Skip to main content

Follow up: Defendents from night of Kid Rock concert return to Darien court

By Howard B. Owens

On an evening when the people coming into the Darien Town Court are a week removed from their initial arrest -- to be re-arraigned on the charges that got them locked up in the first place -- the tone is very different. Cases are handled quickly, there's few verbal challenges to the law or the court, and there's a lot less crying.

Quite and subdued would be an adequate description.

I returned to Darien Tuesday evening to follow up on the three defendants we encountered last week in Justice Gary Graber's court the night of the Kid Rock concert.

All three defendants -- Kenneth Koban, Peter H. Scrooby and Jamie E. Otto-Trott -- arrived in court at their appointed hour, well groomed and neatly dressed.

Graber wasn't on the bench Tuesday, being called away for a work-related emergency (he's a dispatcher for a trucking company in Buffalo), so Justice Michael Davis, newly elected last November, was sitting in.

While displaying the same sense of helpfulness -- wanting defendants to clearly understand their rights and legal options -- he takes a fairly matter-of-fact approach to getting a plea from the defendants and determining the date of their next court appearance.

Court started at 5:30 and I arrived at 5:35.  By that time, Koban had pleaded guilty to trespass and was making arrangements with Court Clerk Marcia Bontrager to pay his fine.

After Koban hurried out of the court, Davis and I chatted a bit and then another defendant arrived -- a young man charged with a DWI unrelated to last Tuesday's concert. He was dressed in a suit and a tie as was his attorney. His appearance was perfunctory and then we were back to waiting for Scrooby and Otto-Trott.

Scrooby arrived soon after in pressed pants and a white, long-sleve shirt, accompanied by a slightly older gentleman.

After hearing again the charges against him -- disorderly conduct  for allegedly fighting with Darien Lake security personnel -- Scrooby entered a not-guilty plea and said he would likely retain his own attorney.

He did complain about getting separated from the cash in his pocket the night of his arrest and wondered why it was not returned with the rest of his personnel effects after he made bail. Instead,it was offered to him in a phone call 15 minutes after he was heading home on the Thruway.

Davis explained that he didn't know anything about how Scrooby's property was handled and that was really a matter to take up with the Genesee County Jail.

Once Scrooby's next court appearance was set for July 28 at 6 p.m., Scrooby started to leave, but then remembered another question for Davis: Since Scrooby now had proof of identity, could his bail money be returned? Davis said that wasn't possible until the final dispostion of his case.

While Scrooby finished up his case, Anthony F. Perno, also arrested the night of the Kid Rock concert, stepped before Justice Davis.

Perno didn't take long to let it be unknown that he didn't understand why he was in court. 

"I was hauled in here and accused of something I didn't do," Perno said.

The 39-year-old Rochester resident is charged with harassment, accused of fighting with a security guard in the VIP area of the concert venue.

His frustration was heightened because he thought he had been arraigned Tuesday night and expected this week's appearance to afford him an opportunity to talk with a district attorney about his charges.

He told Davis he intended to bring his own attorney for his next court appearance, and Davis told him that would be July 28. Perno wanted to put it off for a month because he works two jobs and thought only one-week's notice for taking time off for a court appearance wasn't satisfactory his bosses.

Davis held firm on the July 28 date, but set his appearance time for 7 p.m.. Perno said the later time did help.

As Perno's case wrapped up, Otto-Trott checked in with the clerk. She appeared in slacks and a white blouse, looking far less disheveled than she did last week. A young woman accompanied her and sat in a folding chair the back row of the court room.

Otto-Trott, facing two counts of harassment, told Justice Davis that she had decided to seek the help of a public defender, so Davis entered a plea of not guilty for her and set her next court appearance for July 30 at 6 p.m..

With the Otto-Trott case handled, the court room once again fell silent. I walked up to the bench to ask Davis a few questions.

That's when I learned he was only recently elected to his first term, but that his father served as town justice three decades earlier, and in fact, served for a time with Graber.

"I sometimes get lawyers who come in and say, 'I remember when your dad was a judge,' and I say, 'that must have been 30 or 35 years ago,' and they go, 'thanks for putting a date on it.'"

Like Graber, Davis also works in the trucking industry. He dispatches and drives for Walton Milk Hauling in Alexander. He credits both Graber and the state for providing him valuable training on being a town justice.

Peter O'Brien

I always thought one had to be a lawyer to become a Town Justice. Do these justices have a law background of their own? I know you said that Davis' father was a lawyer and justice but what qualifies him otherwise? I am not criticizing just asking.

Graber after this long on the bench has the experience.

Jul 22, 2009, 11:25am Permalink
Chelsea O'Brien

There was an article in the NYtimes a while ago about this... town justices do not need any formal education or training. Many towns/villages/etc don't even have high school diploma requirements. You need to run, get votes, and sit on the bench.

Jul 22, 2009, 11:32am Permalink
Peter O'Brien

I knew there was an election but I thought (just out of common sense) there would be some sort of qualification.

I assume these classes are law classes?

Jul 22, 2009, 11:32am Permalink

Hey all,

I found the qulifications....

http://nysmagassoc.homestead.com/Brochure.pdf

Qualifications:
The position of town or village justice is not
one that the State or the justices take
lightly. In addition to local election laws,
justices must comply with uniform statewide
standards. Justices are considered to be local, as
opposed to state, elected officials. They preside
on a part-time basis, they are not required to be
lawyers. Two justices are elected in each town to
four year terms. Villages may have no more than
two justices elected to a four year term.

However, if a village has one justice, the village
Board must appoint an “acting justice” to serve
as directed by the elected village justice.
Justices are required to audio or steno graphically
record all court proceedings, and keep accurate,
legible records. At least annually they must
submit case dockets for examination and audit
to the Town Board. Justices must account for
all fines and fees collected by them to the
New York State Comptroller by the 10th of
every month. Justices must complete not
only basic training, but also at least 12 hours
of annual training. Justices who do not have
a law degree must pass a written exam annually.
Many justices significantly exceed the annual
training requirements. Costs and expenses
to meet these training requirements are
subject to appropriate approval and are the
responsibility of the town or village.
There are strict rules limiting the manner
in which justices may campaign for their
positions, as well as their participation in local,
state and national politics. These rules,
combined with those governing behavior while
in office, help maintain the independence,
dignity and integrity of the court system.

Jul 22, 2009, 11:49am Permalink
Howard B. Owens

I'm not under the impression that Davis's father was an attorney, just a former justice.

The concept of town justices is new to me, but I like it. I'm under the impression most of these guys have deep roots in the community and couldn't get elected if local people, who may have known them their entire lives, didn't trust them. I like the whole small-scale justice system and local context. Having spent some time in these courts now, I think it's a feature not a bug that they are often not lawyers.

Jul 22, 2009, 11:58am Permalink
Peter O'Brien

I must have jumbled a line in my reading.

I agree that its a feature but I wouldn't want Joe Schmo sitting on the bench with out any training at all.

Jul 22, 2009, 12:13pm Permalink
Gabor Deutsch

all you need to know is : " You want the truth ? You cant handle the truth". and " Youre out of order, this whole damned court is out of order" !

Jul 22, 2009, 5:00pm Permalink
Richard Gahagan

I'm not out of order. YOU'RE out of order. This court room is out of order, the system is out of order, even the candy machine in the hallway is out of order!

Jul 22, 2009, 5:34pm Permalink

Authentically Local