In a surprise move, Charlotte DePersia has decided to fight the allegation she committed a probation violation — in spite of a from the Suffolk district attorney’s office that said she would be sentenced Tuesday for drinking while on probation.
At Suffolk County Criminal Court in Riverside Tuesday afternoon, Justice William Condon set a June 5 hearing date for the 59-year-old East Hampton woman, who was put on probation after to a in Bridgehampton, in which she struck a vehicle carrying a Quogue couple and New Jersey couple, including a pregnant woman.
Defense attorney Tad Scharfenberg told Condon he needed time to gather evidence and witnesses to fight the allegation. Prosecutors say that DePersia already admitted to the Probation Department that she drank two glasses of wine while out in Montauk on March 10, registering a .039 percent blood alcohol content reading on a SCRAM, or secure continuous remote alcohol monitor, that she is required to wear on her ankle.
DePersia has at the Suffolk County Correctional Facility in Riverside in lieu of $500,000 cash bail or $1 million bond since April 10, when she entered a plea of "denial" at her arraignment on the probation violation.
Outside the courtroom, Assistant District Attorney Kate Wagner said prosecutors have been ready to proceed with a hearing since learning of the alleged violation, because there was no telling if she would admit guilt or fight the charge.
“We will call witnesses to establish she was drinking,” Wagner said.
District Attorney Thomas Spota is recommending the maximum of one and one-third to four years imprisonment.
Scharfenberg said that he seeks to prove DePersia innocent of violating probation — and said that even if she were guilty of drinking two glasses of wine on one day, the DA’s recommended sentence is not warranted. “I don’t think that deserves upstate incarceration, nor does my client,” he said.
He said that if DePersia were to be sentenced to incarceration, sixth months in jail and five years of probation is more realistic and customary. “Media attention had made it much more difficult for her to get justice,” he added.
Mothers Against Drunk Driving victim advocates Al and Roberta Ekberg were in court Tuesday to observe what was originally billed as her sentencing. Their son was killed in a drunk driving accident in 1991, they said.
“Everyone knows, ‘Three strikes and you’re out,’” said Mr. Ekberg outside the courtroom, referring to DePersia’s three arrests for driving under the influence of alcohol.
He said the biggest deterrent to driving drunk is prison sentences, and that is what he would like to see in DePersia’s case.
This is sad.. but I do grant her her day in court... just hope that she gets what she deserves....
I understand her attorney is trying to get her the best deal he can get (shortest amount of jail time). What he is failing to miss is that this woman needs help. The only thing she is achieving now by being in county jail is that she is not drinking. I forget the name of the prison upstate, but if sent there she will get the help she needs. As a degenerate alcoholic myself, I know 6 months is not enough. I am now sober close to 5 years & work at it everyday. Her attorney, the DA & the Judge should sit down & discuss what's truly in Ms. DePersias best intersets for survival. Please understand a crime has been committed here & people were injured. There is a penalty that needs to be paid within the society we live in.
If you feel you are being threatened, report it in an email or to the police.
As an alcoholic, it seems to me & I could be off base, Ms. DePersia needs to hit a bottom rather than having her attorney get her a better deal. I was 60 years old when I hit my personal bottom - a long time coming. I had to lose everything (marriage, children, money, etc.) & become homeless & eventually jail. It's not about jail time, but wanting help with her being alcoholic. Until this happens, she's a walking dead person. A crime has been committed here & an "appropriate" sentence will be doled out. Help will be forced upon her in an upstate prison, but probably will do no good unless she truly wants it.
Enjoy your self loathing... opps there goes the bell time for you to go back under the bridge Troll