Baker sent back to prison

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September 16, 2008

<a href="mailto:kdedam@pressrepublican.com">By KIM SMITH DEDAM</a> The Press Republican Tue Sep 16, 2008, 01:23 PM EDT

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