Transgressions Of A Prosecutor

Jack Carroll of Troy, New York was convicted in December of 1997 for the rape and sexual abuse of his then stepdaughter. On appeal, the New York State Court of Appeals dismissed the rape convictions and ordered a new trial on the sexual abuse counts. He was convicted a second time on the sexual abuse counts in January 2001. He remains in prison awaiting his appeal on a 440.10 motion. Rensselaer County District Attorney Patricia DeAngelis, who was Assistant District Attorney during the period of Carroll's two trials, prosecuted both trials.

See what lengths Patricia DeAngelis was willing to go to in order to convict an innocent man:

• Jack Carroll is accused of rape and sexual abuse after his former stepdaughter claims to have had dreams in which she first sees an unidentified “someone” touching her and then later identifies the person in the dreams as someone other than Carroll. Carroll and his ex-wife were in a heated separation battle.
• The arresting officer, Steve Weber of the Troy PD, takes accuser to be examined by a nurse he is dating at the time rather than taking her to a rape crisis center or to a physician. This exam came despite the girl’s insistence that she was still a virgin.
• The nurse, Jane Szary, provides her boyfriend with a bogus statement that totally contradicts her medical exam notes and omits the fact that accuser had a yeast infection. Weber informs accuser she is not a virgin to which she replies, “I was shocked!”
• Jane Szary later admits on the stand that her statement was inaccurate. Despite prior knowledge of this, Patricia DeAngelis still presented the nurse at trial to testify under oath.
• Arresting officers admit they did “no investigation” claiming they believed Carroll to be guilty as soon as the accusation was made.
• The police attempt to get confession from Carroll using controlled taped phone call during which his accuser levied accusations at Carroll using a script provided by police. Carroll however, repeatedly denied the charges and encouraged the girl to go see a doctor to prove he did nothing to her.
• Carroll is brought to state police barracks where he continues to deny charges against him. Carroll’s sister and now wife arrive at barracks and are told by Officer Weber that Carroll has an attorney with him. This is a lie- Carroll is without an attorney.
• Carroll is brought to state police barracks where he continues to deny charges against him. Carroll’s sister and now wife arrive at barracks and are told by Officer Weber that Carroll has an attorney with him. This is a lie- Carroll is without an attorney.
• Patricia DeAngelis fights to keep jury from hearing taped phone call. After she successfully argued to keep the tape out of trial 1, she put the officers on the stand and they testified under oath that Jack Carroll had never denied the charges against him. Patricia DeAngelis knew this was blatantly untrue.
• Carroll is convicted on 3 rape counts and 6 sex abuse counts.
• NYS Court of Appeals dismisses rape charges against Carroll and orders a new trial on sex abuse counts this time with the controlled phone call tape ordered into evidence. The rape charges were dismissed by the Court of Appeals because there was “no evidence or testimony of penetration of any instrumentality.”
• Patricia DeAngelis continues to fight admission of controlled phone call tape in trial 2 despite Court of Appeals order. She loses her battle and the taped call is allowed in.
• Patricia DeAngelis tells 2 different stories. In her trial 2 summation, while trying to explain why Jack Carroll would encourage the girl to go see a doctor during the taped phone call, DeAngelis tells the jury, "Members of the jury, he never believed there would be any evidence because he never put his penis inside of her." This from the same woman who put Jack Carroll in prison for 3 years after trial 1 for first degree rape!!
• The officers can no longer claim Carroll never denied the charges against him once the taped call is allowed into testimony, so they change their story to now say his denials were actually admissions. They dubbed this “admissions by denial.” This is, of course, an entirely different story than told at trial 1.
• Patricia DeAngelis puts Jane Szary back on the stand despite knowing Szary’s police statement is false and the nurse continues her untruthfulness. In trial 1 when rape charges were being considered, Szary testified that the accuser had been penetrated by something larger than a finger… something of “significant diameter.” In trial 2, with the rape charges dismissed, Szary now testifies that a finger could have caused the fold she claims to have seen on the girl’s hymen. This is an entirely different story than told at trial 1.
• Carroll is now defending against testimony of digital penetration a charge Patricia DeAngelis knows has never been made against him.
• Patricia DeAngelis lies to the trial Court during trial by knowingly misrepresenting facts from the Court’s decision in a pre-trial hearing. DeAngelis, after having been admonished for ignoring the Court’s pretrial ruling, answered the Court’s admonishment with knowingly false information in an attempt to continue her line of questioning.
• Patricia DeAngelis withholds evidence in the form of a suicide note and then used that evidence against Jack Carroll several times during the trial. The defense is still trying to obtain that potentially exculpatory evidence that was ordered by the Court in pre-trial hearings.
• Patricia DeAngelis shifts the burden of proof by making such statements as, “I want to see him [the defendant] weasel his way out of this.”
• Patricia DeAngelis denigrates defense witnesses with such statements as, “Even grandma lied, members of the jury.”
• Patricia DeAngelis bolsters her own witnesses with statements such as “Eileen Treacy is the best.” DeAngelis fails to mention to the jury the cases overturned because of the testimony of self-proclaimed sexual abuse expert Eileen Treacy. Nor does Patricia DeAngelis mention the admonishments Treacy has received from other courts for her testimony. Perhaps the most notable of Treacy’s fiascos being the Kelly Michaels case in New Jersey.
• Patricia DeAngelis fabricates testimony in her summation and presents it to the jury as true when she knew full well the testimony was her own creation.
• Patricia DeAngelis ignores Court rulings. Despite being instructed by the Court not to break up controlled call tape and play in a stop and go manner during the trial, DeAngelis ignored the ruling and did exactly that in summation.
• Patricia DeAngelis alters evidence. DeAngelis fought vigorously to keep both juries from hearing the taped controlled phone call between Jack Carroll and his accuser. She lost her fight in trial 2 and the tape was allowed. A review of the transcript of the controlled phone call tape and the transcript from the copy of the tape she played for the jury in her summation at trial 2 shows there are significant discrepancies between the two records. It is clear the tape played for the jury in DeAngelis' summation is not the same as the one originally transcribed by the Courts.
• Patricia DeAngelis cries during her summation in trial 2, positions Carroll’s accuser in the front row and repeatedly points her out to the jury.
• Carroll was convicted on the sex abuse charges and was sentenced to 12-32 years in prison, which was later reduced as a matter of law to 10-20 years.