ELIZABETHTOWN — Steven R. Baker will spend 21⁄3 to 7 years in state prison for the death of Albert Montanaro III.
The 20-year-old young college student and athlete from AuSable Chasm was jogging along Route 373 on Jan. 16 2006, when he was hit and killed by a car Baker was driving.
CONVICTION REJECTED
During a five-day trial two years ago, Baker, of West Chazy, admitted he had a few drinks at lunchtime in Keeseville that day.
But an Appellate Court ruled against the test results of 0.10-percent blood-alcohol content used in the trial, saying the prosecution had not laid a proper foundation to present it as evidence.
Baker’s previous conviction was overturned, though he had already spent about a year and a half in prison.
Forgoing a second trial in Essex County Court as part of a plea agreement, the defendant pleaded guilty to the top count of second-degree manslaughter.
FAMILY UPSET
At sentencing Tuesday, members of the Montanaro family expressed displeasure with the county’s system of truth and justice.
“Here we are again,” Albert’s father, Albert Montanaro II, told the court. “Your sense of justice as we’ve experienced so far isn’t hot.
“You’re certainly no Solomon,” he said to Judge Richard Meyer.
“We were satisfied with the original sentence; we were at least a bit happy about it.”
Two years ago, the court handed down a 4-to-12-year sentence.
EXPLAINS PLEAS
Meyer took some time in court Tuesday to explain how plea negotiations work.
Agreements are not made to alleviate overcrowding on court dockets or to save taxpayers money, he said.
They are defined in law according to the type of crime committed, consistent with public safety and by a rehabilitative process for the defendant.
“(Plea negotiation) shortens the process,” he said, in an effort to “impose swift and fair justice” and move the defendant more quickly to rehabilitation, which is a primary goal of the justice system.
Sentences are not retribution for the victim or the victim’s family, he said.
“Nothing we could have done here would pay a debt to Albert Montanaro or to his family or his friends.”
MOTHER SPEAKS
In addressing the court, Nora Montanaro, Albert’s mother, placed two framed photos of her son in his casket on the district attorney’s table facing the Baker family.
She recognized District Attorney Julie Garcia and State Police Investigator Scott Hite for their good work on the case.
“I actually wanted murder (charge) from the beginning,” she said.
“I believe my son deserved better than what he received in this courtroom.”
Essex County Public Defender Livingston Hatch noted that Baker pleaded guilty.
“It was Mr. Baker who said, ‘I want this over; I don’t want any more pain’.”
The sentence handed down Tuesday includes one year of prison time for the guilty plea of driving while intoxicated.
After the hearing, Garcia said Baker was charged with the prosecution’s top count of manslaughter.
“We’ve always believed in this case,” she said. “And we also believe there should be mandatory minimum sentences of five to 15 years for manslaughter in DWI cases; some cases in New York get more than this, some get less. If there would be a mandatory minimum, we could tell the victim’s family what to expect.”
The stiff penalty might work better to deter people from driving while intoxicated, she said.
Baker was handcuffed before leaving the courtroom and brought to Essex County Jail for processing.
E-mail Kim Smith Dedam at:
kdedam@pressrepublican.com
Local News
Baker sent back to prison
- Local News
-
-
Surplus funds keep After-School Program alive
The Moriah and Willsboro sites run by Adirondack Community Action Programs is not closing after all.
-
Montreal woman dies in Westport crash
Angela Pierre, 69, was ejected from the vehicle when its driver lost control on Interstate 87 in Westport.
-
Burlington hospital makes interim chief permanent
Fletcher Allen Health Care announced today that Dr. John Brumsted will move from interim to permanent president and CEO.
-
Recovery Center to hold open house
Smashing stereotypes and eliminating the stigma of mental-health issues has led to formation of a new place in Franklin County for clients to get wrap-around services to help them rejoin the community.
-
Ticonderoga faces severe school cuts
The district is starting its new budget process almost $2 million in the hole. Officials are seeking public input on the problem.
-
One injured in Plattsburgh house fire
A female suffered second- and third-degree burns in a fire at her South Catherine Street home early Sunday.
-
Plattsburgh's Sweet Adelines sing music of the heart
Sweet Adelines spread message of love on Valentine's Day with yearly singing valentines.
-
Love between the lines
Dr. Nell Irvin Painter of New Russia and Plattsburgh State's Dr. J.W. Wiley share historical and current viewpoints on interracial loving, American-style. INCLUDES VIDEO
-
NCCS wins CVAC cheerleading competition
NCCS wins first place for the eighth time in nine years
-
Cheerleading photos (2/12/12)
-
Tentative contract reached with officers
The deal with New York state would cover the 2,800 members of the New York State Correction Officers and Police Benevolent Association who typically work at specialized state centers such as the Sunmount Development Disabilities Services Office in Tupper Lake.
-
Lookback: Feb. 13-19
News stories from around the region from 25, 50, 75 and 100 years ago this week.
-
Of Interest: Feb. 13, 2012
Peru Central School Board to hold budget discussion; Dannemora to discuss highway post; Beekmantown School Board invites budget input; Willsboro School Board to discuss policies; Chazy School Board to discuss budget; SLCS Board to appoint clerk pro-tem; Keeseville Zoning Board cancels meeting; Elizabethtown-Lewis School Board to work on budget.
-
Gourds' shapes create interesting canvas
Georgette Bacon's gourd art is on display through March 10 at Foothills ARTSociety in Malone.
- February 12, 2012
-
NCCS wins CVAC cheerleading competition
NCCS wins first place for the eighth time in nine years
-
One injured in Plattsburgh house fire
A female suffered second- and third-degree burns in a fire at her South Catherine Street home early Sunday.
-
Plattsburgh's Sweet Adelines sing music of the heart
Sweet Adelines spread message of love on Valentine's Day with yearly singing valentines.
-
Ticonderoga faces severe school cuts
The district is starting its new budget process almost $2 million in the hole. Officials are seeking public input on the problem.
-
Surplus funds keep After-School Program alive
- Recent Article Comments
Raw Video: Hearse Arrives at N.J. Funeral Home
Authorities: Houston Found Underwater in Tub
Arm Wrestler Not Guilty Plea in Wife's Death
Raw Video: Houston Body Flown From L.A. to N.J.
First Person: Westminster Kennel Club Dog Show
Obama's New Budget: The Winners and Losers
Gregoire: Marriage Equality Is Right for Wash.
Bacteria Keep Swimmers Off Some Fla. Beaches
Police: Houston Found Under Water, Unconscious
Sandusky Can See Grandkids, Have Local Jury
Obama Unveils $3.8 Trillion Budget
Raw Video: Israeli Embassy Car Attacked
Coroner: Don't Know Houston's Cause of Death Yet
Valentine Greetings Sent Worldwide From Loveland
Greek Austerity Measures Spark Riots
Raw Video: Obama Budget Goes to Capitol Hill
Arab League Wants U.N. Help in Syria
Nordic Festival Puts North Korea in Spotlight
'Rumor Has It' Adele's Rolling in the Grammys
Grohl, Grammy Nominees Cut Up on the Red Carpet
