On Tuesday August 8, Amber Malagoli, 22, of New Windsor, was back in Marlborough Town Court before Judge Daniel Jackson to answer to the charges of Criminal Contempt in the 1st Degree and Perjury in the 2nd Degree stemming from an August 1 incident when she falsely reported that she had been kidnapped and raped after being found on the side of Quaker Hill Road in Milton just past dawn.
ADA Daniel Martuscello said the August 8 court date was for a preliminary hearing on the Malagoli matter. He said her attorney, David Castagna, waived the time to hold the hearing.
“When someone is charged with a felony, a preliminary hearing is supposed to be held within so many hours of the arraignment, but the defendant can waive that,” Martuscello said. “So she was remanded and is back up at the [Ulster County] jail. Her attorney waived that time period and he is possibly looking to get the defendant into a mental health facility for treatment.”
Martuscello said Castagna “can make a proposal to the court and to myself as to what he has lined up. The court will make a decision as to yes, the court would be willing to release the person to or not.”
Martuscello said he will wait to see just what is suggested before making his final decision.
“If its in a secure facility and the person is going to go in for a period of time, then I would consider it,” he said.
Martuscello said a return court date is scheduled for August 22, “however, it was left open that he could make the request to come in sooner, possibly Wednesday, August 16.”
Martuscello said, ultimately, he sends his information on the case, along with a listing of the charges, to the District Attorney’s office in Kingston for their review.
“They make a decision at that point on how they are going to proceed,” he said. “They’ll have conversations, I’m assuming, with the defense attorney and it can proceed in a couple of different ways, through what is called the Superior Court information, it could be a presentation to the Grand Jury or there could be a disposition worked out.”
Martuscello said he is not part of this phase of the case. A staff member in the DA’s office will be assigned the case “and they go ahead and take it from there.” He said typically that is the extent of his involvement “but if there is a disposition that is going to be handled as a lesser charge, as a misdemeanor in the local court, the case would be sent back and I would get the file back. Generally if that happens there is an agreed disposition. It does happen and depends on each case’s facts and circumstances.”
By Mark Reynolds