Brawl lawyer's trial begins

The South Kortright lawyer who successfully defended Colin Davidson in the parking garage brawl trial is charged with trespassing, littering, disorderly conduct and resisting arrest.

Though Van Buren, 36, has retained Walton lawyer Terence O'Leary as his attorney, he gave his own opening statement about the events the morning of March 28.

However, prosecuting attorney Michael Breen from Schoharie told the jury, "You'll find that it's tawdry and embarrassing and shameful."

Van Buren said he called the Oneonta Police Department that morning to report a rock had been thrown through a window at an apartment at 246 Chestnut St., where Davidson was staying.

After receiving Van Buren's call, Breen said, officers went to the address they had for Davidson, which was incorrect. Sgt. Cameron Allison then called Van Buren back. During his conversations with Allison, Breen said, Van Buren allegedly used vulgar language.

"At that point in time, I lit into him a blue streak. I'm not proud of it," Van Buren said, adding he then drove to where Davidson was staying.

Police received a call from James Christiance — who lives at 244 Chestnut St. — at 5:15 a.m., reporting that Van Buren was sitting in a car at 246 Chestnut St. with the engine running and music playing, Breen said. The Christiances own and manage the property at 246 Chestnut.

Christiance had allegedly already told Van Buren to leave the premises, Breen said, and Van Buren supposedly responded with obscenities.

Van Buren said he had spoken to Shannon Munson — who lived at the apartment — and Davidson upon his arrival at the scene and told him that he would sit in the parking lot. He moved his car to the street after he was approached by Christiance, he said, and later moved it back to the parking lot.

Van Buren said he left the scene at one point to get coffee and a bagel from Dunkin Donuts.

When police returned, Van Buren was parked on the wrong side of the street.

Both lawyers said Van Buren used profanities and told one of the officers, who Breen said was approaching the building to inspect the damage, to stay away from his client. Van Buren then threw his coffee cup into the street, they said, though they differed as to which direction he threw it. The lawyers also disagreed as to whether Van Buren resisted arrest.

Breen said officers told Van Buren three times he was under arrest, but he kept his body rigid.

Van Buren claimed officers never told him he was under arrest and that he was seized by two officers while bending to pick up his coffee cup and thrown onto the hood of his car. At that time, he said, officers told him to "stop resisting."

Van Buren said the trial was not about whether his behavior was appropriate for an attorney.

"My conduct can't change what happened," he said. "Some of it I'm very proud of, some of it I'm not so proud of. The language was inappropriate for an attorney, but that's not why I'm here either. We're here to determine if I committed a crime."

The prosecution will call its first witness this morning.