MARY RAIN please read
Posted in the Potsdam Forum
#1 Nov 7, 2013
As I write this, I am hesitant to tell Mary congratulations as the race has yet to be determined. Although the race will most likely be unaffected by the absentee ballots, I will keep the congratulations to myself for now.
But lets assume that Mary is our new District Attorney for St. Lawrence County. I have a few questions for her.
1. WHAT ARE YOU GOING TO DO TO SOLVE THE GARRETT PHILLIPS CASE?
--We all know the case is still in the hands of investigating officers. Will you bring a circumstantial case to trial knowing that it will be very difficult to get a conviction? What will you do differently? The greater police community supported Duve and your tactics of "being at every crime scene" and taking control based on your limited police experience from years ago will only further the gap in the relationship with the police. What are you going to do?
2. HOW WILL YOU MAINTAIN GOOD LAWYERS AT LOW PAY?
--With a legislature that fired you two years ago and a county administrator that does not like you, how will you secure funds to create higher pay for your lawyers. SLC has always been a revolving door for its lawyers. They get their feet wet and they are gone. When lawyers are making $50,000 a year at best compared to a starting trooper at $75,000 a year or a starting village officer at $45,000 a year, how will you keep good help?
3. ALONG THE SAME LINES AS QUESTION 2, HOW WILL YOU IMPLEMENT PAPERLESS TRANSMISSIONS OF PAPERWORK TO YOUR OFFICE FROM POLICE AGENCIES.
--This is a very costly move. How will you secure the funds for such an endeavor? How will you persuade the legislature to give you this money?
4. ONE OF YOUR MAJOR POLITICAL GOALS WAS TO PUT MORE PEOPLE IN JAIL. HOW WILL YOU DO THIS?
--You blasted Duve for plea bargaining "all the time." You yourself, when you got overwhelmed in the public defenders office, sent motion after motion in each case to gain more time to work on them. So many motions in fact, that you got scolded by Judge Richards for "bogging down" the criminal justice system. How will you handle all of your cases by taking most of them to trial? With a limited amount of lawyers and a large county to cover, how will you do this? Secondly, with the housing of more inmates, it creates more of a cost to the county to house them out. If you are successful in putting more people in jail, how will you keep the legislature off your back when these costs come to light?
5. ON TUESDAY NIGHT, YOU WERE SEEN CELEBRATING WITH WAYNE OXLEY. ADDITIONALLY, YOU HAD A REGISTERED SEX OFFENDER WORKING ON YOUR CAMPAIGN STAFF. DO YOU FEEL THIS IS APPROPRIATE BEHAVIOR FOR A DISTRICT ATTORNEY?
-- Please answer this truthfully....
#2 Nov 7, 2013
The above post is one of the most intelligent tjing I've read regarding the election. Please send this to the Courrier. I would love to hear Rain reply to this.
#5 Nov 7, 2013
Well I think this is great. Ill be waiting for the answers.
#6 Nov 7, 2013
Fat chance,there is double whammy in effect here.Lawyers are liars and so are politicians.
#7 Nov 7, 2013
The questions above are not intelligent and I will detail why below.
1) DA's do not solve cases, detectives and investigators do. DA's prosecute cases based on evidence that is collected by the agency, in this case, the Potsdam Police Department and the State Police. If they're incompetent then that's another issue. But what she can do is make sure the investigatory arm isn't sitting on it's hands, isn't bungling the case, is following up on leads and she can stay in touch with the family to let them know they're not forgotten. It's a high profile case and the Potsdam Police aren't well versed in handling murders. Mary Rain has prosecuted several. Her expertise can be more than helpful.
2) Maintaining good lawyers at low pay is a hardship any DA has to do regardless of who they are. As for the legislature firing her, they also had to pay her $25k for doing it because they wrongfully fired her. Big difference. If a county administrator is an a$$hole, it's not the job of a DA to let the people of St Lawrence county down to appease that admin or anyone else. The money issue is not a Mary Rain problem. Its a low tax base problem.
3) The legislature needs to find the money to save the county money in the long run. One way would to be not spend it where it isn't needed. Again, this is a legislature budget problem. Not a Mary Rain problem. Its the legislatures job to be adults and good stewards of taxpayers money and see the savings for the county in the future.
4) Nicole Duve' undoubtedly plea bargain a disproportionate amount of felony cases down severely reduced times when the offenses called for much steeper sentences. Duve's last month in office saw at least 3 cases plead down that outraged the majority of voters. Look them up if you missed them. If the legislature would've had an issue taking those cases to trial, they could explain it to us.
5) The last question is baseless hearsay and rumoor trumped up by a sore, staunch Democrat who so badly needs to villanize the winning challenger that they'll make anything up or believe the most outrageous thing they hear.
None of these are valid or serious questions. They're sore loser questions.
#8 Nov 7, 2013
That is the best Topix post ever!!!!
#9 Nov 7, 2013
Front towards enemy.....your responses are not only ignorant but sound like they are laying the foundation for an administration that is going to use excuse after excuse. Are you the mouth piece for Mary? Why not let her answer.
Mary built her campaign on the Phillips case. It isn't solved but Mary said she was going to get it to court. So you didn't answer my question. What will she do. You are right, police solve crimes and its not solved. Could years before it is but she promised it would be brought to court. People will be watching.
You better prepare yourself for the massive backlash when Mary performs as she did when she was fired by the legislature. If she was any lawyer of common sense and was fired without just cause, she would have sued the county for way more than the 25000 given to her. That was severance pay for cutting her contract. You better get the facts straight.
So are you her mouth piece??? What a loser.
#10 Nov 8, 2013
#11 Nov 8, 2013
Hmm, typical sore loser Democrat. You lack the intellect to debate like an adult so you're immediate response is to scream and call names. It never fails.
My friend, it's you who's being unreasonable and mischaracterizing what Ms. Rain said. You're putting words in her mouth. She simply said circumstantial evidence can sometimes be seen as equal to physical evidence. Please show me the tape or article where Ms Rain unequivically said she would bring the Phillips case to court. In fact, in all your searching you won't be able to. You don't comprehend what a person says. You hear what they say and extend it to mean what you want it to mean. In fact, it's right here. Ms Rain isn't privy to all the facts. She's giving an educated view of circumstantial evidence.
Also,$25,000.00 isn't, "severence pay" you lunatic. It's a recognition for wrong doing. The county did wrong by Ms. Rain and that's the amount Ms Rain settled for in taxpayer dollars. She knew a higher amount wouldn't hurt the legislature. It would hurt the county taxpayers.. and she was leaving to persue the DA position which she eventually won anyway.
You're angry, bitter and probably ugly.
#12 Nov 8, 2013
I for one am proud to admit that I voted for Mary Rain, but with much hesitation. I believe that our county DA's office was stagnate - not headed in the right direction. Therefore, why not give the challenger a chance! But as I read this thread, I agree with Tax Payer. I also agree, to some extent, what Front Towards Enemy is saying. But I do admit that he or she is grossly wrong on a few items.
I agree that Rain is going to have a hard time living up to her words. A legislature that does not like her, a county administrator that does not like her and a county court judge that was behind, in some ways, in getting her dismissed from the public defender's office, is not a good start. Add in the fact that local law enforcement does not like her, it makes for one hell of an uphill battle for her. I think she has more balls than Duve and her ego will certainly help her along the way but she has a tough road ahead of her.
Second, you are dead wrong on the $25,000 pay off. Whether you call it a severance pay or not, she was let go from her position. To say that a higher amount would hurt the tax payers is a major cop out and makes you look like Mary herself or like what someone else said, her mouth piece. Lets be real here, the county has insurance for law suits so to say it would adversely affect the tax payers is dead wrong. After the campaign she waged, I doubt that even would ever cross her mind.
As a friend to many in the SLC legal circles, everyone I have talked to said the Phillips case is one of SLC's most "fascinating cases". Not that it is meant for entertainment but the fact that is a major criminal case with little evidence. If Rain takes this case to trial on circumstantial evidence and looses, that will be the end of her career here in this county. I would only assume that she is smarter than that. But on the flip side, for those who thinks that law enforcement is what is seen on TV, she better not sit idle or she will never serve another term. Again, a hard road ahead of her.
As for plea bargains, Duve was way too soft. But Mary did make motion after motion to bog down the system and take time on her hundreds of pending cases while she was in the public defenders office. This is basically the same as Duve pleading everything down. Mary better have a plan in action and good staff or she will be relieved of her duties again.
As for their pay, she is going to have a battle there. Good luck keeping people.
I am not trying to argue and I supported Rain. Out of both candidates, Rain was better. Unfortunately, both are really not good for SLC. We will see how it goes. I think you write well Front but your opinions are clouded and need some research.
#13 Nov 8, 2013
I'm no ones mouth piece. I would feel the same way for Ms Duve' if the she were expect to face the same obstacles you're saying Ms Rain is going to have to face.
For instance. An adverse legislature, county administrator and police force? They are there to do a job. Serve the county tax payers. Not get back at the DA whether its Mary Rain or Nicole Duve' and if they do they should face ethics violations and / or disciplinary actions of they're LEO's.
As for the $25k, I stand by my statement. It does matter if it was severance or not and it clearly wasn't. Obviously an arbitrator felt Ms Rain was wronged and judged in her favor and against this county legislature and administrator etc. If that's where the animosity you expect is coming from then they should've learned their lesson from that case and get on with the business of the people of St Lawrence County and drop their petty personal vendetta's.
As for the Phillipp's case, I do hope Ms Rain can bring a fresh set of eyes it. If she can't bring it to trial. She can't. Once again, via the link I provided she never, ever promised she would. She never claimed to have inside information. She simply said that you didn't need to have absolute open and shut physical proof or and admission. She stated that in some cases, circumstantial proof is as good as physical proof. I repeat, it's in the link I provided. If you have a different link where she states she has special knowledge of the case and would bring it to trial based on what she knows, then provide the link as I did. Otherwise, you're simply mis-characterizing what she said for your own benefit or simply too dim to comprehend what was said.
My issue with Ms Duve' wasn't the Phillips case. I give her the benefit of the doubt, however her handling of the campaign stop and rushing out before Garrett's mother could come to the door was deplorable.. my issue with Ms Duve' was seemingly clear cut felony cases being plead to sweetheart deals with little to no jail time and lots and lots of excuses as to why she couldn't do her job. It seemed very unprofessional.
#14 Nov 9, 2013
Great! A new political target. Mary stepped in to her own political lies and tricks. You can not build enough jails and prisons to support all criminal behaviors. It is already breaking the system. I look forward to seeing her becoming stressed and looking for the door once again. She is a quitter, whiner, and will stand on the graves of the victims as her inability to convict will speak for her.
Had Enough? We are just getting started.
#15 Nov 11, 2013
Front Toward Enemy -- you have twisted the truth greatly. Legally, Mary Rain would not have been paid $25k for a "wrongful termination" because doing so would have been an admittance of a wrongful termination, and the consequences of that would have been tremendous. That $25 was a go away payment and here's what we are willing to do to get you to do it (and give you some pin money so you can go find another job). It also helps prevent her from seeking a wrongful termination suit based on her protected status, a case that even though she would probably have never won based on the merits, would have tied up resources unnecessarily.
If Garrett's case needed fresh eyes, I would think we would want fresh eyes that were more competent than Duve, not less. Nicole was methodical, patient, meticulous, and had the respect of those with whom she worked. That is not the case with Rain. And sure, you can bring a case to trial with circumstantial evidence, but you can't always win. If she does this in haste, and she fails, she dooms that case and denies justice int he end.
And finally, the version of the "rushing away from Garrett's mother" is one person's version. Nicole had no ability to defend herself in the press over that ridiculous hijack of a facebook post that made the news. Pitting herself in a she-said/she-said confrontation with the mother of a dead child was a no-win for her. But those of us who know her version of the story, know that what was presented was not exactly accurate, though it sealed the fate of the race in the end and we are left with a woman who lacks professionalism and is at best impulsive; at worst, dishonest and reckless.
The first post was brilliant. I wish "a local taxpayer" would have moderated a news conference with the two before the election. Then maybe we would have had a far better result.
Sadly, it sounds like Front Toward Enemy was shaped by the media, or she is a Rain supporter and likes to mold the truth her own way in her own version.
#16 Nov 11, 2013
This was a public election.... You can say the voters got it wrong... But the fact of the matter is, rain got more votes. More people wanted her to be DA... This is America, we have democracy... You can complain all you want, sometimes the person you vote for isn't the same person that a majority of the community votes for.
I wasn't impressed with either candidate, but hey, it's a hard job and no one posting on this site could have done a better job than Duve. Also, I'm sure rain will be a fine DA. However, everything she does will be user a microscope, and I'm willing to bet people are waiting for her to screw up just so they can drag her name through the mud because they're still bitter from the election results
#17 Nov 12, 2013
You're helplessly diluted. The county wouldn't hand Mary Rain $25k for no reason. We aren't in the financial state to be able to hand out that kind of money to encourage nuissances to move along. If they were in the right it wouldn't have cost them a dime. The fact that you're attempting to argue this point is sad.
Your second point about, "competent eyes" clearly exposes your bias. In fact, Ms Rain has prosectue more felonies and more serious felonies than Ms Duve' during her career. It's a matter of public record. It's fact so your opinion of competence when boiled down is just ridiculous anbd once again... sad.
Your third point about the incident regarding Ms Duve's campaign stop at Garrett Phillip's mothers house leaves me speechless. You claim it was one person's portrayal of events? That person being Garrett's mother? And that Nicole Duve' didn't have the chance to respond and tell her side of the story? Uhm, correct me if I'm wrong but what else does a candidate have during a hotly contested political race besides MEDIA COVERAGE TO GET THEIR SIDE OF THE STORY OUT? She chose to stay silent on the incident and to the voters it was because Garrett's mothers version was the truth.
My synopsis of you is that you're a blind supporter of Ms Duve'. Unable to see her many mis-steps during her tenure and during her campaign. There were too many to count. You remind me of the German population during the rise of the Nazi Party.
#18 Nov 12, 2013
The phillips case will conclude similar to the jeremy welsh case..as in.. it won't. potsdam has rent a cops that couldn't solve a cookie mystery. oh..and anyone using a slain fellow north countryman to solicit there race is evil. stop clinging to the past....lets move forward..not back. what can she do for our futures?? Dumping more resources into solving a murder is stupid. move on. lets prosper as a community...not wallow in our past.
#19 Nov 12, 2013
You might not feel like that if it was your child who was murdered!!!
#20 Nov 12, 2013
Front Toward Enemy,
You talk about Duve going to the house of Garrett Phillips mother but you never mentioned anything about Rain NOT KNOWING the Last Name of Tandy during her debate. With the time she spent with her one would think she would at least know her last name.
#21 Nov 12, 2013
I think that's embarrassing for Ms Rain if that happened. I wasn't aware that it did. But in the grand scheme of things, it's minor in comparison to Ms Duve's shortcomings.
If that's all you've got then you were raised on lazy, weaker stuff.
#22 Nov 13, 2013
I am in no way helplessly deluded regarding my observation of the $25k. Of course a government agency/orgs don't simply "hand people money" for no reason -- but they often do, calling it a severance, for a "protected class of persons" to simply go away when they want to fire them. That happens every single day in private industry and the public service sector. Even if an entity is in the "right," this practice of termination with severance is exactly what organizations do to prevent lawsuits that could tie up resources unnecessarily. With all due respect, I have read all the news articles on Rain's history -- it seems she is incredibly capable of blaming others, even if she was let go due to her own under-performance. The $25k is an insurance policy. Happens all the time.
Regarding Duve's visit. You missed the point. It was a no-win for Duve to use the media to try to defend herself or her perception of what happened. To do so, to get engaged in a she-said-she-said with the mother of a dead child, was a no-win for her and her campaign. And, she more than likely didn't want to drag Tandy through that, as unlike Rain -- she didn't resort to using victims for political gain.
The fact you had to throw in a typical Nazi-comparison as your final comment is telling of your own character. I don't mix discussions of politics with comparisons to world atrocities of such magnitude. I find it reprehensible, particularly to the memory of those who lived (and died) in the Holocaust, and I find those who use that form of Ad Hominem not worth the dialogue.
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