Terrorism charge possible against Raucci

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Accused arsonist Steven Raucci could soon be charged with terrorism in Schenectady County, a top level felony that will continue the ongoing effort by prosecutors to keep him in jail, a prosecutor said Friday.

Raucci is expected to remain in jail without bail over the weekend, held this time in Clifton Park on accusations that he put a quarter stick of dynamite on a car on Hatlee Road in November 2006, one of several alleged incidents prosecutors say show a pattern of intimidation.

Schenectady County was preparing the terrorism charge in an attempt to keep Raucci behind bars pending trial, Saratoga County District Attorney James Murphy III said Friday. Murphy gave Clifton Park Town Justice Robert Rybak that information at Raucci’s latest bail hearing.

Details on the new charge and exactly when it would be filed were not immediately available, and Schenectady County District Attorney Robert Carney declined to elaborate. Carney, however, said no such charge would be filed Friday or over the weekend.

The crime of terrorism is defined in state code as “with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination or kidnapping, he or she commits a specified offense.”

A terrorism charge would throw the case to another County Court bail hearing, keeping Raucci in jail and giving prosecutors another shot at denying him release on bail.

But the need for a quick filing of the new charge appeared to fade as Rybak agreed to hold Raucci without bail until a hearing next week, reversing a decision made moments earlier to hold him on $100,000 bail.

Raucci has worked in the Schenectady City School District for 36 years, rising to the post of director of facilities. He was placed on paid administrative leave by the district on Monday. His status, however, has since changed to unpaid, Schenectady City School District Superintendent Eric Ely said. That starts Monday. Raucci also has been president of his local CSEA chapter.

Ely said the change is in accordance with the CSEA contract, but wouldn’t discuss the matter any further, citing the district’s confidentiality policy regarding employment matters.

Rybak agreed to hold Raucci without bail on the condition that a preliminary hearing be held next week. The hearing was scheduled for Tuesday at 9 a.m. in Clifton Park.

Murphy, making an unusual appearance in Town Court by speakerphone, told Rybak that the Schenectady County grand jury has been meeting on the case and is expected to vote on new indictments next week. But Carney said he expected the grand jury to continue work over the next several weeks.

Prosecutors fear reprisals from Raucci against witnesses who have already testified should he be released. They also fear he would flee.

“There’s all kinds of other issues, not only in terms of flight, but also in terms of witness safety,” Murphy told the court. “That’s what Bob Carney is probably most concerned about, some of these witnesses whom he knows have testified against him.”

Carney has indicated witnesses are coming forward, but many fear retaliation from Raucci should he be released.

Murphy characterized the case as a strong one, including admissions from Raucci and testimony from others. Schenectady prosecutors have indicated the presence of recordings where Raucci allegedly made incriminating statements.

Earlier, Murphy said evidence will show Raucci made his plans and built the bombs in Schenectady County and then transported them out of the county in the Schodack and Clifton Park cases.

If he didn’t know his Clifton Park accuser yet, Raucci learned that name Friday with the issuance of an order of protection in the case. Rybak told Murphy if an order was to be issued, the alleged victim’s name had to be on the document. Murphy agreed to add the name and Raucci subsequently signed it.

If he violates the order, Raucci would face a return to jail on no bail, Rybak told Raucci before reconsidering the bail status.

“Do we understand one another?” Rybak asked. Raucci indicated he understood.

Raucci appeared in court flanked by two state troopers. His hands were cuffed to his waist. He looked down for most of the appearance. His wife and daughter attended. During breaks they were allowed to speak to each other, his wife appearing to cry on his shoulder.

Rybak initially set bail at $100,000 in the Clifton Park case after prosecutors asked that no bail be set, while Raucci’s new attorney, Ronald DeAngelus, asked that he be released on the $200,000 bond already posted on charges brought in Rotterdam.

DeAngelus argued that Raucci is a longtime school district employee and had no prior record. His “life savings” were also confiscated by police. Police seized $120,000 in cash from his home last week.

Raucci has been on a week-long odyssey around the Capital Region after allegations he used intimidation tactics and destruction to exact revenge on people he believed had crossed him.

Raucci appeared earlier in Schodack Town Court, where he answered an attempted arson charge there. He was sent over there after he posted a $200,000 bond in Schenectady County.

He remains charged in Rotterdam with first-degree arson, a top-level count, accused of placing an incendiary device at a home there in 2001. The device exploded, damaging a doorway.

Raucci, 60, of Niskayuna, appeared briefly in Schodack Town Court and was released on his own recognizance. He was immediately taken into custody by State Police and taken to Clifton Park Town Court.

The release was required after prosecutors failed to indict him in time for the hearing. Prosecutors also refused to hold a required hearing, for fear of revealing witnesses and putting them at risk, Murphy said later.

He is charged in Schodack with leaving an incendiary device at a Schodack home in January 2007. The home was that of a CSEA employee.

Murphy said earlier the Schodack and Clifton Park cases are similar. “In each case a cigarette was used as the fuse for the explosive device,” he said.

Cigarettes often can provide DNA evidence. Officials, however, declined to disclose whether such evidence existed.

Murphy said it is likely Schenectady County District Attorney Carney will prosecute the cases from all three counties under a little-used statute called effectual jurisdiction.

“It’s rarely used, but in effect it describes how all three cases have common factors,” Murphy said.

Raucci attorney Steve Kouray said after the Schodack hearing that the charges are an attempt to keep Raucci in jail. Raucci posted a $200,000 bond in Schenectady in the Rotterdam case Tuesday, but was swept up by Schodack police on their own warrant.

Kouray suspected the same result would happen in Clifton Park, should he not be indicted.

“Pretty soon they’re going to run out of charges,” Kouray said after the Schodack court appearance where Raucci’s wife and family were also present. Kouray appeared with Raucci in Schodack, but a conflict will prevent him from representing him further, officials said.

Murphy indicated in Clifton Park later that prosecutors were far from running out of charges.

“We can keep going with this,” Murphy said.