FROM: HOLLEY CARNRIGHT
ULSTER COUNTY DISTRICT ATTORNEY
DATE: DECEMBER 14, 2015
SUBJECT: PRESS RELEASE – LOTTIE MICHAEL
On September 25, 2015, Lottie Michael, age 39, of Kingston, NY, was found guilty by an Ulster County jury of Criminal Possession of a Weapon in the Fourth Degree, and Assault in the Third Degree, both misdemeanors. Michael was arrested by members of the Ellenville Police Department back on January 18, 2014.
The evidence at trial established that the defendant, while at a residence in the village of Ellenville, picked up a metal cigarette rolling machine and struck the victim in the head with it, causing a concussion and a deep facial laceration. The victim was previously in a relationship with the defendant’s then boyfriend.
Michael was initially indicted by an Ulster County Grand Jury for the felony of Assault in the Second Degree. However, the presiding judge, the Honorable Richard Mott, reduced the felony assault to misdemeanor assault halfway through trial, due to the police department’s failure to preserve the cigarette rolling machine as evidence.
In opposing the judge’s ruling Assistant District Attorney Paul Derohannesian argued that “the People have no burden to present physical evidence at trial, noting that it is common that evidence is photographed and the photographs are presented as evidence at trial, which was the case here. He argued further that it was the province of the jury to determine the sufficiency of the proof and that the court overstepped it’s authority in this instance”. The judge, however, disagreed.
In sentencing the defendant to 15 days in the Ulster County Jail and 3 years probation Judge Mott stated that she was lucky she was not convicted of Assault in the second degree.
The defendant was represented by attorney Ed Bruno.