
A state court last week denied an appeal for a new trial by Anthony Oddone, the golf caddy who was convicted of first-degree manslaughter for the 2008 killing of a bouncer at a Southampton Village tavern—but the court also ordered that his prison sentence be reduced by five years.
A four-judge panel of the State Appellate Division issued a decision last Wednesday, November 9, that called the 22-year sentence he’d been given “excessive” and reduced it to 17 years, with five years of post-release probation.
The judges said in the decision that the reduction of the sentence was “a matter of discretion in the interest of justice” but gave no further explanation of their choice to reduce the sentence.
The judges were adamant, however, in their rejection of the grounds on which Mr. Oddone’s attorneys had insisted that he be given a new trial. They dismissed claims that the jury had not been offered enough evidence to prove that Mr. Oddone, now 28, had done more than just defend himself on August 7, 2008, when he held the bouncer at the Southampton Publick House, off-duty corrections officer Andrew Reister of Hampton Bays, in a choke hold for what the prosecution said was as long as two to three minutes. Mr. Reister, who witnesses said had asked Mr. Oddone to stop dancing on a table just before the struggle started, suffered cardiac arrest from the choke hold, never regained consciousness and died two days later after being declared brain dead and taken off life support. He was 40.
The judges said that they were satisfied the jury heard ample testimony from eyewitnesses of the struggle between the two men, and that the testimony was more than sufficient to have allowed them to reach a conclusion beyond a reasonable doubt. Mr. Oddone’s attorney had argued that the jury had not heard enough evidence to conclude that he was not justifiably defending himself by putting Mr. Reister in the choke hold.
“We … accord great deference to the jury’s opportunity to view the witnesses, hear the testimony and observe demeanor,” the decision reads. “Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence.”
The judges also said that there were no grounds on which the court should have thrown out the testimony of a county forensic pathologist. At the April arguments before the Appellate Division judges in a Brooklyn courtroom, Mr. Oddone’s attorney, Marc Wolinsky, claimed that the defense had received affidavits from multiple accredited medical examiners, following the conclusion of the trial, stating that testimony the county pathologist had given with regard to how long Mr. Oddone must have held Mr. Reister in the choke hold was not based on good science.
The judges wholly dismissed the bulk of the defense’s other challenges without specific comment, saying they were simply without merit.
Nonetheless, Mr. Wolinsky said last week that the defense team does plan to appeal the conviction to another higher court. Mr. Oddone’s last avenue of appeal is to ask the State Court of Appeals, the highest state court, to hear arguments in the case. After the defense and Suffolk County district attorney’s office submit written briefs summarizing their positions the court has the discretion to simply reject the defense request for the right to present further written and oral arguments.
Mr. Oddone was convicted in December 2009 after a trial that saw testimony from more than 40 witnesses over more than two months. After nine days of deliberations, the jury cleared him of the most serious charge, second-degree murder, but found him guilty of first-degree manslaughter, which carries a maximum sentence of 25 years. While Judge C. Randall Hinrichs did not issue the maximum, he said at the sentencing that Mr. Oddone “must be punished, and in the court’s mind he must be punished severely.”
Having already served some 20 months in jail at the time of his sentencing, the original sentence would have meant the earliest Mr. Oddone could get out of prison—he’s serving his sentence at Shawangunk Correctional Facility in Ulster County—with good behavior was April 2027. A determinate sentence requires that a convict serve seven-eighths of the sentence, which means he’ll now be eligible for release in late 2022 at the earliest.
Mr. Reister’s widow, Stacey Reister, sadi this week that she was displeased with the decision to reduce Mr. Oddone’s sentence, but that no sentence in the world would help her family recover from the tragedy of her husband’s death. “It doesn’t really matter what sentence they give the defendant. It will never change what he did with his bare hands for those three minutes in time,” Ms. Reister said in an email on Friday. “The lesser sentence does not change anything for me. My husband is still dead, and my children are still growing up without a father because of the hands of someone else.”
I'm just sorry that no one steped in to try and break the hold. But I wasn't there so I really can't say.
I know with an enormous amount of certainty Oddone had absolutely no intention of harming anyone and Oddone was not reckless as he was defending himself. This tragedy was an involuntary ...more reaction from being dislodged from a table. I was in the police station at 5 am that morning and I heard witness stories which were inconsistent and contradicting with the stories they told in court. Furthermore, favorable witnesses for Oddone did not have an opportunity to testify. Unfortunately, I believe all eye-witnesses were extremely drunk when altercation occurred. The DA did an excellent job picking the most credible ones and the misguided jury erroneously gave the witnesses drunken stories merit.
The Appellate Court said, “…the County Court did not err in refusing to give an intoxication charge to the jury… we find that there was insufficient evidence presented regarding the quantity of liquor consumed by the defendant and its consequent effects to warrant a charge on intoxication.” Although not on the record, the police, DA and I know who Oddone was drinking with that night, about how much he drank and lawfully the jury should have been given an intoxication charge.
Justice Hinrichs gave an excessive sentence; likewise gave tremendous latitude to the DA throughout trial. I respect the loyalty the Court, family and co-workers gave to their fallen counterpart but it was at my friend’s expense. I know if the truth made it into the court room, the worst crime he may have committed was criminally negligent homicide, 4 year max. If so, it would only be for bad luck and being at wrong place at wrong time.
I pray this injustice gets rectified in “Court of Appeals.” Regardless, both parties will never be happy because the damage cannot be undone. Gloating or wishing harm upon Tony while he waits for next appeal is malicious and I know some of you and I know you are above that behavior.
Two wrongs don't make a right.. But, I don't see 'An eye for an eye', as an injustice in this case.. Someone should put Oddone in a death grip for 3 minutes, just to see how he fairs...
And, for the record ...more Ron, I've been in the wrong place, at the right time.. Numerous times.. Except, instead of perpetuating the malignant situation, I did my best to come to help those in need. Notice nobody came to help Oddone, because he was the perpetrator.
Fact remains, Mr. Oddone CHOSE not only to assault Mr. Reister, he chose to hold him in a headlock for an extended period. Mr. Oddone chose to be disrespectful to a place of business, and it's patrons by dancing on a table. Mr. Oddone chose to serve his own interests, and not the interests of safety, or his fellow patrons, when asked to refrain from doing so MORE than once. This young man is clearly not only selfish, but violent, and has the ...more "rap sheet" to prove it. Mr. Oddone ASSUMED that Andy intended bodily harm, instead of the restraint his training commanded. A choke hold of the nature he used is normally NOT used for restraint. It is used to render an opponent unconscious, or worse yet, deceased. You don't use a potentially lethal martial arts hold on another man, and call it an "accident". This kid needs plenty of time, in his own private room to not only think about what he's done, but to dwell on it for at least two decades. And, for the sake of arguement, Andy most likely had at the very least two decades of his own left to live. Maybe someday Mr. Oddone will return to society older, less intemperate, and wiser when he's done serving his time.
Regardless of either person's behavior (rsport), Mr. Oddone had the choice to not be belligerent. He had the choice to NOT be disrespectful, and he HAD the choice to walk away. Most any establishment DOES NOT permit dancing on a table. It is not only unsafe, it can result in serious personal injury. It is not the DJ's job to stop it, it is security's job to do so. And frankly, we DON'T have a genuine "reasonably foreseeable" history of needing that type of "additional security" in the Publick House. When you're told you are being an a$$, usually 99.9% of the patrons comply. And, most of us just simply act better than that.
Mr. Oddone did not walk away, chose to use lethal force, and a good man is dead for it.
He is responsible for this man's death, as HE made the decision to assault, and place Mr. Reister in a potentially lethal chokehold. He chose to NOT follow the non-violent principle of martial arts.
All Mr. Oddone had to do was realize dancing on a table is wrong, as well as unsafe, disrespectful behavior, and walk away.
He DID NOT...
His sentence should have been doubled.
Ron's credibility went out the window with the many frivolous personal lawsuits he has brought but lets debunk his horridly innacurate, insensitive statements anyway. ...more "This tragedy was an involuntary ...more reaction from being dislodged from a table."----over 2 minutes is hardly involuntary or "Furthermore, favorable witnesses for Oddone did not have an opportunity to testify."------the defense could have called anybody they wanted to choose but only chose a quack medical examiner from Detroit because when u choke somebody for over 2 minutes it is impossible to find any credible medical witnesses even with the big bucks Bridge members behind him. "I respect the loyalty the Court, family and co-workers gave to their fallen counterpart"----just because u write respect doesnt mean u actually do because writing what u have on this board shows the opposite. And he wasn't a "fallen counterpart", he was a hard-working father and husband earning some extra scratch before he ran into your great friend.
Please Mr Sporten, stay off this board out of respect for a family still grieving.
Furthermore, I would pray the Reister’s and the Oddone’s do not read any of these statements because they are for the most part a bad reminder for Reister’s; ...more on other side, cruel skewed opinions about a smart young man who had a terrific future mapped out. Trust me; he did not throw all that away intentionally.
The fact is this was misfortune for all of us. I am a practicing Catholic and I do pray and am sincere in regards to the Reister’s.
I never and admittedly deny ever filing a frivolous lawsuit[s] or being involved in frivolous litigation.
I am a current student, studying law. My professors, friends and acquaintances include several detectives, PI's, lawyers, Supreme Court Justices and DA's who worked the Oddone case. I followed many recent murder trials, worked in law offices, have my own on-going cases and I ask a lot of questions including a few to Justice Hinrichs.
I am sincere and know everyone on the ...more prosecution side did an excellent job, especially the detectives and DA’s involved at the onset. I love and have been discussing that topic for three years and respectfully disagree at times on the subject matter. Here, the prosecution won excessively.
I know you are angry and your opinion is “no punishment long enough.” The problem is manslaughter in the 1st degree by a stranger without a motive, generally, does not get more than 12 years.
I suggest you praise the people who worked very hard to make it so because it is pointless to root for additional excessive punishment and my credibility is authentic.
Did this sentence have a point?
Great post; these are the arguments I like.
In regards to Oddone’s current attorneys, I can only speculate why they took the case but I know they did it upon their own free will, I know they researched the facts of the case prior to getting involved, they are passionate that justice is served and passionate of Oddone’s innocence.
I think you are correct, since the sentence was lowered to 17 years, how much he drank does not matter. Prior to the modification ...more of the sentence, it did matter because being intoxicated can be presented by defense as relevant to eliminate intent which is needed for manslaughter 1st degree. If someone is recklessly drunk and commits manslaughter it is 2nd degree, max 17 years. I THINK that is where the Appellate Court came up with the number “17”.
You are correct, I was not there and I cannot discount every single witness who came forward. Although, I was at the police station that morning and I can discount at least one, as his story changed. Also, I do know one witness was underage, from Russia and scared to speak on Oddone’s behalf.
In regards to other witness questions, the prosecution obviously did not call the witnesses that would have supported Oddone’s case. I can only speculate that: when it was the defenses turn to call witnesses they believed they won the case, so there was no need. I did talk to a juror and likewise, he wanted those witnesses on the stand..
The case was a hard fought legal battle. The prosecution organized grand jury, arraignment proceeding, court venue, pretrial investigation, pretrial hearings, jury selection and witness testimony better than the defense. Although, it was extremely close as evidenced by 9 days of jury deliberation. Reister supporters, while you are still angry and morally and ethically you may have a point, by our law, Oddone’s sentence was the most any other prosecuting team would have accomplished. Everyone on the prosecution team should be commended for their hard work.
Oddone’s lawyers, especially Wolinsky, were outstanding during the appeal. This was not close. My favorite part, to the best of my recollection, was a judge asking the prosecution if this was a “win at all cost case” and the prosecution had a guilty look on her face and the entire court room smiled, laughed or nodded yes, including the stern judges. As an Oddone supporter, I am still angry and morally and ethically I may have a point, but by law, Oddone’s modified sentence is the most any other defense team would have accomplished. I did commend Wolinsky for his hard work.
Oddone’s legal team was needed for a fair trial and ridiculing him is pointless. Countless hours of hard work for both sides, still a very sad dilemma and no one is ever going to be happy about any outcome.
I really tried my best to be respectful and it was the best I could do as I answered excellent questions by Truth prevails to the best of my ability upon a dilemma that we are never going to agree.
I have a trial (lawsuit) on Wednesday, November 16, 2011 in Southampton Justice Court at 5:30 pm. I challenge you to spectate in order to judge my validity and credibility as the information you gathered and reported about me, here, is false.
Again post was excellent. The police did not test Oddone for alcohol, in case this case went to trial so the defense could not get an intoxication charge. Again, excellent foreshadowing by our Southampton DA’s and police.
[Penal Law Section 15.25 Effect of intoxication upon liability: “Intoxication is not, as such, a defense to a criminal charge; but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the ...more defendant whenever it is relevant to negative an element of the crime charged]
In which the jury would have factored in if Oddone was so drunk he did not intentionally know the outcome of his act; likely, manslaughter 2nd max 17 years with this jury and judge; now it is 17, no difference. Regardless the judge did not allow that factor. I know with a tremendous amount of certainty, Oddone did not intentionally choose this pain on the entire community especially Mr. Reister and himself; drunk or not.
You are 100% correct about the defense not calling available witnesses, including Oddone himself. I asked a juror what would have made you say “not guilty” and he said, he wanted Oddone to take the stand and he was extremely confused and puzzled that his friends also did not take stand. I cannot answer this one and it “may” be why Oddone lost. All the Reister’s supporters in the courtroom each day probably weighed in on the jury’s decision and that was remarkable time consuming dedication in an unpleasant scenario and I even saw some of you at the pretrial hearings.
I offered to be a character witness because Oddone was my best employee out of 60 others in 2007. I know you won’t believe me but it is true. 'He was not working for me at the time this occurred.' Oddone did come on time each day driving 40 minutes and several times the last one to leave covering shifts of the weaker employees at night while I gave him instruction by phone. He would give golf lessons and entertain my personal friends when they visited me at work and they enjoyed Oddone’s company more than anyone else. He was a completely a reliable, loyal, honest likable hard working person. We made future career goals together for him and I am as angry as you this event happened. All he did was work; go home to his girlfriend and sleep.
This conviction and that one night were tremendously out of his once good character. Yes, I knew his young past; my young past is not that great either. I am sure HB 4 Life is digging it up now.
You are 100% correct the stories I heard hours after it happened that did not make it into the courtroom don’t matter or count anymore. Don’t know anything about the medical examiner parts other than it was clearly painful to observe during testimony. My regretfull regards.
I think you are incorrect, I believe murder was off table reasonably quickly. Juror Stephan Garvey said, "the jury members had set aside the most serious charge, murder in the second degree, early in their deliberations, then battled over the first-degree manslaughter charge for more than a week."
A new trial was the goal not a five year modification; I am distraught. If Oddone was not such an extremely loyal trusting employee and friend of mine, especially immediately after I lost my job; and if I even thought it was possible for him to intentionally do this act, I would have never supported or posted anything but that is not the case here.
I encourage good memories and stories about Mr. Reister; and the exceptional job the entire prosecuting team did should fill up the board. I am really shocked more credit has not been declared to them. They were really great. Many acquantances of mine worked unbelievably hard behind the scenes, thankfully we stayed friends throughout with opposing views. According to the law, Manslaughter 1st Degree even with the courtroom facts was near impossible in this scenario.
Thanks you Truth prevail and anyone else and there is others who are able to at least have a somewhat respectful discussion and acknowledge there are two sides. I really see your side.
I made my points and I will respectfully layoff.
HB for Life, see you Wednesday.
I did regretfully erroneously make a mistake. A "17" year sentence means Oddone did intentionally commit manslaughter in the 1st Degree according to the jury, Appellate Term, NY Law and everyone on this discussion board.
I do know there was no intention; but legally, what I know does not matter.
Sorry for that one incorrect fact.
I'm just gonna' re-read my old ones...
Would you explain what you mean by the following statement:
"Given the case and the circumstances - it is my opinion that there is more feuling the fire of these attorneys than passion for justice. And I'm not alone, believe me."
Is it more than a reference to their being paid well?
If Odone does get out of jail then what do you think will be his first thing to do?... go back to caddying?
Rome continues to burn.
Tell us, if your relative or dear friend was murdered senselessly by a smart ass punk would you be in support of the murderer's Constitutional rights or would you be "fiddling on with the fellow fiddlers".. Different perspective now, huh?!
Case closed!
Please think about the instructions you are giving to everyone, including terrorists and others, who do not support our way of mature, diligent, and enthusiastic law and order. Indeed such scum may seize upon your words to "justify" illegal action in the cause of a "higher good."
Please think through the broader implications of your posts here.
Thank you.
And you think Oddone didn't commit an illegal action?? Forget it, I am not discussing it with you further...you have no idea what pain the family went through. All you want to do is talk big on here... I hope you never have to go through the pain that the Reisters went through.
That requires some "sum of punishment"
I don't like that a couple years got shaved off. But, I respect the fact that I'm not on the parole board. SO...
I'm not the interviewer, BUT, I would say fifteen years is ROCK BOTTOM.