Mike Arcuri/Desiree Case: Unresolved ...
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Lewiston, ME

#44 Nov 3, 2010
bull wrote:
February 13, 2004
Section: Local
Page: 1B
Moran wants DA disqualified from case
Letrell Crittenden
Connection to civil suit cited
UTICA - Rome attorney and drug ring suspect Robert P. Moran Jr. wants the Oneida County District Attorney's office disqualified from his felony drug case, citing a conflict of interest due to his potential participation in a $6 million lawsuit against Michael Arcuri's office.
Moran's attorney J. Kevin Mulroy filed motions with Judge Michael E. Daley Wednesday saying the office may have prejudice against his client, because he provided information to the attorney of Joseph Smith, the man wrongfully convicted in the murder of Desiree Case.
Arcuri is now a subject in the $6 million suit filed by Smith, and Mulroy said that makes the DA and his office prejudiced against Moran, who faces multiple felony charges in connection with a methamphetamine ring that operated in Oneida and Herkimer counties.
Daley is scheduled to rule on the motion March 10.
Accusing Moran of trying to influence his case through the media, First Assistant District Attorney Scott McNamara said the statement by Moran and Mulroy has no merit.
"Mr. Moran's prosecution has nothing to do with Mr. Smith, period," McNamara said.
According to the motion papers, which were provided by Moran, the suspect told Smith's attorney James R. McGraw that he "personally witnessed" an interview between the Utica Police Department and his client, Laurie Mallozzi, in which Mallozzi, Case's former roommate, told investigators that it was "common knowledge" someone else killed the teen.
That was among several interviews that never reached McGraw prior to the trial. Those interviews provided the basis for the dismissal of Smith's charges.
On Oct. 15, the Observer-Dispatch reported that Smith was suing Utica police and the District Attorney's office.
The next day, Moran, who was out on $100,000 bail, was placed back in jail.
The District Attorney's office said Moran was jailed because he posed a greater flight risk due to new weapons charges.
Within the motion papers, Mulroy claimed his client was jailed over the suit.
"The message intended by District Attorney Michael Arcuri was blatantly obvious," Mulroy said in the motion. "(T)here is a conflict of interest as well as prejudice against the defendant Moran."
Speaking on behalf of the office - Arcuri has been off due to the recent death of his father - McNamara said Moran isn't being treated any differently than any other suspect.
There is precedent for removing district attorney's offices from cases, one legal expert said.
Michael T. Kelly, chair of the New York State Bar Association's criminal section and an attorney in the high-profile case of former basketball star Jayson Williams, said special prosecutors have been called in to try cases in the past, based on conflict of interest.
He doubts, however, that Moran's case meets the standard for such a disqualification.
Busted at 19 for weapons says a lot about the character of the informant! He would have gone to prison the first time had it not been for Ken Ray!
So, since he was an informant, what kind of informant was he? I am sick and tired of people like these Morans cry they hate Arcuri!
Where in this article does it say anything about anyone being an informant?? Hallucinating again? I also find it humorous that you keep mentioning "when he was 19, when he was 19!" Way to stay on top of things sweetheart, bring up news from almost 40 years ago.

New Hartford, NY

#48 Oct 29, 2013
Must be about 13 yrs since this tragedy. Remember it was around Halloween. Feel sadness when I drive by the parking lot area where the house was. I speak as I drive by telling her she has not been forgotten. Didn't know her but did see her around.Different opinions from people, I feel the two that were charged were the ones.

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