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Posted at: 11/03/2009 6:13 PM | WHEC.com I Team 10 Investigation Update: Indictment dismissed in case against former Greece cop
The indictment suggested a cover up involving a former Greece cop. But today, Brian Ball is no longer charged with any crimes after a judge tossed out the indictment. Ball was drawn into the Greece Police Department scandal in August for his investigative work related to a 2005 fatal crash. That accident occurred on Ridge Road and killed 18-year-old Stephanie Oliva of Greece. Her boyfriend, Chad Kenyon, was driving, but was never charged. Ball was accused of falsifying a document in the crash report, allegedly closing the case before toxicology tests on Kenyon were completed. Sources tell I Team 10 those tests showed the presence of marijuana in Kenyon's system. Upon his arrest, Ball was fired from the Greece Police Department. The judge ruled that, procedurally, Ball was not given a proper opportunity to testify on his own behalf in front of the grand jury that indicted him. But perhaps more significantly, Judge Francis Affronti also found the people's case lacked substance. In his ruling, Affronti wrote, "...the evidence presented, even when viewed in the light most favorable to the People, was legally insufficient to establish a prima facie case that Defendant committed the crimes...." District Attorney Mike Green tells I Team 10 he will appeal. "We, again, think he's flat out wrong on that issue as well. I think the evidence was more than sufficient to show that Sergeant Ball submitted a false police report," said Green. "The Town of Greece appears to be on, for lack of a better term, a bit of a vendetta, and when you review this information, it's unfortunate because this has had, I'm sure, a significant impact on the families that were involved in this accident," said Getz. Reached by phone today, the mother of Stephanie Oliva used the words, angry, devastated and disheartened in describing how she feels about the judge's ruling. But she also says she's praying that the D.A.can still get justice for her daughter. On a day in which he's up for re-election, Greece Town Supervisor John Auburger wasn't going near the topic of Brian Ball. "That would be an issue you'd need to check with the district attorney on that. that was for the indictment on the criminal charges," said Auburger. But Auburger may have to make a decision on Ball's future if the appeal fail because it appears Ball would like to return to the job from which he was fired. "Brian would like to get on with his life. He is currently working, I believe, to get his job back," said Getz. Ball has demanded an arbitration hearing regarding his firing. That hearing is scheduled for March. And here's the possible impact of the dismissal of those charges on Ball's job: according to civil service law, he can't be disciplined for conduct that occurred more than 18 months earlier unless the conduct was criminal. To read the decision by Judge Affronti, click here.
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We are learning more tonight about a judge's decision to dismiss charges against former Greece Police Sergeant Brian Ball.