Charges dismissed in police threat case
NORWICH – Two men charged in an alleged murder plot to kill two Norwich Police officers had their charges dismissed in court Monday morning.
Mathew C. Smith, 27, of the Elmira and Norwich area, and Robert W. Gallo Jr., 25, of 22 Sheldon St., were accused of conspiring to kill Norwich Police Officer Reuben Roach and his father, retired Norwich Police Chief Murray Roach.
After two hours of testimony, District Attorney Joseph McBride returned to court following a 10-minute recess and asked the judge to dismiss the charges against the defendants because the only witness in the case had altered her testimony on the stand.
City Court Judge Maureen Byrne ordered that the two men be released and dismissed the charges without prejudice. The District Attorney’s Office still has the option of bringing charges against the two men before the grand jury next month.
Norwich Police Chief Joseph Angelino said he had no comment at the time of the decision.
The only witness called during the two-hour felony hearing was Gallo’s neighbor, Tendara Hyder Hartwell, 33, of Sheldon Street. On the stand, Hartwell informed McBride that Smith was not the person she had seen on the night the alleged threats against the officers took place.
Later McBride told the court that the evidence against Gallo was dependent on evidence associated with Smith, and asked for the charges to be withdrawn.
Gallo’s defense attorney, Peter McBride, cross-examined the witness for over an hour, revealing that Hartwell was currently charged with petit larceny and violating her probation. Hartwell also said she never actually saw Gallo while he supposedly made the threats, but knew the sound of his voice.
Hartwell also said that she was told by a close friend that a “hit” was placed on her and her family after she gave her statement to police.
More details will appear in Tuesday’s Evening Sun.
Mathew C. Smith, 27, of the Elmira and Norwich area, and Robert W. Gallo Jr., 25, of 22 Sheldon St., were accused of conspiring to kill Norwich Police Officer Reuben Roach and his father, retired Norwich Police Chief Murray Roach.
After two hours of testimony, District Attorney Joseph McBride returned to court following a 10-minute recess and asked the judge to dismiss the charges against the defendants because the only witness in the case had altered her testimony on the stand.
City Court Judge Maureen Byrne ordered that the two men be released and dismissed the charges without prejudice. The District Attorney’s Office still has the option of bringing charges against the two men before the grand jury next month.
Norwich Police Chief Joseph Angelino said he had no comment at the time of the decision.
The only witness called during the two-hour felony hearing was Gallo’s neighbor, Tendara Hyder Hartwell, 33, of Sheldon Street. On the stand, Hartwell informed McBride that Smith was not the person she had seen on the night the alleged threats against the officers took place.
Later McBride told the court that the evidence against Gallo was dependent on evidence associated with Smith, and asked for the charges to be withdrawn.
Gallo’s defense attorney, Peter McBride, cross-examined the witness for over an hour, revealing that Hartwell was currently charged with petit larceny and violating her probation. Hartwell also said she never actually saw Gallo while he supposedly made the threats, but knew the sound of his voice.
Hartwell also said that she was told by a close friend that a “hit” was placed on her and her family after she gave her statement to police.
More details will appear in Tuesday’s Evening Sun.
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