GUILDERLAND — The Albany County District Attorney’s office voiced its outrage this week that driving-while-intoxicated evidence, after a Delhi college police officer was arrested in Guilderland, was not heard.

But the assistant district attorney scheduled to prosecute the case had failed to show up in Guilderland Town Court.
Judge Steven J. Simon said he couldn’t comment on a specific case but, speaking in general terms, he said, "We can’t hold a hearing or trial without both sides there."

William Conboy III, the assistant district attorney handling the case, wasn’t informed the suspect, Jason Horvath, of Voorheesville, was scheduled to appear in court, Richard Arthur, a spokesman for the district attorney’s office told The Enterprise.

Simon’s chief court clerk, Becky Letko, insisted that Conboy was informed of Horvath’s hearing, months in advance.
"It was scheduled in June and put in his mailbox," she told The Enterprise.

Since Conboy didn’t show up to prosecute Horvath, the test results showing Horvath’s blood-alcohol content and other evidence from the night of his arrest weren’t presented in court.

Simon is running for re-election on the Republican ticket this year. The district attorney, Democrat David Soares, has made a point of taking a tough stand on prosecuting DWI cases.

Conboy asked Simon to re-open Horvath’s case, but that request was denied, Arthur said.
"Somebody screwed up here, either the court or us," he said. "We think it was them. To refuse to re-open because of a clerical error, we feel is inexcusable."

The Enterprise asked Simon, again in general terms and not referring to Horvath’s case, if he ever postpones hearings or trials, if an assistant district attorney doesn’t show up. "It’s not a usual thing," he said. "It depends on the circumstances."
Asked how often he’s re-opened a closed hearing after an assistant district attorney has requested it, Simon said, "In my 25 years, it’s possible it’s happened. But, it doesn’t happen that often that both sides aren’t here for a case."

For traffic infractions, if a trial is set, the arresting officer has to be present or the case will be dismissed, Simon said. This is more common, he said.

Guilderland Town Court prints a calendar that lists the scheduled criminal trials and hearings, said both Simon and Letko.

Horvath’s Sept. 13 hearing was scheduled in June, Letko said. Hearings like this remain on the court calendar until the date passes or the hearing is canceled, she said.
Every court calendar, Simon said, again speaking in general terms, "is given to all parties involved," except an offender’s defense attorney, who is notified of a case by phone or other means.
"The DA has an office in the court," Simon said of the district attorney, "and the calendar’s put in his box along with other information."

When changes are made to the calendar, a new one is printed out, Letko said, but the previously-scheduled cases remain on the calendar. Therefore, Horvath’s hearing was listed on several calendars from June to September.
"As I understand it, every week he clears his box out," Letko said of Conboy. She’s sure that notice of Horvath’s hearing was put in Conboy’s mailbox, she said.

The court does not usually have problems with its calendar system, Simon said. He reiterated that, speaking generally and not about Horvath or Conboy, an assistant district attorney is almost always present to prosecute cases.

Letko, too, said that, in her nine years with the court, she’s not aware of any time when an assistant district attorney has not shown up for a case.

Conboy is in Guilderland court every Thursday and he picks up his court calendar for the following week then, Arthur said. He insisted that Conboy was never informed about Horvath’s case.

When an assistant district attorney doesn’t show up for a hearing, Arthur said, a judge can adjourn the case for 24 hours. Simon should have done this, Arthur said, or he should have tried to call Conboy’s cell phone that night.

In his statement asking Simon to re-open the hearing, Conboy asked for a fair opportunity to present the evidence, Arthur said.
"The judge ruled that the Tuesday hearing had been the fair opportunity and that it had come and gone," Arthur said.

Two weeks after the hearing, Horvath pleaded guilty to speeding, 62 miles per hour in a 40-mile-per-hour zone, on the night of his crash. Simon then ordered him to pay a $100 fine and a $55 surcharge.

The arrest

On April 26, Guilderland Police said earlier, Horvath crashed his car into a tree on the wooded side of Kings Road. He was extricated from the car by firemen and flown to the hospital by helicopter.

The crash was caused by both Horvath’s intoxication and speeding, Guilderland Lieutenant Curtis Cox said earlier. Horvath was badly hurt in the accident, Cox said of the 29-year-old.

Horvath was driving an old police car at the time, Cox said, but the car was no longer owned by any police department.

At the time of the crash, Horvath worked as a full-time officer at the State University of New York’s College of Technology at Delhi and as a part-time officer with the Delhi village police. But, he was off duty at the time of the arrest.

Joel Smith, director of college advancement at SUNY Delhi, told The Enterprise in April that Horvath was "an employee in good standing." Asked if he would be penalized or fired for the driving-while-intoxicated arrest, Smith said it would be presumptuous for the university to take action until all the facts of the case are in.
This week, Smith said that Horvath hasn’t worked since the accident and that he’s been suspended without pay since June. The suspension will continue, Smith said, "while we pursue the disciplinary actions within the guidelines of the state-negotiated collective bargaining agreement."

A representative of Horvath’s union, Counsel 82, could not be reached for comment.

Horvath joined the SUNY police force in September of 2001, Smith said earlier. He left in January of 2002 to work for the state’s Department of Environmental Conservation, Smith said, but he returned to SUNY full-time in October of that year.

Horvath is no longer employed with the village’s police department. He could not be reached for comment.