Putnam Settles Child Rape-Murder Case, DA Condemns Decision

The Putnam County Legislature approved a settlement Tuesday of a federal lawsuit brought against the county by Anthony DiPippo, who was convicted twice of the rape and murder of a 12-year-old girl before being tried a third time and acquitted.

One legislator, Nancy Montgomery, voted against the settlement.

The decision infuriated Putnam District Attorney Robert Tendy, who called it "incomprehensible and indefensible."

Josette Wright of Carmel disappeared in 1994. Her body was discovered in Patterson 13 months later.

DiPippo was first convicted of her murder in 1997 along with Andrew Krivak, but that conviction was overturned in 2001 because his lawyer failed to reveal that he was also representing a man that DiPippo said was the real killer. DiPippo was convicted again in 2012, but the New York State of Appeals found that he was not allowed to present evidence that another person killed Josette.

After his acquittal in 2016, DiPippo sued the county, alleging wrongful conviction and violation of due process.

The case has been settled for $12 million, but the county will only be responsible for paying $200,000, officials said. The rest is covered by insurance.

The county’s law department, outside counsel and insurers all recommended the county agree to the settlement, to reduce the risk to county taxpayers of a much larger verdict being awarded at trial. Since DiPippo was incarcerated for nearly 20 years, he could have potentially been awarded up to $30 million, plus millions in legal fees, by a federal jury in White Plains, officials said.

“I am deeply pained by this decision, but it was not made lightly,” said Putnam County Legislature Chairwoman Toni Addonizio. “We had to weigh the possible costs against the benefits and consider what was best for the county taxpayers in this difficult time."

William Carlin Jr., the County’s Commissioner of Finance, said that making a $200,000 cash payment was the county’s best option.

"From a fiscal perspective, this settlement is absolutely the correct decision,” Carlin said. “The County is able to limit our risk exposure to $200,000 and not jeopardize our bond rating as a result of a possible multimillion-dollar judgment"

Here are statements from County Executive MaryEllen Odell and District Attorney Robert Tendy.

Putnam County Executive MaryEllen Odell:

This was one of the most difficult decisions I’ve had to make as a County Executive, particularly given the circumstances of the crime and in light of the economic collapse we’re facing due to COVID-19.

I am, however, supporting this settlement to protect the taxpayers by capping the amount that we would be required to pay at $200,000. As a lifetime resident of Carmel and as a mother myself, I understand that what happened was an unbelievable tragedy. I also understand that there will never be closure for the victim’s family, but in light of what transpired in the criminal justice system I am now forced to make a decision that will protect county taxpayers.

Putnam County District Attorney Robert V. Tendy:

The Putnam County Legislature, with the approval of the Putnam County Executive and Putnam County Attorney, has agreed to settle a civil rights lawsuit filed by Anthony DiPippo by giving him 12 million dollars. I condemn this decision in the strongest terms possible.

It is my strong opinion, and prior courts have agreed, that Mr. DiPippo’s civil rights were never violated.

Had the Legislature, County Executive, and County Attorney bothered to take the time to look at this lawsuit carefully by conferring with my office, they would have realized that this lawsuit had no factual or legal basis and would ultimately fail. In all the years that the plaintiff’s criminal case was being tried and retried there had never been a single finding by any court of a civil rights abuse or any police wrongdoing.

The allegations in this lawsuit could have been disproven. However, the County never completed, and perhaps never even began, discovery in order to investigate Mr. DiPippo’s baseless claims. They never held formal depositions of the plaintiff or any of his witnesses. They never conducted any follow-up discovery because they never truly began the process of defending this absurd lawsuit. In my opinion, based on the public comments made by the legislators as they cast their votes, the County was concerned with one thing only: money.

It is a matter of public record that Mr. DiPippo was twice convicted by a jury of raping and murdering a twelve-year-old girl. He was found not guilty after a third trial. This does not translate into giving him 12 million dollars.

The negligence on the part of everyone responsible for this decision is astonishing and the decision is reprehensible. While the plaintiff’s lawyers held perhaps one hundred hours of depositions of approximately a dozen witnesses and demanded and received thousands of pages of discovery — something the defendant County was supposed to do first but did not — the County took no depositions and received minimal to no discovery. Accordingly, it was impossible for the County to adequately examine the plaintiff’s claims. It is incomprehensible that the county would agree to give the plaintiff 12 million dollars simply because he asked for it; but, realistically, that is what occurred. Had they consulted with my office, they would have discovered the baselessness of the plaintiff’s claims.

I am astonished and sickened by this decision. It is incomprehensible and indefensible.