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| -Lurid Crime Tales- |
| Makowski resigns as State Supreme Court justice |
| 2009-02-21 |
| Joseph G. Makowski this afternoon resigned his seat as a State Supreme Court justice -- but escaped criminal charges -- in the wake of a state judicial investigation and a potential grand jury probe of written claims he made trying to clear a friend in a drunken-driving case. In a letter to Justice Sharon S. Townsend, administrative judge of the Eighth Judicial District, Makowski said: "This letter will advise you that I have decided to resign my position as a justice of the New York State Supreme Court, effective March 5, 2009. It has been a distinct privilege to serve as a member of the court for the past 10 years." For at least three months, the State Commission on Judicial Conduct has been asking local law enforcement officials what they know about the affidavit Makowski signed after the Sept. 2 DWI arrest of former prosecutor Anne E. Adams. Makowski filed that affidavit as a witness after having been with Adams in the hours before her arrest. In that statement, dated Sept. 11, Makowski repeatedly stated that nothing in Adams' behavior suggested she couldn't drive safely home from a downtown Buffalo restaurant that night. Several witnesses, though, have given authorities statements that suggest Adams showed obvious signs of being intoxicated, both in her manner and in her driving. "Before we presented our case to the grand jury, Justice Makowski, like any other witness, was given a choice: recant, tell the truth and cooperate or be prosecuted," District Attorney Frank Sedita said. "Today, Makowski made the choice to recant, reject the affidavit and give our investigators a truthful statement," Sedita said. "Additionally, Justice Makowski agreed to provide truthful testimony against Ms. Adams in the grand jury and at trial. "Because of his recantation and cooperation, I will not seek to brand Makowski a criminal. However, I am deeply troubled by Makowski's original affidavit and initial conduct. Accordingly, Makowski, in lieu of criminal prosecution, will also be required to resign from the bench." Adams today pleaded guilty to misdemeanor drunken driving, offering a false instrument for filing and attempted tampering with physical evidence linked to her Sept. 2 drunken driving arrest. Adams, 46, who runs the trial technique program at the University at Buffalo Law School pleaded guilty before Erie County Judge Sheila A. DiTullio just before 4 p.m., shortly after Makowski submitted his resignation letter from the bench. Adams, of Quaker Road, Orchard Park, faces a possible jail term of up to two years when she returns to court for sentencing April 23. Also faxing a copy of his resignation letter to Justice Ann Pfau, the state's chief administrative judge, Makowski wrote that he had "decided to resign my position as a justice of the New York State Supreme court effective March 5, 2009." "It has been a distinct privilege to serve as a member of the Court for the past 10 years," Makowski added in his two-sentence resignation letter. DiTullio allowed Adams to remain free without bail and said she will impose "a very thoughtful" sentence. Adams also could be placed on probation and faces professional disciplinary action. Under the plea deal, Adams admitted to driving drunk on Sept. 2 and, on Sept. 3, falsifying the date when a physician drew blood from her -- in an apparent attempt to counter police claims she was legally drunk during her Sept. 2 arrest. "I would expect that as a consequence of this plea, Ms. Adams may lose her license to practice law and her professorship at UB Law School," Sedita said. "Her punishments will be determined by others, including a county court judge and the attorney grievance committee. Whether or not she loses her license and or job, Ms. Adams will be forever branded a criminal." Adams was charged originally with aggravated DWI, accused of having a blood-alcohol content of 0.19 percent at the time of her arrest. That's more than twice the state's legal limit. |
| Posted by:Fred |
| #1 I wonder if Adams ever prosecuted anyone with Makowski as judge. That would be a can of worms. |
| Posted by: DoDo 2009-02-21 11:13 |