The New York State constitution charges the District Attorney's Office with the responsibility of prosecuting all crimes in Onondaga County, however, I believe in doing far more.
Not only must we punish the guilty, but we must protect the innocent; not only must we convict an abusing spouse, but make sure all citizens can live in a safe environment; and not only must we put violent predators behind bars, but make sure our children are prepared to live productive and crime free lives.
If you have any questions or comments, please contact my office at 315.435.2470, or e-mail us at daweb@ongov.net .
"The office of the District Attorney is responsible for all criminal prosecutions in Onondaga County and works in conjunction with all the law enforcement organizations in the boundaries of the County to investigate any criminal felonies or misdemeanors."
March 29, 2010
The Post Standard
Letter to the Editor
Clinton Square
Syracuse, New York 13202
To the Editor:
Let me do something completely out of character for me and stand up for a fellow member of the Bar who happens to be, on occasion, a criminal defense lawyer. Recent media reports have publicized the affirmance of the conviction of James Carncross for the homicide of Trooper Craig Todeschini. (Incidentally, this makes twelve jurors, one trial judge, five Appellate Division justices and seven Court of Appeals justices who have found the evidence against Carncross overwhelming. To some, the tally of twenty-five to zero is still too close to call). Those reports have in some instances focused on the conduct of attorney David Savlov and his decision making in representing Carncross in the days following the trooper's death. His actions were referred to in the defendant's appellate brief as "ineffective assistance of counsel," a legal term of art which basically allows appellate counsel to trash another lawyer in the highest ethics of the profession in one's missionary zeal to get the client a new trial.
Now that the case has finally been put to rest, let me tell you what really happened. In the interests of full disclosure, let me say that I know Dave Savlov, I consider him a friend, but by no means are we especially close. He is a gentleman, an extremely competent lawyer and I would consider him "old school" in that, like an Ed Gerber or an Emil Rossi, when Dave says something and shakes your hand, I can take it as a done deal.
After Trooper Todeschini was killed in the line of duty, I fulfilled a promise I made eighteen years ago to personally get involved in any case involving death or serious injury to a police officer killed or hurt while doing his or her job. After several days of intense State Police investigation, suspicion fell on James Carncross as being the driver of the vehicle that led to the chase that ultimately resulted in Trooper Todeschini's death. Within hours of that fact becoming known, I believed I had enough evidence to prove beyond a reasonable doubt that Carncross was in fact that driver.
At about that point in the investigation, attorney Dave Savlov entered the proceedings as Carncross' attorney and informed the State Police of his representation and that he would not allow any further interviewing of his client absent his presence, a request that the State Police honored. Up to that point, Carncross had (shockingly) lied to the State Police and not only denied he was the driver, but cowardly attempted to implicate a friend.
It was in these early stages of Carncross' prosecution that attorney Savlov approached Assistant District Attorney Brian Lauri and began negotiating for his client. ADA Lauri, at my instruction, informed Mr. Savlov that the District Attorney always looked more favorably on a defendant willing to man up and come clean and show remorse about his conduct than he would at some sniveling liar. He further advised Mr. Savlov that in light of the fact that Carncross was already on felony probation, a State prison sentence was more than likely regardless of what happened to the homicide charge. Weighing those factors and listening at length to Mr. Savlov's arguments, I decided, with the Todeschini family's permission, to make an offer to the defendant that was exceedingly fair and far less than the sentence he is now serving, provided he take responsibility and show some remorse for his outrageous and criminal conduct. Evaluating this, and knowing that the defendant absolutely would eventually be exposed as the driver, attorney Savlov made a tactical decision to allow his client to give a statement. Mr. Savlov is now being called "ineffective" because despite his recommendation the defendant not only rejected the offer, but hired new counsel and went to trial and to this day is clueless about the true nature of his conduct.
The courthouse "buzz" from those lawyers who haven't tried a case since Roosevelt was President (that’s Teddy, not Franklin) is that Dave Savlov somehow deserves scorn for his actions. Have we gotten so bad as a legal community that a lawyer who urges a client to be truthful and responsible in return for a degree of leniency is labeled "ineffective"? Please ask Mr. Carncross eleven years from now whether he still thinks his first lawyer did such a lousy job.
Sincerely,
WILLIAM J. FITZPATRICK
ONONDAGA COUNTY DISTRICT ATTORNEY
WJF/mac
