Saratoga County District Attorney Karen A. Heggen announced today that Rory L. Graham, dob 11/21/61, was convicted yesterday, January 13, 2020 by a Saratoga County Jury following a trial in abstentia, of all the counts of an indictment regarding incidents that occurred in the Town of Galway on February 6, 2019 and March 4, 2019. The jury found Graham guilty of Criminal Contempt in the First Degree, a “Class E” felony, in violation of New York State Penal Law Section 215.51(c); Aggravated Family Offense, a “Class E” felony, in violation of New York State Penal Law Section 240.75; Criminal Contempt in the Second Degree, a “Class A” misdemeanor, in violation of New York State Penal Law Section 215.50(3); Aggravated Family Offense, a “Class E” felony, in violation of New York State Penal Law Section 240.75; Aggravated Harassment in the Second Degree, a “Class A” misdemeanor, in violation of New York State Penal Law Section 240.30(1)(b); and Endangering the Welfare of a Child, a “Class A” misdemeanor, in violation of New York State Penal Law Section 260.10(1).
The defendant, who was out on bail pending the trial, fled the Saratoga County Court’s jurisdiction just prior to the scheduled date of the trial. Saratoga County Court Judge James A. Murphy, III issued a bench warrant for the defendant. Prosecutors Senior Assistant District Attorney Robert Logan and Assistant District Attorney Adele Kurtz applied to Judge Murphy to hold the trial without the defendant being present. After demonstrating to Judge Murphy that the defendant’s failure to appear for trial was deliberate and willful, Judge Murphy ruled that defendant Graham could be tried in abstentia. A week-long trial proceeded, which included witness testimony from the defendant’s daughter, ex-wife, school personnel and law enforcement officers from New York State Police and the Division of Criminal Justice Services was held. The defendant was represented throughout the trial by his attorney, Daniel Smalls, Esq. Following deliberations over two days, the jury returned a verdict of guilty on all counts, which had charged the defendant with violating a criminal court order of protection in place for his ex-wife and subjected his ex-wife and daughter to domestic violence over a period of years. Although the defendant voluntarily left the jurisdiction prior to the trial, District Attorney Karen A. Heggen stated “I am pleased the victims of these domestic violence cases were given a day in court to tell their stories. The guilty verdict on all counts of the indictment indicate the jury believed the victims and the verdict holds the defendant accountable for his criminal conduct”. Judge Murphy has scheduled the matter for sentencing on March 12, 2020.