Schubert Case Adjourned, Dismissal in October
Judge Richard Runes guided both sides to accept an adjournment of the harassment charges against Robert Schubert. Schubert may resume attending public meetings under terms of new order.
Judge Richard Runes adjourned the harassment charge against Robert Schubert until October 19. If Schubert does not have any further incidents, the violation will be dismissed without prejudice on that date.
When asked why this agreement was not accepted at Schubert's last court hearing, prosecutor Grant O'Donnell said he would not comment on the case.
Schubert's attorney Steven Gaines said he "had no idea why the DA decided to agree to the dismissal" at this hearing. The terms were the same offer made at the last hearing.
Judge Runes also issued a court order that requires Schubert to make an appointment before visiting the offices of city manager Scott Pickup, his assistant Eleanor Militana or Councilwoman Catherine Parker. If granted an appointment, Schubert must bring his counsel Steven Gaines.
Schubert is now permitted to attend all public meetings and participate as any other citizen.
Schubert left court with his wife Rita to go about his usual Wednesday social plans: lunch with a group of friends.
Schubert, whose counsel requested the adjournment, seemed composed and expressed satisfaction with the outcome of the proceedings.
"I believe, as always, that my client has been vindicated," Gaines said. "It has been an honor to represent [Schubert] at this and all proceedings."
His wife Rita summed up the couple's emotions about the series of hearings following the March 18 incident.
"I am satisfied, upset and sad," she said. "It was a waste of time and money."
RyeDad
10:46 pm on Wednesday, July 20, 2011
Perhaps the reason the case was dismissed today was because according to the New York Criminal Procedure Law in order for a Police Officer to arrest someone for a Violation, the violation has to actually be committed in their presence. I don't believe there was anything in this case indicating this occurred.
§ 140.10 Arrest without a warrant; by police officer; when and where
authorized.
1. Subject to the provisions of subdivision two, a police officer may
arrest a person for:
(a) Any offense when he or she has reasonable cause to believe that
such person has committed such offense in his or her presence;
Howard Deixler
9:20 am on Thursday, July 21, 2011
I'm surprised and disappointed that you closed comments on the previous article concerning this case and didn't publish my comment. It was, admittedly, critical of you but certainly not abusive. It was a call for civility. My point was simply that your reporting should be a little less Murdoch and a little more Pulitzer.
Renea Henry
9:48 am on Thursday, July 21, 2011
Read the terms of service. I enjoy interacting with the community, but I'm not obligated to allow them to chastise or rant at me. I respond in order to provide information to readers, but it's not a peanut gallery.
RyeDad
2:16 pm on Thursday, July 21, 2011
I read your terms of use policy. I guess the policy of Patch is to do as you say not as you do.
We understand that everyone has different opinions, but Patch will make the sole determination as to whether Content is acceptable for the Service. (Someone has to be in charge, right?) Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
Is inaccurate, false or misleading in any way;
What crime was Mr. Schubert charged with?
RyeDad
9:53 am on Thursday, July 21, 2011
I agree Howard. My recent comments on the previous article as to why she referred to Mr. Schubert as being charged with a crime when he wasn't were censored by Renea Henry and Rye Patch. Hardly Pulitzer like. She also censored my request for her and Rye Patch to issue a correction and apology to the readers and Mr. Schubert.
I suspect Ms. Henry doesn't take criticism very well and is abusing her censorship abilities to coverup the misrepresentations she made about Mr. Schubert.
Censorship is the suppression of speech or other public communication which may be considered objectionable, harmful, sensitive, or inconvenient to the general body of people as determined by a government, media outlet, or other controlling body.
Renea Henry
10:00 am on Thursday, July 21, 2011
Have a nice day, gentlemen.
Nummy
5:04 pm on Thursday, July 21, 2011
Schubert was arrested on a harassment charge after showing up at City Manager office and making references to “obtaining a pistol and causing a 'Tuscon-like’ event.
Howard Deixler
6:37 pm on Thursday, July 21, 2011
I don't think you could fairly construe any thing I've said to you as a "rant". I challenge you to publish it in its entirety and let your readers decide.
OK, I'm done.
Good bye and enjoy your "reporting" unimpeded by my comments.