Saratoga Springs officials seek dismissal, attorney fees in court proceeding

SARATOGA SPRINGS — Saratoga Springs Mayor Ron Kim and Public Safety Commissioner James Montagnino want a Saratoga County-based Supreme Court judge to dismiss what they deem another frivolous lawsuit attempting to ban them from discussing a shooting that took place on Nov. 20 downtown.

In the Nov. 20 incident, Saratoga Springs police officers shot a man numerous times after he failed to lower his weapon, according to police. Three officers were involved in the shooting, according to court documents. The man, who survived but was badly injured, was identified as Vito Caselnova, an off-duty Vermont sheriff’s deputy. Police have said that Caselnova and a man from Utica were shooting at each other, with the Utica man being struck. He was taken to the hospital along with Caselnova. Both are expected to recover. Caselnova’s girlfriend was also shot and has plans to sue the city, Police Department and officers involved.

Following the shooting, District Attorney Karen Heggen was granted a gag order by Supreme Court Justice Dianne Freestone. Just hours before the case was to be heard in front of the judge the district attorney decided to drop the case and instead filed another proceeding against Kim and Montagnino seeking to further bar them from discussing the ongoing investigation. 

Through their attorneys at E. Stewart Jones Hacker Murphy Kim and Montagnino responded to Heggen’s filing on Jan. 18. Both sides were set to appear before the judge Monday morning, but  Montagnino said it has been rescheduled to Jan. 30. 

Montagnino said two judges recused themselves from the matter and it will now be in front of Freestone.

Much like the gag order request, District Attorney Karen Heggen filed the  proceeding on Dec. 21 requesting that a judge bar the two city officials from releasing or having others at City Hall release any evidence or information in the case and prevent Kim and Montagnino from publicly commenting on the investigation. 

“It’s a very similar argument because the issues are basically the same,” Montagnino said about his and Kim’s response to the lawsuit.

Kim and Montagnino assert that the requests made by the district attorney are too broad because they are not part of the grand jury investigation and do not know what evidence or information are part of the investigation.

Kim and Montagnino also argue that by not allowing them to speak at all on the Nov. 20 shooting would  limit their ability as public officials to speak on questions such as preparedness and response to the incident, according to the court filings. 

“It would take away Respondents’ discretion to answer Freedom of Information Law Requests,” court documents state. “It would even bar the Mayor and the Commissioner from expressing satisfaction with or criticism of the investigation. Upon information and belief, no such order has ever been granted against municipal officials.”

The two officials also reiterated their stance for releasing street and body camera footage of the incident in an effort to dispel misinformation that was beginning to unfold on social media following the shooting and to be transparent of police actions. 

“In recent years, other cities have devolved into out-and-out riot after incidents involving shootings by law enforcement,” court documents state. “The mayor and the commissioner made a reasoned, executive determination to share what could be shared to prevent a foothold of toxic information.”

The documents go on to state that while things have settled in the city and city officials have been quiet on the case, officials still need to be able to ponder and determine whether to answer questions that may be raised by the press.

“But circumstances sometimes change, the reasonable expectations of the public sometimes change and a city’s mayor and commissioner of public safety must have the ability to speak to them when they do,” court documents state. 

Montagnino said Assistant District Attorney Al Poremba, who is the lead prosecutor on the case, has been in communication with the police chief. 

“They are preparing the shooting case for presentation to the grand jury,” he said. 

Montagnino on Monday said they are also seeking that the district attorney pay the city’s legal fees for having to retain counsel for both the gag order proceeding and the recent filing in what he called “frivolous conduct” on Heggen’s part.

On Monday Montagnino said he did not have to-date attorney costs. 

“Most law firms bill monthly,” he said. 

Montagnino said he’s expecting to see a bill soon. 

In December the city hired James Knox, an attorney with the law firm E. Stewart Jones Hacker Murphy, at a rate of $400 per hour to represent them in the first gag order case. They are continuing to use the same law firm for the current proceeding.

In an emailed response, Sleight questioned why the Kim and Montagnino would spend taxpayer dollars to “actively try and undermine a grand jury investigation and further expose the city to civil claims of legal liability from those involved?” 

“Common sense suggests that the city should want to work with the District Attorney to make the city safer.”

Sleight also said Heggen will file a reply to Kim’s and Montagnino’s assertions on or before Han. 30 and then Kim and Montagnino will have to reply again on or by Feb. 2.

Categories: Email Newsletter, News, News, Saratoga County, Saratoga Springs