DPS ‘mistake’ drops charges
Conflicting testimony led to charges being dropped Jan. 19 against former Syracuse University football player Christ Basile in connection with four May burglaries of South Campus apartments, said SU spokesman Kevin Morrow.
The conflicting testimony was the result of mistaken memories of the arresting Department of Public Safety officers, Morrow said Tuesday.
Basile, a former defensive end, was charged with four counts each of second-degree burglary and petit larceny and single counts of fourth-degree grand larceny and fourth-degree criminal possession of stolen property in relation to break-ins from May 3 through May 7, according to The Post-Standard.
The New York State Supreme Court suppressed all evidence in the cases against Basile after Deputy Chief Michael Rathbun and Sgt. Kathleen Pabis gave conflicting testimonies, The Post-Standard reported. The district attorney then dropped all charges.
Rathbun testified that while investigating the case and recovering stolen property, he and Pabis entered the apartment after Basile invited them in, according to The Post-Standard. But Pabis testified that the two entered the apartment after Basile failed to answer their knocks due to loud music and after the door was discovered to be unlocked, according to The Post-Standard. The case was dropped because the conflicting testimony meant the prosecution failed to prove the evidence was acquired legally.
After DPS reviewed the inconsistency, it was found that both officers were reporting the case to the best of their recollections, Morrow said.
‘It is not uncommon for there to be inconsistencies in police testimony,’ Morrow said. ‘The case did happen several months after the incident.’
There is no evidence to suggest there is a need for further investigation or action against Rathbun and Pabis regarding the inconsistency, Morrow said.
The criminal justice system will not be pursuing any more action against Basile, Morrow said, but he could not comment on whether SU will continue with the case.
DPS Chief Tony Callisto could not be reached for comment.
Published on February 2, 2010 at 12:00 pm
