Levy: Sheriff Admitted Hossu Interference Allegations ‘False’

Although referenced plenty of times during the race for the district attorney’s office, the status of the $5 million defamation lawsuit incumbent Adam Levy brought against Sheriff Don Smith has been quiet and relatively unknown.

That changed last week during a candidates’ debate. Levy said Smith admitted there was no evidence that he interfered with the Alexandru Hossu case leading up to Hossu’s arrest on March 20, even though Smith accused Levy of interfering and influencing the 2013 investigation of the alleged sexual assault days after Hossu was arrested, which is the basis for the lawsuit.

The revelation came during a candidate debate between Levy and Republican challenger Bob Tendy after Tendy, in response to a question about how to mend the relationship between sheriff and DA’s office, brought up the fact Levy was in depositions the same day as the debate.

“To accuse someone like me who’s dedicated my life to protecting children, to violate my oath to office, violate the law, committing crimes by influencing and interfering with his criminal case in an effort to help my friend, yes it’s true the depositions did take place today, and Sheriff Smith did admit all that was false,” Levy stated. “There was absolutely no evidence that I did that, suggesting it was all political.”

Levy went on to argue that he sued Smith to hold him responsible for knowingly making false statements.

“If he’s prepared to do that to me, no one, no one, is safe. So yes, I decided to hold him accountable,” Levy added.

After the debate, Levy didn’t back down.

“The sheriff made it very clear on March 22, 2013, that I influenced and interfered with his criminal investigation to help out a friend, who was accused of one of the most horrific crimes,” Levy said afterward. “Not only did the sheriff admit that all that was false today but every other witness from the sheriff ’s department who’s testified during these proceedings acknowledged and admitted under oath that it was all false.”

But Smith, who was actually at the debate and heard Levy’s statement first hand, refuted that.

“As the matter is still before the courts, I’m not going to comment on the evidence,” Smith said in a statement. “However, I don’t know how Mr. Levy can draw such a conclusion. That’s not the deposition I sat at.”

According to part of Smith’s deposition, obtained and reviewed by The Putnam Examiner, the longtime Republican sheriff did state he had no direct knowledge of Levy interfering with the Hossu case from the time an investigation began on March 12, 2013, to Hossu’s arrest on March 20.

The deposition, conducted by Levy’s attorney Michael Sussman, shows while Smith previously linked Levy to attempting to influence the outcome of the Hossu rape case, evidence to prove those allegations didn’t seem to exist.

When Sussman asked Smith if he had any information if Levy had any contact with Hossu directly or through a third-party, Smith said he did not have any knowledge of that.

“I don’t recall any direct implication of Mr. Levy, but to answer your question completely, I did receive information that there was a concern – it wasn’t directed directly at Mr. Levy,” Smith stated. “But there was a concern that information was being conveyed to Mr. Hossu and people close to Mr. Hossu, not directly from Mr. Levy, because certain things were happening.”

Some of those concerns included that Hossu changed a mailing address with the help of his girlfriend at the time from Levy’s to a post office box; that Hossu seemed “coached” during the controlled call between him and the accuser; and that under Smith’s impression, Assistant District Attorney Chana Krauss was trying to “hamper the credibility” of the investigation and told the Westchester DA’s office the allegations against Hossu were “bull—.” Smith later said he doesn’t know if Krauss had access to any information that would make her think that and also said there was no information that Hossu had been tipped off to the investigation.

It was later revealed the PO box was established in January 2013, months before Hossu was investigated. Smith said he didn’t recall if there was any information from the postal service about where Hossu was getting his mail between March 13 to March 20.

Smith admitted none of that was directly tied to Levy and Smith said he had no knowledge of an investigation, such as from the New York attorney general’s office, into Smith’s allegations from the Hossu case.

Sussman asked at one point if Smith thought Levy might attempt to assist Hossu as the investigation was ongoing. Smith replied “Not at all.”

Sheriff’s deputies involved in the Hossu case all said during their depositions that they didn’t have any information that Levy interfered with the case prior to an arrest being made. Lead investigator of the Hossu case, Stephen Tricinelli agreed when Levy asked if it was fair to say there wasn’t anything that led him to believe that Levy interfered during the investigation.

Former investigator Pat Castaldo said between March 12 and March 20, he didn’t mention Levy’s name and had no knowledge of him interfering with the investigation.

Former chief investigator Gerald Schramek also said in his deposition that when he, Castaldo and Capt. William McNamara briefed Smith the day of the arrest, Levy’s name was never raised.

Sussman asked, “Did Mr. Levy’s name come up in that briefing” to which Schramek replied “Not that I can recall.”

In Smith’s deposition, Sussman tried to link the possible and eventual sheriff’s candidacy of former chief assistant district attorney Christopher York to the press release Smith’s office sent out that stated Hossu lived at Levy’s home.

“This release came out. You’re responsible for the release. And this had nothing to do with Christopher York, right?” Sussman asked.

“Absolutely nothing to do with Christopher York,” Smith responded.

The impetus for what would eventually lead to the lawsuit started immediately after the arrest of Hossu for the alleged rape of a 13-year-old girl. (Hossu was later found not guilty of all charges.) The sheriff ’s office sent out a press release stating Hossu’s address was 70 Indian Wells Rd., the same as Levy’s. After Levy sent out his press statement refuting that, Smith responded with damning allegations.

“He is apparently trying to influence and effect the investigation, which could be perceived as an ethical violation of his official duties and perhaps even as an attempt to undermine it,” Smith stated.

After Hossu was arrested, Levy had previously acknowledged he paid more than $100,000 to the defense fund of Hossu. There were also allegations that Levy meddled in the case as it was going to trial, but Levy said in a New York Times article, “I offered advice and opinions but never did I interfere or cross any ethical or professional lines.”

Depositions continued on late last week.

To read Sheriff Don Smith’s deposition from Sept. 1 referred to in this article, please click here.