NEW CITY – An Orange County man is accusing the Rockland sheriff and district lawyer of conspiring with the state password company to illegally jail him with out due course of, after he served his federal jail sentence.
Philip Aurecchione, 36, of Newburgh filed a federal civil rights lawsuit claiming his constitutional rights had been violated when the sheriff’s officers detained him, took him to the county jail, and later transferred him to the state jail. Aurecchione’s lawsuit claims he was denied the proper to an lawyer, to problem his arrest and detention in court docket, and to defend himself.
He was detained on June 1, 2021, 11 months after Rockland prosecutors had been denied an arrest warrant by Rockland County Decide Kevin Russo to return Aurecchione to jail. Prosecutors and state password claimed in his preliminary launch, is Feb. 25, 2020, was untimely on account of what they known as a calculation error by federal officers, in accordance with the lawsuit filed earlier this month within the U.S. District Court docket in White Plains.
He spent greater than three months incarcerated earlier than a court-ordered launch on Sept. 9, 2021, the go well with stated. He is in search of $ 5 million in punitive damages, a declaration he served his sentence and authorized charges.
“Our consumer was handled unfairly and inhumanely,” lawyer Robert Barchiesi stated Tuesday of the go well with filed June 1. “Throughout a time when prisons had been releasing on account of COVID issues, and decreasing the jail populations, our consumer was positioned again in custody, confined throughout extra outbreaks, the place he was remoted for weeks at a time at each the county jail and the Downstate Correctional Facility. “
When requested Tuesday to clarify the arrest and his workplace’s position, Rockland Sheriff Louis Falco responded, “This can be a pending authorized matter and as such the sheriff’s workplace doesn’t touch upon pending litigation.”
Rockland District Legal professional Thomas Walsh and his spokesperson Peter Walker didn’t reply to an e mail request to remark.
The New York State Workplace of Corrections and Group Supervision, previously Division of Parole, had no touch upon pending litigation, spokesman Thomas Mailey stated in a written remark.
Based on the go well with, Aurecchione was arrested on state and federal costs.
He was sentenced by a United States District Court docket, Japanese District choose to 2 concurrent 18-month phrases of imprisonment on Sept. 26, 2019.
On Feb. 5, 2020, after pleading responsible to a state cost of third-degree prison possession of a weapon, Aurecchione was sentenced to 2 to 4 years, to run concurrent with an earlier federal sentence, in accordance with the go well with.
On Feb. 25, 2020, he was launched from federal custody. The go well with claims Aurecchione was given “time credit for all intervals throughout which he was in custody in each the state and federal circumstances together with good time credit and benefit eligibility launch dates.”
He was not, nonetheless, taken into state custody at the moment to serve the remaining portion of his state sentence because of the failure of the Rockland District Legal professional’s Workplace or Rockland Sheriff’s Workplace to position a detainer or maintain, in accordance with a Supreme Court docket choose’s resolution.
Over the following 15 months Aurecchione “reestablished his life, obtained gainful employment, housing, and remained freed from any crimes of incident.” The go well with claims throughout that point he was being surveilled by Rockland officers, main finally to the June 1, 2021, arrest “with out a warrant or possible trigger on the idea that he nonetheless owed time is his prior” conviction.
The go well with claims after spending time within the Rockland jail, Aurecchione was transferred to the Downstate Correctional Facility in Fishkill “with none new orders of dedication.”
Barchiesi stated Aurecchione was by no means taken earlier than the court docket, nor suggested as to why he was being held.
“He was denied his most basic rights to due course of, and as a tragic consequence of those officers’ actions misplaced all the pieces he was working onerous to rebuild,” the lawyer stated.
Aurecchione’s attorneys sought a number of habeas corpus actions at each the state and federal ranges earlier than “we lastly received his launch and eventual discharge from custody and any additional supervision,” Barchiesi stated.
Barchiesi stated the state Legal professional Normal’s Workplace challenged the habeas corpus request, Barchiesi stated. Aurecchione was then positioned beneath password supervision in September 2021 to moot the habeas reduction sought.
The go well with additionally asserts a choose awarded Aurecchione time credit score for the 15 months he was out of jail, but it surely was not acknowledged by the Workplace of Corrections and Group Supervision.
After his launch into supervision, parole officers prohibited him from dwelling along with his girlfriend, driving and getting a industrial driver’s license, making it troublesome for him to work, Barchiesi stated. He was formally launched from parole on Might 11.
The lawsuit asks for a jury trial, at the very least $ 5 million in damages, and lawyer’s charges from the Rockland authorities and state.
They’re additionally demanding the court docket subject a short lived restraining order and launch Aurecchione from the custody and supervision from the Workplace of Corrections and Group Supervision; and declare Aurecchione served his sentence.
“Following his launch from the federal custody, our consumer was working onerous to rebuild his life, and suffered irreparable and appreciable setbacks because of the conduct of the officers concerned on this case,” Barchiesi stated.
Steve Lieberman covers authorities, breaking information, courts, police, and investigations. Attain him at email@example.com. Twitter: @lohudlegal. Learn extra articles and bio. Our native protection is just attainable with assist from our readers.
This text initially appeared on the Rockland / Westchester Journal Information: Newburgh man claims false imprisonment, sues Rockland, NY