Jurors came back at 5 p.m. Monday and found suspended Greece Police Officer Gary Pignato guilty of all charges. He was accused of using his police powers to coerce a woman into having sex, and was charged with coercion, accepting a bribe, and official misconduct.
While deliberating, the jury came back twice to have testimony read back. Boiled down, it was a case of who they believed - Officer Gary Pignato or the woman who says he exerted his influence for sex.
The woman testified that she had been drinking that night and agreed to the encounter in an effort to avoid a probation violation which could have sent her to jail. But in his closing arguments Monday morning, Pignato's attorney Scott Green, painted a much different picture of what happened the night of August 24 2008.
He told jurors Officer Pignato didn't know at the time that the woman was even on probation. He then proceeded to try to break down her credibility, portraying her as a woman motivated by greed and said, "she has repeatedly lied, misspoke and shaded the truth."
Green conceded Pignato's decision to have a sexual encounter with her was maybe not smart, but in the end said, "what we have here is a consensual act between two adults."
The DA's office clearly disagreed. William Gargan said, “What occurred between those two adults was not an instance of consenting adults deciding to make a decision to engage in sexual relations later."
In his summation, Gargan called the woman a vulnerable wreck - abusing drugs and alcohol, caring for a sick mother, while being thrown out by her boyfriend and he says Pignato knew it.
Replaying a taped phone conversation between the alleged victim and Pignato, Gargan noted a portion of the conversation where Pignato seemed surprised she even knew his name.
Pignato: (How did you) find out who I was anyways? You never asked me who I was.
Woman: Yes I did. I asked you what your name was.
Gargan continued, “So it gives you a hint of what transpired the night in August. This was an incident of several hours together, but names were not shared, and again, there was one that was sober and a police officer and one that was not."
The jury deliberated for more than four hours, returning twice requesting more information. Once to have some legal definitions read back and the other to have testimony read back.
The judge did warn them not to consider the fact that Pignato did not testify at this trial.
Despite the conviction, Officer Pignato's legal problems are not be behind him. He's charged with similar conduct involving a second woman who claims she was also coerced.
When sentenced, Pignato faces two and a third to seven years in prison.
For more Rochester, N.Y. news go to our website http://www.whec.com/.
______
Other information: http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--policeofficerconv0609jun09,0,1755889.story
While deliberating, the jury came back twice to have testimony read back. Boiled down, it was a case of who they believed - Officer Gary Pignato or the woman who says he exerted his influence for sex.
The woman testified that she had been drinking that night and agreed to the encounter in an effort to avoid a probation violation which could have sent her to jail. But in his closing arguments Monday morning, Pignato's attorney Scott Green, painted a much different picture of what happened the night of August 24 2008.
He told jurors Officer Pignato didn't know at the time that the woman was even on probation. He then proceeded to try to break down her credibility, portraying her as a woman motivated by greed and said, "she has repeatedly lied, misspoke and shaded the truth."
Green conceded Pignato's decision to have a sexual encounter with her was maybe not smart, but in the end said, "what we have here is a consensual act between two adults."
The DA's office clearly disagreed. William Gargan said, “What occurred between those two adults was not an instance of consenting adults deciding to make a decision to engage in sexual relations later."
In his summation, Gargan called the woman a vulnerable wreck - abusing drugs and alcohol, caring for a sick mother, while being thrown out by her boyfriend and he says Pignato knew it.
Replaying a taped phone conversation between the alleged victim and Pignato, Gargan noted a portion of the conversation where Pignato seemed surprised she even knew his name.
Pignato: (How did you) find out who I was anyways? You never asked me who I was.
Woman: Yes I did. I asked you what your name was.
Gargan continued, “So it gives you a hint of what transpired the night in August. This was an incident of several hours together, but names were not shared, and again, there was one that was sober and a police officer and one that was not."
The jury deliberated for more than four hours, returning twice requesting more information. Once to have some legal definitions read back and the other to have testimony read back.
The judge did warn them not to consider the fact that Pignato did not testify at this trial.
Despite the conviction, Officer Pignato's legal problems are not be behind him. He's charged with similar conduct involving a second woman who claims she was also coerced.
When sentenced, Pignato faces two and a third to seven years in prison.
For more Rochester, N.Y. news go to our website http://www.whec.com/.
______
Other information: http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--policeofficerconv0609jun09,0,1755889.story
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