Cooperstown News Bureau

COOPERSTOWN - The former mayor and village clerk of Milford, Michael and Debra LaDuke, are scheduled to be tried in Otsego County Court starting June 9.

In a decision filed with the Otsego County Court Clerk's Office on Wednesday, county Judge Brian Burns dropped two more charges against the LaDukes, but decided that five remaining charges — three felonies and two misdemeanors — warrant a trial.

The three felonies allege that the LaDukes tampered with public records. The two misdemeanors allege they committed petit larceny.

Burns has dismissed 14 of 19 counts against the couple. When he dismissed 12 of those counts last week, he noted he was doing so "not based on the merits of the charges, but because of errors made by the district attorney's office."

The original indictment against the LaDukes had errors in it because more than one allegation was included in the counts, which is improper under state law.

The district attorney's office was given leave to present its allegations to another grand jury and did so; but by then many of the allegations were made too late.

Under state law, people are entitled to be indicted within six months of being charged with a crime. The second indictment against the LaDukes came more than six months after they were charged.

In court last week, the county's former Chief Assistant District Attorney Richard Brown argued that charges in the second indictment alleged crimes that had not been alleged originally.

Therefore, the charges should not be dismissed because of speedy trial considerations.

The LaDuke's attorney, Randel Scharf, argued that the charges were essentially the same as the original charges and should be dismissed.

Burns found that five of the remaining charges were substantially new and two were directly derived from the original charges against the couple.

Also in county court Wednesday, the county grand jury handed up indictments against seven people:

• Albert J. McCartney, 19, of Fly Creek was indicted on charges of second-degree burglary and fourth-degree grand larceny. Court papers allege this incident occurred Feb. 27 on state Route 28 in the town of Otsego and that McCartney took a "Bushmaster semi-automatic rifle."

• William Schaeffer, 63, of Worcester was indicted on three counts of second-degree disseminating indecent material to minors, possessing a photograph of sexual performance by a child, and endangering the welfare of a child.

Court papers state that he sent indecent photographs of nude males to a minor.

• Frank J. Giacalone, 18, of Afton was indicted on two counts of operating a motor vehicle while under the influence of alcohol and one of aggravated unlicensed operation. According to court papers, the incident occurred Dec. 7 on state Route 7 in Unadilla.

• David R. McArthur, 39, of Hudson was indicted on charges of operating a motor vehicle while under the influence of alcohol and aggravated unlicensed operation. According to court papers, the incident occurred Feb. 23 on state Route 28 in the town of Oneonta.

• Anthony Lewicki and Raymond Fish, whose ages and addresses were not available, were indicted on three counts of third-degree burglary. Court papers allege that they burglarized a building in Butternuts on Oct. 16, a building in Oneonta on Oct. 19, and a building in Maryland on Oct. 19. They are also charged with third-degree criminal mischief.

• Lewellyn D. Osborne, 42, of Otego was indicted on a charge of operating a motor vehicle while under the influence of drugs. According to court records, the incident occurred Dec. 27 on state Route 7 in the town of Maryland. He was also indicted on a charge of aggravated unlicensed operation.

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Tom Grace can be reached at grace@ascent.net or (607) 547-2431.