Deli shooting case: judge denies accusation of misconduct, refuses to recuse himself from case

By REBECCA BAKER
THE JOURNAL NEWS

(Original Publication: November 29, 2007)

WHITE PLAINS - Prosecutors yesterday accused Westchester County Judge Rory Bellantoni of having an improper conversation with an attorney connected to the 1997 murder conviction of Richard DiGuglielmo and asked the judge to recuse himself from the case.

Bellantoni refused, saying he has done nothing wrong, and blasted Assistant District Attorney Timothy Ward for accusing him of judicial misconduct.

"I'm trying to find the truth here," the judge said.

Ward asked Bellantoni to step down from presiding over a hearing that seeks to overturn DiGuglielmo's conviction for shooting Charles Campbell to death, based on a witness' recently recanted testimony.

Ward accused Bellantoni of having an unethical conversation Tuesday with Debra Cohen, a Dobbs Ferry lawyer who represents the Campbell family, by asking her to file papers voicing the family's concerns. The judge was accused of telling Cohen that if he granted DiGuglielmo a new trial, prosecutors could offer him a charge of manslaughter with time served, ending his sentence of 20 years to life in prison.

"There seems to be an appearance of impropriety," Ward said.

Bellantoni said he was well within his judicial right to ask Cohen to file legal papers and said the manslaughter plea was documented in legal papers on both sides.

Defense attorney Andrew Schapiro questioned why Ward was asking for a recusal the day after Bellantoni allowed the defense to call two witnesses whose testimony the prosecution vehemently opposed.

"Are they worried that this judge is serious about getting to the bottom of things?" he asked. "If they tried to send a message to the judge, it clearly backfired."

Cohen said she wanted to read a transcript of what Ward said she said before commenting on the recusal. She would not discuss her conversation with the judge to a reporter, citing the ongoing proceedings.

The hearing is to determine whether Dobbs Ferry detectives coerced witness Michael Dillon into changing his original story that DiGuglielmo was protecting his father when he shot a bat-swinging Campbell on Oct. 3, 1996.

Four days later, Dillon changed his story to say Campbell was not swinging the bat and was backing away when he was shot. That was his testimony at trial. He never mentioned police pressure until investigators for DiGuglielmo contacted him last year.

DiGuglielmo's lawyers say the recantation and police tactics should be enough to overturn the murder conviction. The prosecution maintains that the jury relied on medical evidence and numerous witnesses besides Dillon.

Bellantoni decided to allow witnesses Kevin O'Donnell and Jimmy White to discuss whether police also pressured them to change their original statements that the shooting appeared justified.

DiGuglielmo's attorneys said a woman who answered the phone at O'Donnell's Florida home said he wanted nothing to do with the case and asked to be left alone. Because O'Donnell lives out of state, he cannot be forced to testify here.

DiGuglielmo's lawyers said White has agreed to testify but needs a few days to make travel arrangements from Florida. Bellantoni told them to have White in court on Monday.