The facts and only the facts about Rome NY

[+Kayleo]

The case was adjurned until April 7th to give time for a conference. If the DA had been in today they would have had the conference during a recess and would have come back in with either a deal or they would set a trial date. Mr Repak has the option of a jury trial or a trial by judge. Rome holds court at 9AM and 2PM....more than likely it is the 9AM time on the 7th, but we will call and make sure of the time later. If a deal is made in conference the time in front of the judge will be minimal, they will call him up and set the terms (if any)and it will be done in minutes. If a deal is not made, the state has 60 days to bring Mr. Repak to trial.

 

 

I don't know if it is possible or not, but I would like a chance to talk to the DA before a deal is made. Even if I get the chance to talk to him, there is no way of knowing if it will have any effect on the deal made.

Edited March 3, 2010 by Kayleo

[+kh54s10]

The case was adjurned until April 7th to give time for a conference. If the DA had been in today they would have had the conference during a recess and would have come back in with either a deal or they would set a trial date. Mr Repak has the option of a jury trial or a trial by judge. Rome holds court at 9AM and 2PM....more than likely it is the 9AM time on the 7th, but we will call and make sure of the time later. If a deal is made in conference the time in front of the judge will be minimal, they will call him up and set the terms (if any)and it will be done in minutes. If a deal is not made, the state has 60 days to bring Mr. Repak to trial.

 

 

I don't know if it is possible or not, but I would like a chance to talk to the DA before a deal is made. Even if I get the chance to talk to him, there is no way of knowing if it will have any effect on the deal made.

 

Should I know what this is all about?????

[vagabond]

The case was adjurned until April 7th to give time for a conference. If the DA had been in today they would have had the conference during a recess and would have come back in with either a deal or they would set a trial date. Mr Repak has the option of a jury trial or a trial by judge. Rome holds court at 9AM and 2PM....more than likely it is the 9AM time on the 7th, but we will call and make sure of the time later. If a deal is made in conference the time in front of the judge will be minimal, they will call him up and set the terms (if any)and it will be done in minutes. If a deal is not made, the state has 60 days to bring Mr. Repak to trial.

 

 

I don't know if it is possible or not, but I would like a chance to talk to the DA before a deal is made. Even if I get the chance to talk to him, there is no way of knowing if it will have any effect on the deal made.

 

Should I know what this is all about?????

check this thread

[+baloo&bd]

The case was adjurned until April 7th to give time for a conference. If the DA had been in today they would have had the conference during a recess and would have come back in with either a deal or they would set a trial date. Mr Repak has the option of a jury trial or a trial by judge. Rome holds court at 9AM and 2PM....more than likely it is the 9AM time on the 7th, but we will call and make sure of the time later. If a deal is made in conference the time in front of the judge will be minimal, they will call him up and set the terms (if any)and it will be done in minutes. If a deal is not made, the state has 60 days to bring Mr. Repak to trial.

 

 

I don't know if it is possible or not, but I would like a chance to talk to the DA before a deal is made. Even if I get the chance to talk to him, there is no way of knowing if it will have any effect on the deal made.

 

Should I know what this is all about?????

 

No. Duplicate thread.

[+WRASTRO]

The case was adjurned until April 7th to give time for a conference. If the DA had been in today they would have had the conference during a recess and would have come back in with either a deal or they would set a trial date. Mr Repak has the option of a jury trial or a trial by judge. Rome holds court at 9AM and 2PM....more than likely it is the 9AM time on the 7th, but we will call and make sure of the time later. If a deal is made in conference the time in front of the judge will be minimal, they will call him up and set the terms (if any)and it will be done in minutes. If a deal is not made, the state has 60 days to bring Mr. Repak to trial.

 

 

I don't know if it is possible or not, but I would like a chance to talk to the DA before a deal is made. Even if I get the chance to talk to him, there is no way of knowing if it will have any effect on the deal made.

I would presume that you can contact the DA and ask for a meeting. You have a month now so hopefully it can happen. Thanks for the updates.

[+kh54s10]

The case was adjurned until April 7th to give time for a conference. If the DA had been in today they would have had the conference during a recess and would have come back in with either a deal or they would set a trial date. Mr Repak has the option of a jury trial or a trial by judge. Rome holds court at 9AM and 2PM....more than likely it is the 9AM time on the 7th, but we will call and make sure of the time later. If a deal is made in conference the time in front of the judge will be minimal, they will call him up and set the terms (if any)and it will be done in minutes. If a deal is not made, the state has 60 days to bring Mr. Repak to trial.

 

 

I don't know if it is possible or not, but I would like a chance to talk to the DA before a deal is made. Even if I get the chance to talk to him, there is no way of knowing if it will have any effect on the deal made.

 

Should I know what this is all about?????

check this thread

 

Oh, thanks

Didn't make the connection to the other thread

[+BlueMoth]

I don't know if it is possible or not, but I would like a chance to talk to the DA before a deal is made. Even if I get the chance to talk to him, there is no way of knowing if it will have any effect on the deal made.

 

It is absoutely possible to have a conference with the DA. Remember that the DA speaks and acts for the people of NY, you for example. Call the office and make an appointment. He/She will, I am sure, be happy to take into consideration any information you can offer in the matter at hand.

 

This advice is from an assistant Atty. General for the state of California, who told me to pass it along.

[Mr.Yuck]

Fact: They used to have an Air Force Base.

 

Fact: They are soon to be without a Govenor (again).

 

Fact: They have The Rome Sand Plains I didn't know about that. Sounds cool, are there caches in these Sand Plains?

 

Seriously though, I do believe you could request a conference with the DA. Wouldn't hurt to try.

[+sbell111]

I suspect that your ability to set a meeting with the DA will completely depend on his calendar and his perception of the importance of this case.

[+EscapeFromFlatland]

Fact: They are soon to be without a Govenor (again).

 

Incorrect. Patterson is not resigning. He is simply not running for election. They have Patterson until the elected replacement is sworn into office.

[+Kayleo]

I don't know if it is possible or not, but I would like a chance to talk to the DA before a deal is made. Even if I get the chance to talk to him, there is no way of knowing if it will have any effect on the deal made.

 

It is absoutely possible to have a conference with the DA. Remember that the DA speaks and acts for the people of NY, you for example. Call the office and make an appointment. He/She will, I am sure, be happy to take into consideration any information you can offer in the matter at hand.

 

This advice is from an assistant Atty. General for the state of California, who told me to pass it along.

 

 

Thank you very much!

[GOF and Bacall]

Fact: They are soon to be without a Govenor (again).

 

Incorrect. Patterson is not resigning. He is simply not running for election. They have Patterson until the elected replacement is sworn into office.

 

Fact: He is unlikely to be in office that long. The NY political machine is trying its darnedest to run his butt over.

[+Kayleo]

Blurb that appeared in the local paper.

 

"Paul L. Repak, 58, of Lewis Road, Boonville, pleaded not guilty to fifth-degree possession of stolen property and petty larceny. Police said at 7:30 p.m. Feb. 16, Rapak stole a black magnetic key holder that had been hidden beneath a sculpture on the Griffiss Business and Technology Park as part of a game known as geocaching. The object of the game is to hide a small trinket somewhere in your neighborhood, and then other players will search for it using the Global Positioning System."

Edited March 4, 2010 by Kayleo

[+sbell111]

Fact: They are soon to be without a Govenor (again).

 

Incorrect. Patterson is not resigning. He is simply not running for election. They have Patterson until the elected replacement is sworn into office.

 

Fact: He is unlikely to be in office that long. The NY political machine is trying its darnedest to run his butt over.

Even if he leaves office, New York will have a governor. It would be this guy:

New York could do worse. In fact, it has (pretty darn recently).

[+sbell111]

Blurb that appeared in the local paper.

 

"Paul L. Repak, 58, of Lewis Road, Boonville, pleaded not guilty to fifth-degree possession of stolen property and petty larceny. Police said at 7:30 p.m. Feb. 16, Rapak stole a black magnetic key holder that had been hidden beneath a sculpture on the Griffiss Business and tecnology Park as part of a game known as geocaching. The object of the game is to hide a small trinket somewhere in your neighborhood, and then other players will search for it using the Global Positioning System."

I wonder if the judge or DA read that little bit.

[+TheAlabamaRambler]

Blurb that appeared in the local paper.

 

"Paul L. Repak, 58, of Lewis Road, Boonville, pleaded not guilty to fifth-degree possession of stolen property and petty larceny. Police said at 7:30 p.m. Feb. 16, Rapak stole a black magnetic key holder that had been hidden beneath a sculpture on the Griffiss Business and tecnology Park as part of a game known as geocaching. The object of the game is to hide a small trinket somewhere in your neighborhood, and then other players will search for it using the Global Positioning System."

Does that mean that a trial is likely?

 

Or does it mean that some wily geocacher planted that, one who couldn't spell "Technology"?

[+GeoGeeBee]

Blurb that appeared in the local paper.

 

"Paul L. Repak, 58, of Lewis Road, Boonville, pleaded not guilty to fifth-degree possession of stolen property and petty larceny. Police said at 7:30 p.m. Feb. 16, Rapak stole a black magnetic key holder that had been hidden beneath a sculpture on the Griffiss Business and tecnology Park as part of a game known as geocaching. The object of the game is to hide a small trinket somewhere in your neighborhood, and then other players will search for it using the Global Positioning System."

Does that mean that a trial is likely?

 

Or does it mean that some wily geocacher planted that, one who couldn't spell "Technology"?

 

Sheesh. We're down to picking on typos now? The newspaper has the word spelled correctly, Kayleo apparently was typing the story rather than cutting and pasting. If you'd like to see the original, it's here:

 

http://romesentinel.com/news?newsid=20100303-141044

[+Tequila]

Trepassing, Drunk Driving, Animal Cruelty.......

 

He is in good company.

 

Regardless of the penalty, nothing will be as bad as the embarrassment of being included with that group of bozos.

[+TheAlabamaRambler]

Sheesh. We're down to picking on typos now? The newspaper has the word spelled correctly, Kayleo apparently was typing the story rather than cutting and pasting. If you'd like to see the original, it's here:

 

http://romesentinel.com/news?newsid=20100303-141044

Thanks for the link. No, I don't usually peck at typos, Lord knows I make plenty myself.

 

I do however have a bit of a cynical outlook on internet postings, and when I see a newspaper article with glaring mistakes... "fifth-degree possession of stolen property and petty larceny" is, I think, two crimes... properly entitled (1) Possession of Stolen Property in the Fifth Degree and (2) Petit Larceny, and I would expect a news reporter to get it right, so it prompted me to wonder who wrote it.

[+TheAlabamaRambler]

It's unrelated but the very best part of that linked story is:

 

Also in City Court:

 

• Julius J. Deraway, 40, of 863 Lawrence St., was released on his own recognizance on charges of trespass, failure to comply with police, snowmobiling on a city street, and riding an unregistered and uninsured snowmobile. His case was adjourned to March 5.

 

Authorities said at about 10 a.m. Feb. 15, Deraway was snowmobiling on Martin Street when a deputy attempted to pull him over. Authorities said Deraway refused to stop and turned his sled onto Mill Street, where he fled along the railroad tracks. Deputies pursued and eventually found his abandoned sled, but no Deraway.

 

The deputies then followed the snowmobile tracks backwards to Deraway’s residence, where he was identified by another person at the residence. At about 1 p.m. that day, authorities said Deraway telephoned the deputies and surrendered.

 

They followed his tracks home and then somebody in his home threw him under the bus! I will look for this on America's Dumbest Criminals!

[+gatoller]

.. pleaded not guilty to fifth-degree possession of stolen property ...

Fifth degree? How many 'degrees' are there to possession of stolen property? A few more, and we may find Kevin Bacon.

[+edscott]

Isn't the chatter supposed to be in the other thread and this one reserved for real data?

[+TheAlabamaRambler]

Isn't the chatter supposed to be in the other thread and this one reserved for real data?

Good luck wit dat! This duplicate thread should never have been opened.

Edited March 4, 2010 by TheAlabamaRambler

[+sbell111]

Isn't the chatter supposed to be in the other thread and this one reserved for real data?

Are they not discussing a real newspaper article about this issue? Was the newspaper article being disussed not posted by the OP?

[+edscott]

No. maybe in the other thread... ??

[+TheAlabamaRambler]

No. maybe in the other thread... ??

Read post #13 in this thread.

[knowschad]

Tomorrow is the scheduled court day, figured it would be OK to bump this thread back up now to give newcomers a chance to catch up.

[+sbell111]

yippee.

[+WatchDog2020]

.. pleaded not guilty to fifth-degree possession of stolen property ...

Fifth degree? How many 'degrees' are there to possession of stolen property? A few more, and we may find Kevin Bacon.

 

§ 165.40 Criminal possession of stolen property in the fifth degree.

A person is guilty of criminal possession of stolen property in the

fifth degree when he knowingly possesses stolen property, with intent to

benefit himself or a person other than an owner thereof or to impede the

recovery by an owner thereof.

Criminal possession of stolen property in the fifth degree is a class

A misdemeanor.

 

I'll guess he'll get a $250 fine and 6 months probation if it goes to trial but I'm guessing a pre-trial with the ADA and they'll adjurn pending dismissal if he's a good boy for a year.

[+Kayleo]

We just returned from court. The DA would not accept the deal Repak's lawyer was trying to make (don't know what the deal was), so he has to return to court on April 16th for a pretrial and motions. Originally Repak was charged with two things. The DA needs to talk to the arresting officer because there is a discrepancy with the supporting depositions. Two depositions were given by me and in one of them, it doesn't state his name so the lawyer is trying use that to get one set of charges thrown out. On the 16th that will be decided and then a court date could be set for the other charges. So if you have any other pertinent information, or come across any, send it to the DA asap.

[+geodarts]

Thank you for the information. A hard-line DA always makes life more interesting.

[+Moose Mob]

Folks, lets keep this thread for status reports on the case as the OP requested.

 

If you have quips, political views or other commentary, please use this other thread.

 

Thanks

 

And thanks Kayleo for the updates on the case.

Edited April 7, 2010 by Moose Mob

[knowschad]

Thanks for the update, Kayleo!

 

Two depositions were given by me and in one of them, it doesn't state his name

I assume that, by "his name", you mean the arresting officer's name? I wonder what the odds are of that being sufficient to get that charge thrown out?

[knowschad]

Folks, lets keep this thread for status reports on the case as the OP requested.

If you have quips, political views or other commentary, please use this other thread.

Thanks

And thanks Kayleo for the updates on the case.

That other thread is still locked, Moose Mob. Perhaps you can unlock it and move some of these recent quips to that thead?

[+Moose Mob]

Good point Mr. Chad. Commentary has been moved to now unlocked thread.

 

We now return to our regularly scheduled updates.

[+bittsen]

Thanks Kayleo for keeping us updated and for seeing this through. I am sure that Repak was hoping the delay would encourage you (and others) to just step away from the whole thing.

 

It's interesting that the DA is going hard line. I find it very encouraging.

[+briansnat]

Thanks Kayleo for keeping us updated and for seeing this through. I am sure that Repak was hoping the delay would encourage you (and others) to just step away from the whole thing.

 

It's interesting that the DA is going hard line. I find it very encouraging.

 

Even if the guy pleads down his case or is found not guilty, permit me to take delight at the inconvenience and embarrasment this has caused him and the money he's had to shell out for his attorney.

[Andronicus]

Someone in another thread recently was coplaining about a local cache theif. Maybe this case will help reduce cache theiving, and maybe even give other law inforcement some encouragment to chase these guys.

[+Anno Lynke]

Kayleo

Thanks for keeping us updated.

I was wondering if you had the chance to talk to the DA and tell him you side before the trial

 

Moose Mob

Thanks for keeping this quip free

I made my first post to the other thread when I saw it was open asking the outcome

and got a snarkie reply

[ad5smith]

Thanks for the update Kayleo. interesting stuff!

[+thedeadpirate]

Today is the next milestone in the case. Just bumping it back to the top awaiting info from Rome.

[+spoggy298]

I'm looking forward to seeing if there has been anything resolved today, or if there will be another postponement.

[+joranda]

I am just wondering how much this is going to cost the tax payers. Plus what the judge will say after he or she composes themselves after reading the case.

[+Johfra]

Paul Repak received an ACD (Adjournment in Contemplation of Dismissal). If he does not commit (or alleged to commit) these types of crimes for six months the case is dismissed. The judge used the word alleged by the way, that is not my opinion.

We tried to talk to Repak after the trial and he became very agitated almost on the verge of crying (my opinion). We just simply asked why? He first said talk to my lawyer, then said that the notebook (my log book from the cache he had stolen two years ago) was on a public trail. That was it.

On a side note not a single cache has gone missing since his arrest.

Edited April 16, 2010 by Johfra

[Chumpo]

Thank you for keeping us informed. It is much appreciated.

 

It looks like you guys can go back to caching without ever having to worry about this guy again. Congratulations for catching him!

[+spoggy298]

Thank you for taking the time from your schedule to see this thing through. I haven't even scratched the surface of this game yet, but understand how terribly frustrating it must have been for the entire Geo-community up there for the last few years. Hopefully, Paul will reach out and try to make ammends for the damage he has done now that everything is in the open.

[knowschad]

I am just wondering how much this is going to cost the tax payers. Plus what the judge will say after he or she composes themselves after reading the case.

Approximately as much as if the judge and DA sat in their offices doing nothing all day long. Why? Have you got a problem with our officials actually earning their living?

[+TheAlabamaRambler]

Sad story. Glad it's over.

 

Is an ACD what I've heard of as a suspended sentence?

 

Does the ACD mean that he pled or was found guilty? I don't know the law but I think you have to be found guilty to receive a punishment, even a suspended one.

 

Or is an ACD a warning... whether you did it or not, go forth and sin no more?

 

Can you (or anyone who knows NY law) elaborate on what was said about "If he does not commit (or alleged to commit) these types of crimes for six months the case is dismissed."

 

Surely his future can't depend on no one alleging that he stole another cache?

[knowschad]

Paul Repak received an ACD (Adjournment in Contemplation of Dismissal). If he does not commit (or alleged to commit) these types of crimes for six months the case is dismissed. The judge used the word alleged by the way, that is not my opinion.

We tried to talk to Repak after the trial and he became very agitated almost on the verge of crying (my opinion). We just simply asked why? He first said talk to my lawyer, then said that the notebook (my log book from the cache he had stolen two years ago) was on a public trail. That was it.

On a side note not a single cache has gone missing since his arrest.

Interesting that you saw possible signs of remorse, or at least regret, in his face. I hope that's the case. I guess I am a bit surprised at the six month time period, considering that this "alleged" theft has been "allegedly" going on for ten years, though. But he is an intelligent man... I suspect he has learned his lesson and probably has paid a very steep cost in attorney fees and personal grief, at the very least. Probably some degree or another of shame, as well.

[+Johfra]

"Is an ACD what I've heard of as a suspended sentence?"

 

A suspended sentence is if a person was found guilty and the sentence was say 6 months in jail, or community service, or a $100 fine....the 'punishment' would be suspended. or would just not be handed out....he would still have been guilty just not 'punished'.

 

"Does the ACD mean that he pled or was found guilty? I don't know the law but I think you have to be found guilty to receive a punishment, even a suspended one."

 

ACD means the case is just adjourned (or on hold) until October 16th (in this case (judge set date in court)). If he does not commit a similar crime (or crimes in this case) then the case just disappears as if nothing happened. If he say gets arrested for stealing a cache then these two charges plus any new ones would be tried in court.....the case would go on.

 

"Or is an ACD a warning... whether you did it or not, go forth and sin no more?"

 

Yes.....it's a do-over.

 

"Can you (or anyone who knows NY law) elaborate on what was said about "If he does not commit (or alleged to commit) these types of crimes for six months the case is dismissed.""

 

I'm not a lawyer, but I'm pretty sure it means just getting arrested for a similar crime means that this case goes on.....meaning he doesn't have to be found guilty before the adjournment is cancelled.

Edited April 17, 2010 by Johfra