New York- A State Supreme Court Justice is resigning from the bench, and two careers are in ruins. Erie County District Attorney Frank Sedita says Judge Joseph Makowski [pictured] lied to the court to help a friend get out of a conviction. Now he's resigning and his friend, a former prosecutor, is pleading guilty to additional charges.
Those who practice law are held to a higher standard because they know better. And former Erie County prosecutor Anne Adams knew the consequences of lying and tampering with evidence. "Her conduct was disgraceful and she is being held accountable for her conduct. She is now a criminal," said Sedita.
Today Adams plead guilty in Erie County Court to driving while intoxicated and two new charges: offering a false instrument for filing and attempted tampering with physical evidence. Sedita says she tried to submit a falsely labeled blood sample to the court to get herself out of the drunken driving charge. "The person who drew the blood was one of the primary people who tipped us off and gave us the info and he cooperated," said Sedita.
"Its ironic, in the sense that, the original charge that she had, actually if she had been convicted of that, it would probably have resulted in nothing more than a fine. And by trying to avoid the charge, its become a much more serious result," said Eyewitness News legal expert Paul Cambria.
But Sedita told us that Adams, who is currently a professor at UB Law School, had aspirations of becoming a judge. And while a lawyer can often still practice with a DWI conviction, they can't take the bench. So the D.A. says Adams asked a friend, Judge Makowski, who was with her the night of the arrest, to write an affidavit stating that she was not drunk when she left the bar. The justice did that, but today, Makowski recanted that statement, which means he won't face any criminal charges. "He must resign from the bench which means his reputation is disgraced. And he's got a 1/2 million dollar fine because he's losing the last 4 years of his salary," said Sedita.
"It really is a very sad, sad day for the legal community to lose him on the judiciary. And this is a very, very rare occasion fortunately in Western New York," said Cambria.
Adams is represented by criminal defense attorney James Harrington. He said, "She is extremely sorry for what she's done and she takes full responsibility."
Adams will be sentenced on April 23, 2009 and could face up to 2 years in prison, as well as possible disbarment. Judge Makowski will leave his position on the bench by March 5.
