Details Emerge from Levy’s Deposition in Lawsuit Against Smith
A deposition given by Putnam County District Attorney Adam Levy concerning his defamation lawsuit against Sheriff Don Smith was recently completed, making a trial between the two just another step closer.
The deposition, which is more than 400 pages long, gave further insight into Levy’s connection to Alexandru Hossu, his failing relationship with Smith, and Levy’s perspective into how the investigation was handled that led to rape charges against Hossu.
During the deposition, Levy characterized the investigation as “sloppy,” citing numerous reasons to show a thorough investigation didn’t take place by the sheriff’s department.
A forensic examination of the alleged victim was not done before the arrest and phone records, CPS records, or pediatrician records from the alleged victim were also never obtained, he said. He even pointed out the girl was originally identified as 12-years-old, instead of her actual age of 13.
Levy also said the Westchester District Attorney’s office told the sheriff’s department not to make an arrest in the Hossu case yet, and when a Westchester assistant district attorney was told of an March 21 arrest, had no knowledge of it.
“There was nothing that was objectively done by the sheriff’s department that one would have done to enhance, to corroborate,” Levy said.
Hossu was acquitted of all charges back in the spring when he stood trial for the charges.
Levy also confirmed the exact sum of money he contributed to Hossu’s legal fund, which covered the vast majority of the costs. Levy paid Hossu’s first defense attorney Robert Altchiler $102,000 of the $112,000 Altchiler received. Well known developer Harold Lepier originally paid $50,000 toward Hossu’s defense, but in recent months asked Levy to pay him back that money, though Levy claimed they didn’t have any prior arrangement with Lepler to do so.
“Alex was my friend, so I paid (Lepler,)” Levy said.
Levy’s brother-in-law Dan Mentzer took over the case. It’s unclear who paid him and how much he received for his legal services.
Levy became friends with Hossu when the two men met after Levy hired him as a new personal trainer at a gym he worked out at in Brewster. After Levy constructed a house to have a home gym, Hossu would occasionally come by to train him at his house. Hossu would occasionally watch over Levy’s golden retriever and went camping with his family at one point.
Hossu also was a house guest of Levy’s for more than a year, though he also stayed at Clocktower Commons in Brewster, Levy said. Hossu’s driver’s license did indicate Levy’s home address and mail for Hossu came to Levy’s home, the district attorney acknowledged. But Levy stated that Smith knew that wasn’t Hossu’s actual address and simply wanted to link Hossu to Levy regardless of facts.
Levy also testified he took the appropriate actions as DA once he found out Hossu was under investigation. He said he never contacted Hossu and recused himself upon leaning from someone from his office that Hossu was a suspect in serious criminal charges.
The only time Levy said he talked to Hossu was after his acquittal and Hossu apologized for not telling Levy he was in the country illegally and using Levy’s address on his driver’s license.
“I said it didn’t make any difference Alex, they were going after you anyway because they really wanted to get to me,” Levy said in his deposition.
When Smith’s attorney, Adam Kleinberg, brought up why Levy is suing and if any damage has been inflicted to his reputation, Levy didn’t hold back in blasting Smith.
“I think what your client said publicly about me was so damaging to my legal reputation that to the extent that I were ever to apply for a job, change jobs, and someone were to simply Google my name as a result of what your client said early on in this case, absolutely, I think it would be—I think it would be very damaging,” Levy said, according to the deposition.
One uncovered wrinkle not related to the case is when Levy brought up that Smith is apparently being investigated by the DA’s office and US Attorney’s office for his association with Guy Gentile, a wealthy entrepreneur who was part of Smith’s reelection campaign in 2013. Levy didn’t go into any details beyond that an investigation is taking place.
In a statement to The Journal News, sheriff’s department spokesman Captain William McNamara stated, “In light of the circumstances, any attempt by the Putnam County District Attorney’s Office to investigate the Putnam County Sheriff’s Office could certainly create the appearance of a serious conflict of interest; hence, if any question were to arise concerning the work of the Sheriff’s Office, then it necessarily would have to be referred to an agency other than the district attorney’s office.”
