Turner Opts Out Of Trial, Enters Five Guilty Pleas

By: Ashley Babbitt

Turner opts out of trial, enters five guilty pleas

NORWICH – A man admitted to beating two adults and now sits in the Chenango County Correctional Facility without bail awaiting sentencing.

Christopher L. Turner was arrested in April of 2014 following a call of a domestic dispute. It was alleged that he unlawfully entered a residence, and while inside injured two adult victims, while four children were also in the home.

Turner was facing a ten count indictment. A Chenango County grand jury indicted Turner on the following charges in May 2014: two counts of first degree assault, a class B felony; burglary in the first degree, a class B felony; burglary in the second degree, a class C felony; assault in the second degree, a class D felony; aggravated criminal contempt, a class D felony; and four counts of endangering the welfare of a child, a class A misdemeanor.

On Nov. 2, 2015, Turner appeared in Chenango County Court with his attorney F. Paul Battisti for the purpose of possibly changing his pleas from not guilty to guilty.

First Assistant District Attorney Michael Ferrarese appeared on behalf of the people.

Chenango County Court Judge Frank B. Revoir Jr. presided over the matter.

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“I know we’ve had numerous motions in this matter, numerous court appearances and numerous conferences,” said Revoir. “I’ll try to state and set forth on the record what I perceive is the agreement and then I’ll let counsel for the prosecution and the defense chime in if there’s something I haven’t stated correctly.”

Revoir continued by explaining the proposition: Turner would enter guilty pleas for five out of the ten charges. The court will impose the sentence, and time for all of the five counts will run concurrently – as in at the same time. Revoir said the court would “commit itself that the cap on the sentencing would be a determinate sentence of no greater than seven years to be followed by no greater than five years post-release supervision.”

The minimum sentence to the top count that Turner could receive by the court is five years incarceration followed by two and a half years post-release supervision.

Turner would additionally be required to submit his DNA to the state data bank, and those fees and surcharges were waived.

Restitution – an amount that will be determined by the time of sentencing – will be paid to the victims in the form of a civil money judgement.

An order of protection will be issued for both adult victims for the maximum amount of time allowable under the New York State law.

Defense attorney F. Paul Battisti said that what Revoir laid out as the proposed agreement was consistent with what had been discussed. Battisti said that his defendant wishes to, “put this all behind him so he can move forward, his family can move forward, it’s my understanding pending your Honor’s allocution, that he wishes to avail himself of that offer.”

Ferrarese said that he would like it on the record that, “There’s no promises or guarantee made by this Court or by the People or by defense counsel that there may not be a civil lawsuit” with regard to insurance bills that were paid by the victims.

“Mr. Turner,” said Revoir, “What that means is that ultimately as part of this sentence, whatever the out-of-pocket medical expenses that were incurred by the two adult victims, they would be reduced to a civil money judgement. I’m not addressing what the insurance companies, if there were health insurance companies, medical insurance companies, that paid some, I have no idea what was paid by those companies, but those companies have an independent right separate and apart from this proceeding, if they choose to pursue you for a money judgement for monies that were paid by the insurance company on behalf of either victim … has no bearing on this proceeding.”

Said Revoir, “I’m telling you they may in fact and it’s likely they will sue you to obtain money judgements.”

Turner then said – following the disclosure of the agreement – that he wished to proceed with the change of the pleas.

Turner was sworn in, and Revoir asked various questions with regard to his ability to read, write, and any history of confinement for mental or emotional disorders. Turner admitted that he previously completed 35 days in a rehab. Turner confirmed for the judge that he had not had drugs or alcohol prior to the appearance.

Turner said he was satisfied with the work Battisti had done for him, and that he felt he had enough time with his attorney before opting to change his plea to guilty.

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Revoir asked Turner if he understood his rights – including the right to continue to trial, the right to be represented by an attorney at said trial, the right to remain silent at trial, right to cross-examine witnesses, subpoena witnesses and the right to demand that the People establish guilt beyond a reasonable doubt.

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