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Judge Denies Kerry Kennedy's Dismissal Motion; Trial Eyed

Stock Photo: Kerry Kennedy in July 2012.
Stock Photo: Kerry Kennedy in July 2012.
Note: This article was reported by Tom Auchterlonie and posted by Sarah Studley.

Kerry Kennedy could face a trial for her impaired driving charge, according to her attorney, Gerald Lefcourt, who indicated a fall timeline.

Kennedy, a Bedford resident, made a brief appearance Tuesday evening in North Castle Justice Court in Armonk before Town Justice Elyse Lazanksy. She did not speak during the appearance.

Talking to reporters, Lefcourt said there was "absolutely no evidence" for anything other than accidental ingestion of the medication. He also described himself as "very disappointed" with the denial motion but was confident that she would be exonerated.

A series of motions are planned in connection with the case. The defense has a July 12 deadline for its motion, with the prosecution having a Aug. 23 response date. The two parties will be due back in court in October, when the judge will make a decision relating to the motions.

Shortly before Kennedy was due to appear in North Castle Court, Town Justice Elyse Lazanksy signed a 5-page determination denying Kerry Kennedy's dismissal application for her impaired-driving charge.

Kennedy was allegedly involved in an accident on Interstate 684 in Armonk in July of last year.

A blood-based drug test following the accident showed Kennedy, of Bedford, tested positive for Zolpidem, a form of Ambien. 

The truck driver she was accused of colliding with while driving, Rocco Scuiletti, a Dutchess County resident, pleaded guilty in November to a count of disobeying a traffic device, which is a violation. He was initially charged with leaving the scene of an accident, but took a plea deal.  Scuiletti was subsequently fired from his job, according to the paperwork signe by Lazanksy.

The justice felt that granting the motion would be unwise. The papers state Lazansky's argument that a dismissal at the current stage could give appearance of favoritism or bias from the court toward Kennedy and give the impression that there is a different justice system for the rich and powerful

"The community expects and deserves to see that the law applies equally to all defendants," the justice stated.

Lazanksy stated in the documents filed that "an interest of justice dismissal would convey to the public the egregious false impression that intoxicated driving is a trifling matter, subject to dismissal at the whim if the judiciary."

Lazanksy also noted the seriousness of the charge.

"Defendant argues that the extent of harm is negligible because no one was injured during this offense," she wrote. "But driving while intoxicated is not a victimless crime; it is an offense against society as a whole." Lazanksy also wrote that Kennedy's action's "affected numerous other drivers, one of whom suffered the loss of his employment."

In addition, while Lazansky commended Kennedy for her broader work in society - the defendant noted her role in helping others in her motion - she argued that whether or not Kennedy's background is "exemplary" does not prevent her from going through the normal criminal law process. 

Note: The above information does not indicate a conviction.
Harry One May 22, 2013 at 04:04 PM
She couldnt get the judge foom mount kisco
Harry One May 22, 2013 at 04:04 PM
She couldnt get the judge foom mount kisco

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