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Date Added: January 15, 2010
Nelson Costello gets 17-year prison term First published: Saturday, January 16, 2010 BALLSTON SPA -- The man who admitted in October that he killed a romantic rival 40 years ago was sentenced Friday to a maximum state prison term of 17 years. Nelson Costello, 63, formerly of Waterford, must serve a minimum 5 2/3 years. His guilty plea to first-degree manslaughter brought to a close the mystery of the disappearance of David Bacon. Costello killed Bacon on April 10, 1969. Both men were 22 and in love with Mary Haughney. Standing before Saratoga County Judge Jerry Scarano at his sentencing, Costello expressed remorse and said "Every day, sometimes four, five or six times a day" he thinks of what he did. "If I could change places with Dave, I would do it," Costello said. "I'm sorry. I know it's a word used quite often ... but all I can say is I'm sorry. If I could change the hands of time, but I can't." Assistant District Alan Poremba called Costello "narcissistic and calculating" and without sympathy or remorse. Costello's attorney Gaspar Castillo said his client has continually expressed remorse. "That Nelson Costello has no remorse could not be further from the truth," he said. As part of the plea bargain, Costello is helping pinpoint where he buried Bacon's remains in Lynchburg, Va,, on the banks of the James River, Castillo pointed out. The judge told Costello he lived a full life but what he did the Vietnam veteran was "truly tragic." For nearly 30 minutes, Bacon's brother-in-law Donald Miles of Pleasantdale talked about not knowing what happened to him. Miles was married to Ann, Bacon's sister, who died of cancer in 1983. At the time of his disappearance, Bacon lived with the couple. Numerous times in court, the 70-year-old Miles broke down sobbing. In the spectators' section were 20 family members and friends. Especially emotional was Mary Haughney Bartlett, 60, of Schaghticoke, who was engaged to Bacon when he disappeared. Her husband, Jim, comforted her. Miles read from a victim impact statement: "Mary did go out on a couple dates with you, Nelson Costello, before realizing what a mistake it was, and realized that Dave was the right man for her. "You could not accept this kind of rejection. Instead of walking away like a man, you cowardly kidnapped and killed a real man" you never even talked to. Miles said Costello, a Waterford constable, told Bacon he needed to talk to him on a police matter. The men drove to Riberty's Grove in Waterford, where Bacon was shot three times in the chest. "You, Nelson Costello, executed a man that did nothing to you," Miles read. "You cut a good man down in his prime years while you, a despicable confessed killer, got to live out yours." Bartlett refused to speak as she left the courtroom, but Saratoga County District Attorney James Murphy passed out a statement she wrote thanking law enforcement agencies. "I am grateful that after 40 years there is justice for Dave and some closure for me and his family," she wrote. "I pray that all other families that have a missing loved one will one day get their answers. Dave's case proves that there is always hope." State Police believe they have recovered the .357 handgun Costello used. It has changed hands several times in 40 years, but it was the constable handgun initially assigned to Costello, State Police Captain Steven James said at a news conference immediately following the sentencing. Murphy called the case "ripped from the headlines -- an incredible tale with twists and turns over the last 40 years." The night Bacon was killed, he dropped off Haughney, then went home and took a short nap before leaving for his midnight shift. He was to pick up his brother, Bill, who lived in Lansingburg and worked with him at Behr-Manning factory in Watervliet. When he didn't show up, Bill Bacon called Ann Miles. Donald Miles went out looking for him and found his 1965 Mustang parked on New Turnpike Road in Lansingburgh, halfway to his brother's home. The car was unlocked, with the keys in the ignition and a lunch box in the back seat. Miles said his sons were 6 and 2 1/2 years old when their uncle, who they idolized, went missing. The case went cold -- with Bacon getting "a blurb in the newspaper" as a missing person, Poremba said -- until March 17, 2008. Costello's ex-girlfriend called his sister Judith Williams in North Carolina to say Costello told her he killed a man identified only as "Mary's boyfriend" in 1969. Williams told a minister, who called Troy police. State Police Major Crimes Unit reopened Bacon's missing persons case. Costello, a retired tugboat operator from Prescott, Ariz., was arrested last January in Cohoes during a visit to the area. He was already a suspect who state police questioned in Arizona. Murphy said digging will start again in the spring to try to locate Bacon's remains in Virginia. "It's bittersweet today," the DA said. "We have answers, we know what happened, and now we begin to mourn the loss of a loved one 40 years later." Reach Carol DeMare at 454-5431 or cdemare@timesunion.com.
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Date Added: December 18, 2009
Daily Gazette articleFriday, December 18, 2009 Alleged victims testified officer was on duty, in uniform By Kathy BowenIndictment alleges deputy forced women into sex acts Donald Harder III BALLSTON SPA — A Saratoga County sheriff’s deputy has been indicted on 11 charges for allegedly forcing four women to perform sexual acts with him while he was on duty and in uniform over the past two years. Patrol Officer Donald Harder III, 28, of Hadley, was arrested in August after a woman filed a complaint that she had been forced to have sex with the deputy after he responded to a call in Edinburg. District Attorney James Murphy III said when news of Harder’s arrest became public three other women notified police that they, too, had been forced to have sexual contact with the deputy while he was in uniform. Assistant District Attorney Jennifer Buckley, who is handling the court case against Harder, said some of the alleged criminal incidents occurred when the victims were in Harder’s custody and some involved criminal investigations conducted by Harder in which the women were not suspected of any wrongdoing. Murphy said in each case Harder was in uniform and the women were in positions of vulnerability. The Saratoga County grand jury indictment was presented to County Court Judge Jerry Scarano Jr. Thursday morning. Harder, who has been free on bail since shortly after his arrest, has not yet been scheduled for arraignment on the indictment counts, according to Murphy. “We feel the grand jury indictment may bring forth even more victims,” Murphy said. “We want any potential witnesses to feel free to go to the police. The sheriff’s office has been very cooperative in providing all information we have requested and some of the sheriff’s people even testified before the grand jury.” When Harder was arrested, Saratoga County Sheriff James Bowen said the alleged victim reported she and the deputy were acquainted before the incident, which she said occurred between 7 and 8 p.m. in Edinburg. The 27-year-old woman made her police report shortly after 11 p.m. that night. The indictment further alleges Harder forced contact with one of the women on three separate occasions, first in the summer of 2007 and again in June and July of this year. All incidents took place in the town of Greenfield, according to Buckley. She said another victim reported she had been forcibly touched by Harder in August 2007 in the town of Corinth. Buckley said the investigation into that incident resulted in a count of official misconduct because the statue of limitation had expired on a forcible touching charge. The last alleged victim who testified before the grand jury said she had been sexually abused by Harder in Corinth this past June. Murphy said that each alleged victim reported similar details — that Harder was on duty and in uniform at the time of their encounters. “That is all part and parcel of our theory of forced compulsion,” Murphy said. Bowen said Harder had been a patrol officer for three years and the office had never received a complaint about the performance of his duties. The deputy was suspended from the department without pay at the time of his arrest. Murphy said Harder could face up to 7 years in prison if he is convicted of the most serious charges in the indictment. The charges handed up by the grand jury are felony counts of first-degree sexual abuse and third-degree criminal sexual act, and misdemeanor counts of forcible touching, third-degree sexual abuse and official misconduct. Bowen said on Thursday that the allegations have been very upsetting and very embarrassing for his department. “It’s in the district attorney’s hands now, and it will go through the judicial system,” Bowen said. “I’m behind the district attorney 100 percent and looking forward to the trial.” He said Harder had worked from the department’s substation in Corinth for the three years he was a road patrol officer.
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Date Added: October 30, 2009
BALLSTON SPA, N.Y. -- The remains found in a heavily wooded area in Saratoga County earlier this week have been identified as a teenager from Colorado who disappeared from Ballston Spa in 2003. During a news conference at the Saratoga County District Attorney's Office on Thursday, authorities said the skull was linked through dental records to Jennifer Hammond, who was last seen at the Creek and Pines Trailer Park in August 2003 when she was 18 years old. Troop G Commander Mayor Bill Sprague said, "We discovered that there was dental work on three of the teeth that had been recovered. That dental work was analyzed and compared with open cases, and we have come up with a positive identification that the victim is Jennifer Hammond. We have a high degree of confidence in this identification that will be confirmed by the subsequent DNA test, which will take some time. Probably a month to six weeks." Police said Hammond worked for a magazine company that traveled state to state, which is why she was in the area. A hunter discovered a partial skull in a heavily wooded area in Greenfield on Monday, Oct. 26. Authorities found more bone fragments the following day. A joint homicide investigation is underway. Related Stories
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Date Added: October 1, 2009
Horse trainer gets 20 years for abusing boys BALLSTON SPA - For years, Donald Nitchman sexually abused the three teenaged boys who worked on his farm. Thursday Nitchman was sentenced for what prosecutors called "unspeakable" crimes. The 49-year old horse farmer said he was sorry. But prosecutors say Nitchman is sorrier that he got caught. The abuse took place between 2004 and 2007. All of the boys were just 13 years old when the it began. Police say there were at least 160 separate incidents. All of the boys worked at Nitchman's Saratoga horse farm, though rarely would more than one boy work at a time. Prosecutors say that's the way Nitchman planned it so no one would find out. "In remote locations on the farm, far away from anyone's earshot, in the barn, in the dark recesses of the basement of the house. These were places he'd planned and he'd set up and lured these boys in to do unspeakable acts," District Attorney James Murphy said. Police learned of the abuse of all three after one of the boys came forward. He's now 16 and he mustered up the courage to speak in court Thursday, saying he came forward because he "wanted to stop the worst from happening." adding, "This has torn me away from my family. I am angry and there was a point I hated my life," the boy said. Nitchman spoke briefly before he was sentenced, saying he pleaded guilty to spare the victims more grief and despair. "I have a problem that requires help and I'm very sorry," Nitchman said. "I think he's sorry he got caught," Murphy said. "Regardless of whether he is or isn't sorry, it will never repair the trauma the boys have suffered because of him." The boy who spoke said he no longer trusts men and has to rebuild his life from square one. Saratoga County Judge Jerry Scarano sentenced Nitchman to 20 years in state prison.
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Date Added: September 25, 2009
Judge rules to allow video recordings in 40 year old Waterford homicide
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Date Added: July 29, 2009
Arrest made in Saratoga abduction Posted at: 07/27/2009 10:57 AM Updated at: 07/28/2009 12:50 PM By: WNYT Staff SARATOGA SPRINGS - Police have made an arrest in the case of a woman abducted last week in Saratoga Springs. A Corinth man was arraigned Monday morning on robbery and kidnapping charges. Victor Hernandez-Perez is being held without bail. Police say the 23-year-old man is originally from El Salvador. At a news conference, Saratoga Springs police, state troopers and the district attorney's office said Hernandez-Perez has no connection to the victim. They believe this was a completely random act and that the victim likely saved her own life by escaping. The 24-year-old woman was attacked from behind Thursday on Walnut Street. It happened just before 11 p.m. Police say a man hit her on the head and forced her into a blue minivan at gunpoint. The victim was ordered to remove her clothing and driven out of town. Authorities say Hernandez-Perez put the woman in the backseat, where he had engaged the child safety locks so she could not get out. However, when the minivan slowed down she jumped into the front seat and then leapt from the moving vehicle. She ran to a nearby home screaming for help. Hernandez-Perez was arrested around 9:30 p.m. Sunday. A trooper pulled him over after he spotted the minivan swerving on the road. A police source tells reporter Mark Mulholland that police are looking into a possible link between this case and a recent attempted abduction in the Lake George area.
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Date Added: June 17, 2009
SARATOGA SPRINGS - With graduations coming up, police say area retailers are making the grade when it comes to refusing alcohol to minors. Ninety-five percent of high school seniors surveyed say it's easy or very easy to get alcohol. But in Saratoga County, it's getting a little harder. The Prevention Council, an alcohol and substance abuse group, says area businesses are doing a better job these days of refusing alcohol to minors. Haley Morris' family convenience store was one of 35 area businesses to turn down a minor trying to buy alcohol as part of a police sting. "Not getting stung is more important than just one beer sale," Morris said. The larger stores like Hannaford have a bit of an advantage over smaller stores. They have more employees, meaning more sets of eyes to look at customers and their licenses. In fact, that's what Hannaford demands of its employees. Two people have to look at every customer who buys beer. "We want to make it as difficult as humanly possible for somebody underage to not be able to get through with alcohol," Rick Stauffer of Hannaford said. The Saratoga and South Glens Falls Hannafords were among the 35 stores who turned away the minor and were honored Tuesday as "unstung heroes." "We always talk about those that get caught, but I think it's more important to praise those businesses and agencies that do the right thing," Saratoga County District Attorney Jim Murphy said.
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Date Added: February 3, 2009
Twenty two teenagers were charged Friday evening after Saratoga County Sheriff’s deputies responded to a disturbance call at 84 Middle Line Road. The 16- and 17-year-olds were each charged with possession of an alcoholic beverage by a person under the age of 21 years with the intent to consume, a violation of the ABC Law. They were issued appearance tickets returnable on Feb. 11 in Ballston Town Court. The resident of the home, Hugh Kelleigh, 16, also faces an additional charge of first-degree unlawfully dealing with a child. Saratoga County District Attorney James Murphy said sentencing for the violation is typically a fine but his office would encourage alternate sentencing for the youth involved. Other options would be participation in community service, attending classes offered by the Alcohol and Substance Abuse Prevention Council of Saratoga County, or complete an online educational program related to the effects of alcohol on the teenage brain.
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Date Added: January 13, 2009
Some Shen hockey players thrown off team CLIFTON PARK - The Shenendehowa hockey team had lots to celebrate last season. This year, not so much. The School said twelve members of the team were smoking pot in a Morrisville hotel room last week. Six of them were caught by their coach who was doing bed checks. "Twelve kids have been identified and 12 kids have admitted to some degree of involvement on use of marijuana, possession of marijuana, and some degree sales of marijuana because they were selling one to another," said Superintendent Oliver Robinson of the Shenendehowa Central School District. Dr. Robinson said the punishment will range from five days out-of-school suspension to seven weeks suspension. Some will miss five games. Some are done for the season. It's not likely that police in Morrisville would bring charges against the young players, said Saratoga County's District Attorney, because a police officer has to witness it for a charge to stick. "The penalties are very low, the proof is very difficult, but I think the bigger question is how can we prevent teens from using marijuana because we know it's a gateway drug to many other kinds of drugs," said DA Jim Murphy. "From a criminal perspective, it may not be enough to prosecute, but from our standpoint, be it one joint, one puff or whatever, that's one too many," said Robinson. Ted Chrimes was working at the Hockey-n-More store in Clifton Park this afternoon. He worried that this incident gives all hockey players a bad name. "You can't be doing that in hotels, you're representing Shen. You're representing Clifton Park, you just can't do that," he said. Shen's hockey season will continue with just 16 players on the team. They play in Glens Falls Wednesday night.
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Date Added: December 5, 2008
Billboard could deter shoplifting SARATOGA SPRINGS - Think twice before you shoplift or your picture could end up on a digital billboard at your favorite mall. Stores have been losing the battle against shoplifters. So law enforcement is using an age-old deterrent - shame. A downstate mall is offering shoppers a chance to be famous this holiday season. A commercial playing on a digital billboard at the Staten Island Mall warns customers that if they shoplift, they'll be prosecuted, photographed and their picture could end up on display. It's not happening locally - at least not yet. "I'm going to be watching it and talking to the Staten Island D.A. about how it goes and I think it's something I might consider in the next year," Saratoga County District Attorney Jim Murphy said. In Staten Island, the district attorney pays for the ad space with money forfeited by criminals and the county gets a discounted rate. Murphy calls anything that deters shoplifting a worthy investment, saying his office devotes a lot of resources to dealing with people who fill their stockings with stolen merchandise. "For example, just today we had 15 cases come in this morning, all shoplifting cases, across the county," Murphy said. Retailers also like the idea of exposing thieves, saying shoplifting costs nearly $40 billion a year. "The money has to come from somewhere and the money comes from you and me and all the other honest shoppers out there," said Ted Potrikus of the Retail Council of New York State. Murphy says its worse this year. The down economy is driving up shoplifting.
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Date Added: September 15, 2008
By Joel DalyCHICAGO (WLS) -- Each year, dozens of people in Illinois simply disappear. Some are later found murdered. Some are never found again. Two of the more notable disappearances, ongoing in the Chicago area, involve Lisa Stebic and Stacy Peterson. But, old cases become cold cases and are simply filed away. Some officials are now using a new and unusual way to keep cases from being forgotten. Cards have the name and description of a missing person or murder victim. The deck is being distributed to prisoners in the state of New York. Similar decks are going to prisons in a number of other states and may soon be available in Chicago. It's the idea of a New York man named Doug Lyall whose daughter, Suzanne, disappeared from an upstate college campus ten years ago and is presumed dead. Doug and his wife, Mary, started the Center for Hope which manufactures and distributes the playing cards. Lyall points out that incarcerated men like to play cards and they like to talk. They are in a unique position to know, hear and see things that may not reach the eyes and ears of law enforcement. The cards may trigger a memory or spark some conscience. Rewards of up to $1,000 will be offered for tips that help resolve cold cases. Story continues belowAdvertisement Two Chicago police detectives hope to take the idea one step further and distribute the specialized cards to the general public. "It's an untapped resource," said Detective Tim Murphy, Chicago Police Department. "Let's get them out to the community and hopefully some of the information will shag some memories and people will reach out and contact us," said Detective Dan Stover, Chicago Police Department. The whole idea started with the invasion of Iraq, when the government put the pictures of wanted war criminals on playing cards. (Copyright ©2008 WLS-TV/DT. All Rights Reserved.)
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Date Added: September 11, 2008
Babysitter sentenced for scalding toddler 08/13/2008 10:35 AM By: AP Wire Service VALLEY FALLS, N.Y. (AP) - A Saratoga County woman who admitted she scalded the feet of a 2-year-old boy was sent to prison for one to three years, despite support from the victim's family. Christian Cail required skin grafts on his feet after receiving third-degree burns while Chastity Pasinello was babysitting him last October. Saratoga County District Attorney James Murphy requested that the 25-year-old woman be sent to prison. Babysitter sentenced for scalding toddler A Saratoga County woman who admitted she scalded the feet of a 2-year-old boy was sent to prison for one to three years, despite support from the victim's family. At sentencing on Tuesday, Pasinello, who has an infant and toddler of her own, pleaded for community service instead of jail time. She insisted that the bathtub scalding was an accident, and friends and relatives of the injured child supported her. The boy is her close friend's son. Murphy said the investigation doesn't support Pasinello's version of the incident.
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Date Added: September 11, 2008
Thursday, September 11, 2008 Dawson arraigned in attack on officer Updated: 09/29/2007 09:16 AM By: Web Staff SARATOGA SPRINGS, N.Y. -- The man accused of attacking a Saratoga Springs officer earlier this month has pleaded not guilty. Seth Dawson, 19, is charged with aggravated assault on a police officer after authorities said he slashed the throat of Officer Adam Baker. Dawson pleads not guilty The man accused of attacking a Saratoga Springs officer earlier this month has pleaded not guilty. Investigators said Dawson had wandered nearly a mile away from Four Winds Hospital when Baker tried to take him into custody. That's when police said Dawson took out a razor from his pocket and slashed Baker across the neck. Police are crediting two fellow officers and one 13-year-old girl who provided first aid at the scene for saving Baker's life. Dawson has been denied bail.
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Date Added: September 11, 2008
Operation Hotel Check Out underway for prom weekends Updated: 04/05/2008 08:33 AM By: Britt Godshalk SARATOGA SPRINGS, N.Y. -- For some teens, nothing lights up prom night like an after party in a hotel suite. “I realize that some say it's a rite of passage and I understand that sentiment,” said James Murphy, Saratoga County District Attorney. However, Saratoga County District Attorney James Murphy has seen it's darker side. “We unfortunately have situations where women have unwanted sex. We have boys that are charged with rape the next day,” said Murphy. He said underage drinking is the uninvited guest that can turn a night you can't forget into a night you wish you could. “You have kids walking down the middle of Broadway because they're drunk and they're staying at a hotel and they're possibly going to be hit by a vehicle. It's just bedlam,” said Murphy. Operation Hotel Check Out underway for prom weekends For some teens, nothing lights up prom night like an after party in a hotel suite. So he's partnered with area hotels to keep a watchful eye. It's called Operation Hotel Check Out. “Check out who is in the room that night if you see people bringing in large quantities of alcohol. Respond to noise complaints from neighboring rooms,” said Murphy. The DA sent a letter to 65 hotels in Saratoga County asking them to do just that. But at least one hotel manager in the area is already sending a clear message to teens who want to rent one of his rooms to throw an underage drinking party. “We don't want their business. The hotels look for these dates in advance, and everybody that's responsible as a hotelier will take the action accordingly to let their staff know what needs to be done and if there's a problem that we'll act accordingly,” said Bob Herrold, Residence Inn by Marriott Saratoga Springs GM. You might see a cop, you might a police officer, you might see somebody in uniform and ultimately you might see the inside of a courtroom. And if we find that someone who is an older sibling more than 21 years old or a parent provides alcohol to a minor that's a crime,” said Murphy. A crime that could mean spending a year in jail before they can check out.
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Date Added: September 11, 2008
School develops truancy program 03/13/2008 11:33 AM By: Vince Gallagher It's a problem you can find in just about any school -- truancy. But it's also an issue that's being taken more seriously for students who repeatedly skip school. This is why the Saratoga Springs City School District developed the Student Truancy Prevention Program. Saratoga Springs School Attendance Supervisor David B. Torres said, "There are home visits that my office conducts, there are parent contacts through letters, meetings with administrators and school personnel to regulate the truancy of these kids. School develops truancy program It's a problem you can find in just about any school -- truancy. But it's also an issue that's being taken more seriously for students who repeatedly skip school. This is why the Saratoga Springs City School District developed the Student Truancy Prevention Program. The goal is to find the real reason behind skipping school. Many times it can be social issues such as alcoholism, drugs, or domestic violence. These factors can all lead to empty seats in the classroom. Torres said, "If in fact it gets to a certain amount of days, and in our office it's thirty days, thirty absences, that's when we involve the DA's office." Which is exactly what happened. Saratoga County District Attorney James Murphy has come on board to address the issue. He says the goal isn't to punish or prosecute anyone, but to help the parents get their kids back in school. Murphy said, "We're talking about the parents who are not engaging in their child's educational program, who are hitting the snooze button, who are allowing younger students to babysit for siblings, parents who enable their children not to attend school." Since the program began in Saratoga Springs back in 2001, it's been considered a success, so much in fact, that it now has the potential to go county wide. Murphy said, "I think that my office can engage all the districts together and I think it can be a great success county wide. I've heard from other district attorneys across the state who are also interested in bringing the program to their counties as well." Ballston Spa is one of those school districts looking for that extra helping hand. Ballston Spa High School Assistant Principal Mark R. Stratton said, "I'm very optimistic that Ballston Spa will be signing on with this program and using the district attorney as a liason attempt to improve our attendance rate."
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Date Added: September 11, 2008
CLIFTON PARK, N.Y. -- "In every country throughout the world, including the United States, women and girls are trafficked and enslaved for sex," said Saratoga County Soroptimist International President, Mary Huber. Huber's club works to help women and girls and she wants everyone to know sex trafficking is going on right now. It's a tough message you'll see in brochures around the state. "Because it's hidden, we can't be sure about the exact statistics," she said. Huber and other officials are working to confront the problem - apparently a $32 billion global industry and one that may use the Capital Region more than we think, especially because the Northway and 90 run right through. Officials warn of human trafficking Huber's club works to help women and girls and she wants everyone to know sex trafficking is going on right now. Ken Franzblau, DCJS Director of Human Trafficking Training, said, "We must all be aware that the demand exists through prostitution." Troop G Major, Patricia Groeber, said, "This is not a new issue, but one that continues to grow, with an estimated 14,000 to 17,000 men women and children in the United States being trafficked each year." New state legislation now makes it likely someone found guilty of the crime will get decades in prison, instead of just a year or two. And that new legislation not only increases the penalties for those who commit the crime, it also helps the victims. Saratoga County District Attorney, James Murphy, said, "We'll assist her (a victim) in obtaining benefits and services from social services be it housing, be it assistance with heating, or food." They say you can help too by looking for signs as you travel for someone who may be controlling another person. "You have to use your common sense if you get that gut feeling don't be afraid to pick up the phone," advised Groeber. While the last known case in our area happened in 2004 they say even one person's vigilance can prevent a lifetime of horror.
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Date Added: August 18, 2008
NYS Department of Labor Press Conference
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Date Added: August 18, 2008
Press Conference with NYS Labor Commissioner Smith and Capital District District Attorneys
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