an off-duty Vermont sheriff’s deputy involved in a shootout in Saratoga Springs in November. The prosecuting Saratoga County District Attorney says she will bring the case to a new grand jury.
Last spring, off-duty Rutland deputy Vito Caselnova was indicted by a grand jury on several counts including Attempted Murder for his role in a shootout in the early morning hours of November 20th, 2022. Gun in hand, Caselnova is seen on body camera video being shot by police after they responded to the sound of gunfire on Broadway shortly after 3 a.m.
Three men from Utica, also involved in the altercation, were charged with Attempted Assault.
On Wednesday, Saratoga County Judge James Murphy sided with Caselnova’s defense, who sought a dismissal on several grounds — primarily insufficient grand jury evidence and defective proceedings.
In a 31-page decision, Murphy, a former Saratoga County DA, wrote the prosecutor engaged in “improper tactics” and there existed a “a demonstrated pattern of unfairness.”
Caselnova’s defense attorney, Greg Teresi, welcomed the decision.
“We were cautiously optimistic in awaiting the decision but we think ultimately, the judge was on-point with just about everything in this decision,” said Teresi.
Teresi continues.
“There’s also some questions about how the jury was instructed, the manner in which they were instructed, things related to self-defense that we feel the grand jury should have been instructed on, specifically a kidnapping argument to self-defense,” said Teresi.
Teresi is referring to testimony from his client, in which Caselnova said that he believed the group from Utica had intended to harm his girlfriend. The woman, Cali Brown, testified that she was afraid that the group would “take her” after she heard the words, “run his pockets and grab the girl.”
Murphy writes in his decision, “Rather than determining whether defendant reasonably believed another was committing or attempting to commit a kidnapping, rape, or sexual assault, the Prosecutor improperly determined defendant was not credible and as a result found his version of the incident did not support the charge.”
Murphy takes issue with several other apparent missteps by prosecutors. He concludes, “The cumulative effect of these errors in this grand jury proceeding rendered it so flawed as to be fundamentally defective and cannot be said to be fair in any sense of the word.”
Republican Saratoga County District Attorney Karen Heggen, whose office prosecuted the case, says the judge’s decision raised issues with the way the case was presented, but it did not absolve Caselnova of any wrongdoing. Judge Murphy is allowing the case to be re-presented to a new grand jury.
Heggen did not respond to an interview request. In a statement emailed to WAMC, Heggen writes in part, “We will take our time to thoroughly review the court’s concerns and move forward with the case.”
Saratoga Springs Mayor Ron Kim, a Democrat, fought with the D.A. over the sharing of information about the case with the public. After a press conference the day of the shooting with Kim and Public Safety Commissioner James Montagnino, Heggen sought a gag order preventing the mayor and other city employees from discussing the incident. That effort ultimately failed.
Following Judge Murphy’s decision Wednesday, Kim again criticized the District Attorney.
“I’m disappointed in her actions. I hope she does move forward now and I hope she listens very carefully to what Judge Murphy has said, which, is essentially that it sounds like even her credibility was questioned in terms of her actions before that grand jury,” said Kim.
Last month, a state judge rejected a case brought by Heggen to prevent the mayor and public safety commissioner from speaking about the case. While Kim welcomed that decision, Heggen, at the time, said “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 pointed to the judgement from Supreme Court Judge Dianne Freestone 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."
As for next steps, Teresi says his client is prepared to go to trial.
