Thursday, October 6, 2016

Sullivan County Judge Frank Labuda has taken a forced leave pending criminal investigation into a possible assault with the use of an ATV

There are bizarre news - and there are even more bizarre news.

I appeared in front of Sullivan County (New York) Judge Frank Labuda as a criminal defense attorney.

Here is Judge Labuda's photo:




He was tough, but I cannot say he was unfair.

And, even though I did not appear in front of Judge LaBuda often, so my experience is limited, I never saw him lose his temper.

That's why I perceived the news that Judge LaBuda took an "annual leave pending investigation" - a criminal investigation - into his brother's complaint that Judge LaBuda allegedly ran over his brother in an ATV as extremely bizarre.

Of course, as every criminal defendant, Judge LaBude is entitled to a presumption of innocence, and we will see how the case will unfold.

And, reportedly, Judge LaBuda maintains his innocence and that it was an accident, while his brother insists that it was intentional.

Peter LaBuda reportedly suffered a broken legs and several broken ribs.

The Sullivan County DA requested New York State Attorney General to investigate as a special prosecutor.

Yet, there will be a pronounced conflict of interest in such an investigation, since New York State Attorney General is, by statute - Public Officers Law 17 - an attorney for all State judges, including judge LaBuda.

The interesting detail is that Peter LaBuda's girlfriend, "lawyer Cheryl Beverson, has sought orders of protection on his behalf, filing in Delaware County".  Cheryl Beverson is of Middletown, New York.




It is unclear why the filing was done in Delaware County if the incident occurred in Sullivan County.

Peter LaBuda and his girlfriend/attorney Cheryl Beverson claim that the Sullivan County Sheriff's office intentionally did not collect the necessary evidence - they allegedly allowed Judge LaBuda to leave the scene of the incident and did not verify whether Judge LaBuda has been drinking.

Reportedly, Peter LaBuda's daughter (and Judge LaBuda's niece) witnessed "the events".

It is interesting to see whether investigation of a judge will be conducted fairly or will be swept under the rug.  Part of it already was - since the judge was not properly processed at the scene, and the local police refused to require a Breathalyzer test on him.

Of course, even if criminal charges are not brought against Judge LaBuda, a civil case against him for assault and/or negligence is possible.

I will continue to cover this story.

Stay tuned.










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