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A West Chazy man
avoided a retrial by pleading guilty to manslaughter for driving
drunk and killing a jogger in Essex County in 2006.
26 year-old Steven
Baker is expected face two and a third to seven years in prison in
the death of Albert Montanaro III.
Montanaro was killed
after being struck by Baker’s car while jogging along Route 373 in
the Town of Chesterfield.
Baker had been
convicted by an Essex County Court jury of second-degree
manslaughter, second-degree vehicular manslaughter, driving while
intoxicated and aggravated unlicensed operation.
But the Appellate
Division of State Supreme Court overturned his convictions, finding
prosecutors failed to show proof at trial that a device used to
measure blood alcohol content was properly calibrated before it was
used to test Baker’s blood.
The appeals court
ordered a new trial and sent the case back to Essex County Court.
But, before the
retrial could occur, Baker appeared in court last week to plead
guilty to manslaughter, according to a report in the Plattsburgh
Press-Republican. He also waived his right to appeal as part of the
plea agreement with Essex County District Attorney Julie Garcia.
Garcia argued in
court that Baker be required to speak to the Montanaro family and
tell them what happened on the day their son was killed.
But Judge Richard
Meyer reportedly said Baker had already testified during the trial,
making the statement unnecessary.
He also granted a
request from Baker to delay sentencing until September so he could
be with his daughter when she goes to school.
The Montanaro family,
which wanted a trial, was reportedly angered by the agreement.
“There was no truth today,” Nora Montanaro, Albert’s mother told the
Press-Republican. “He (Baker) didn’t tell us what happened.”
The family was also
upset that Baker’s sentencing would be delayed. “He admitted to
manslaughter and he gets a summer vacation,” said Mrs. Montanaro.
-Chris Knight, 7-7-08
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