Judge Astacio released from jail

November 03, 2017 05:52 PM

Just when we thought there could not be another twist in the story, it's happened again. In a surprise move because of a legal technicality, Rochester City Court Judge Leticia Astacio was released from jail. 

The technicality is a timing issue. The lawyers in the case say Judge Astacio should have gotten the terms of her probation when she was sentenced in July 6th. She didn't get them until she got out of jail a week later. And that's why she got released Friday.


Judge Leticia Astacio, released from jail: "Hi Berkeley, how are you?"
Brean: "I'm good. How do you feel right now?"
Judge: "Ah, I mean I'm glad to be out of jail. Obviously. Jail is not great."

Judge Astacio says she wants to go back to work.

Judge Leticia Astacio: "I never wanted to stop working. I love my job. I love this city. I'm incredibly committed to it as I always have been."

Judge Astacio was put on probation after she missed a court ordered alcohol test because she was in Thailand. That violated the conditions of her 2016 drunk driving conviction.

Gregory Salmon, Judge Astacio's lawyer: "She shouldn't have been on probation to begin with."

Technically, Judge Astacio should have received the rules of probation when she was sentenced on July 6. But in the courtroom that day it was chaotic (Judge Astacio's daughter screamed obscenities to Judge Stephen Aronson) and it didn't happen.

Zach Maurer, prosecutor: "Would I argue that it prejudiced her rights in any way? Probably not."

Moments after stepping out of jail, Judge Astacio spoke with members of the media including investigative reporter Berkeley Brean.

Brean: "Do you feel at all apologetic about putting the community and the system and your family through everything that's happened?"
Astacio: "You know that's a difficult question because I've never ever wavered from the fact that I wasn't intoxicated. Certainly I've driven under the influence before and so I'll accept this because karma comes around."

Brean: "What I was looking for was some contrition to the community for going through this entire saga. They're upset with you."
Astacio: "I think it depends on what portion of the community you're talking to. I am a Rochester City Court Judge so the people that can vote for me live in the city of Rochester and I have felt an immense, an incredible amount of support that live in the demographic that I deal with."

What happens now? 

One of two things are going to happen on December 1st. The court will say the probation was wrong and Judge Astacio will get re-sentenced to probation with time served.

Or the court says everything was fine and she faces the charges that she violated probation the day she got out of jail when her alcohol ankle bracelet went off.


Berkeley Brean

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