Attorney Hints at Moving Pantry Theft Case From Harrison

Attorneys representing the six defendants in the food pantry theft case will have another month to consider motions that could remove the case from the local court house.

The defendants, Florence D’Imperio, William D’Imperio, Joseph Arcara, Jack Arcara, Adam Straface and Toplyn, were all called separately Tuesday in front of Judge Ronald B. Bianchi. There have been no plea agreements at this point and all six are due to return to court May 10.

Bianchi acknowledged possible motions either requesting that he recuse himself or that the venue be changed. Bianchi served as town supervisor while several of the defendants worked for the town. Video evidence of the alleged thefts also surfaced on news outlets last week. The judge asked attorneys to make any such motions as quickly as possible. 

"If you're going to take that course make it early so I'm not making decisions," Bianchi said.

Sherry Toplyn's attorney Kevin Kitson said he has no problem with Bianchi overseeing the case, but said he will strongly consider asking that proceedings be removed from Harrison. Kitson said the video evidence leaked to the media last week was "reprehensible", and added that police statements about the strength of their case against his client have put her chance for a fair trial in jeopardy.

"It's not you," Kitson said to Bianchi, "It's the town."

Attorneys representing the other defendants said they will wait to hear back from the district attorney's office before deciding on any future motions. Some also mentioned they would like to know who leaked the surveillance tape to the media.

The defendants quickly entered and left the courtroom at different times Tuesday. William and Florence D’Imperio and Joseph and Jack Arcara appeared just after 9:30 a.m. Straface appeared at 10:30 a.m. and Toplyn appeared at about 11:45 a.m. Each defendant stood in front of Bianchi for less than two minutes.

Florence D’Imperio and Joseph Arcara face felony burglary charges in addition to misdemeanor charges of petit larceny. Jack Arcara, Straface, William D’Imperio and Toplyn face only petit larceny charges. Florence D'Imperio is also charged with official misconduct, a misdemeanor.

Police say each suspect stole food or clothing from the pantry in front of surveillance cameras at least once between Dec. 20, 2010 and Jan. 26, 2011. All have pleaded not guilty to all charges.

Since  the six former employees have either resigned, retired or been fired from their positions with the town. Florence D’Imperio and Toplyn resigned from their part-time positions days after their arrests. The Harrison Town Board  Joseph Arcara, Jack Arcara and Straface on March 3 and  on March 16.