The Walter Wood Jr. Rape Case

To begin with, Mark says this: "
This is a tough case for a DA to explain, why the DA's office couldn't find the time in six months to indict a case involving rape and sexual abuse. You'd think that the first thing Mr. Hartnett would have done, on taking over from Mr. Jewett in early 2004, would be to see what major cases might be running into speedy trial issues and needed to be dealt with fast. This isn't one that a DA would want on his record."

In May 2004, the defendant was indicted for Rape in the Third Degree and Sexual Abuse in the First Degree, both felony sex crimes.

The District Attorney's Office failed to indict him promptly after his arrest in September 2003.

The case was then dismissed by the County Court Judge for failure of the District Attorney's Office to indict him promptly, in violation of the defendant's right to a speedy trial. That meant the case was over, and the defendant, who a grand jury thought was guilty after looking at the evidence, got away with rape and sexual abuse. He can never be prosecuted again on those charges

MARK SUBEN WOULD have indicted this sexual predator, within the six months time that the law requires.
There is simply no excuse for releasing a probable sexual predator back on the streets because the DA didn't find the time to indict the case, or didn't know he was running out of time.

Mark knows that an important case like this should receive his immediate and full attention. One of his first official acts will be to review major cases in the office that are in danger of being lost like this, and take steps to prevent it.