Former Upstate DA Barred From Practicing Law After Misconduct Investigation
Former St. Lawrence District Attorney Mary Rain will not be allowed to practice law in any capacity in New York state, according to a decision released by the Third Judicial Department Attorney Grievance Committee.
June 28, 2018 at 06:27 PM
5 minute read
A former upstate district attorney's law license was suspended for two years on Thursday for violating the state's rules of professional conduct for attorneys. Former St. Lawrence County District Attorney Mary Rain will not be allowed to practice law in any capacity in New York state for two years, according to a decision released by the Third Judicial Department Attorney Grievance Committee. The decision outlines several charges of misconduct against Rain, including a handful involving a high-profile homicide trial in 2016. The defendant in the trial, Oral “Nick” Hillary, was accused of murdering his ex-girlfriend's 12-year-old son in Potsdam, New York, that year. Rain campaigned on a promise to prosecute the homicide case in 2013. She first took office in 2014 and did not seek re-election in 2017. The committee found that in the Hillary case, Rain “had consciously disregarded the attorney-client relationship of an incarcerated witness by directing investigators to disregard the witness's express wishes, stated through his attorney, that the attorney be present during an interview that took place at the facility in which he was incarcerated.” That charge appears to involve Gregory Brown Jr., a man who said he saw someone other than Hillary enter the apartment building where the boy was killed in 2011. Rain's team withheld notes from their interview with Brown from the defense at the time, a finding that was stated in another charge from the grievance committee. Another charge alleges Rain attempted to mislead the court itself by not disclosing the interview since it would have, in theory, benefited Hillary. Hillary was acquitted of all charges in 2016 in a bench trial. The Hillary trial was one of many problems Rain encountered as district attorney of St. Lawrence County. The St. Lawrence County Legislature approved a vote of "no confidence" in Rain in 2016 after she allowed one of her assistant district attorneys to prosecute a felony case even though he wasn't licensed to practice law by himself. That charge was also presented in the grievance committee's report. Several other charges found Rain went beyond her power or simply did not follow rules. One charge alleged that Rain made four improper remarks during closing remarks in a 2015 trial that “deprived the defendant of a fair trial.” That case involved a man, Patrick Wright, who was convicted on rape charges. That conviction was overturned by the Appellate Division, Third Department, based on Rain's remarks. Wright was convicted again in a new trial. Another charge found Rain, in a different case, served grand jury subpoenas “with no intention of presenting the information obtained to an actual grand jury.” Rain, instead, gave that information to police to help their investigation. The committee said in its decision that Rain told them much of her misconduct “was the result of her mere negligence as opposed to intentional conduct.” The committee rejected that excuse, saying that it was clear she acted with “either the intent or knowledge of the effect her actions would have.” The committee also accused her of targeting defendants during her time in office, calling her a “seasoned prosecutor.” “Moreover, at the time of her misconduct, respondent was a seasoned prosecutor with extensive experience, and the majority of her violations evidence a pattern of disregard for defendants' rights,” the decision said. Oneida County District Attorney Scott McNamara, president of the District Attorneys Association of the State of New York, reacted to the decision in a statement Thursday. “The decision clearly shows that the allegations of misconduct were fully investigated and reviewed by the grievance committee,” McNamara said. “As one of the parties that filed a grievance against Mary Rain, we fully agree with the court's holding that her actions damage the reputation and public confidence in prosecutors. We feel that the suspension of her license to practice law is appropriate and furthermore it sends the right message to the public that prosecutorial misconduct is fully reviewed and punished when proven to have occurred,” William Dreyer of Dreyer Boyajian in Albany, who represented Rain in the matter, said he would decline to comment on the matter.
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