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DePersia Will Take Her Case to a Hearing

East Hampton woman will fight charge that she drank while on probation for a drunk driving crash.

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.

Daniel May 15, 2012 at 07:21 pm
Again... so head... Tell me again how it is the VICTIMS that are trying to manipulate the system.......
This is sad.. but I do grant her her day in court... just hope that she gets what she deserves....
S.B. Bonacker May 15, 2012 at 08:43 pm
Charlotte DePersia = Sociopath in "Denial" that she has to be held accountable for her actions and probation violation. This is a dangerous woman.
Daniel May 15, 2012 at 08:47 pm
I believe it will be a travesty but what do you think the odds are that she will get a deal again??
bridget May 15, 2012 at 10:18 pm
She obviously needs help, rehabilitation, and compassion. I remember her display of compassion: a few years back, she asked a mutual acquaintance that was going to be a Christmas Eve dinner guest at her house to invite me also, knowing that I was a newly divorced mother of a 1 year old, and far away from the home I grew up in, and feeling especially lonely. She treated me with dignity and compassion and even had a small Christmas gift for myself and little child. She left an indelible mark on my character to always pass the kindness on. I pray she is treated with compassion.
Drtee-Dancer May 15, 2012 at 10:33 pm
I was sentenced in the Riverhead court system to 1 1/5 years plus 5 years probation in county jail for having 3 DWI's over a ten year period. No accidents were involved. Ms. Depersia's attorney claiming 6 months jail time plus 5 years probation is customery, I believe it is not correct for her offenses. Where he comes up with this punishment, I do not know. A lot has to do with blood alcohol level at the time the offenses were committed.
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.
Starfishgirl May 15, 2012 at 11:19 pm
Patch you should know that there is a cyberstalker in our midst. You need to check the IPs of your members and start observing patterns. This person is a right-wing republican extreemist, misogynistic, sadist. He or she takes great pleasure in making anyone who threatens to take his spotlight of attention away. Please deal with this NOW.
Starfishgirl May 15, 2012 at 11:22 pm
*This person takes great pleasure in intimidating anyone who threatens to take his or her spotlight away*
Daniel May 15, 2012 at 11:53 pm
Starfish girl.. Being right wing or a republican, while I don't personally have the same views, is entitled to there opinion.
If you feel you are being threatened, report it in an email or to the police.
Daniel May 15, 2012 at 11:55 pm
Being passionate about what you believe in is not just limited to people who think the way you do.... Become more informed and put what you believe out
Starfishgirl May 16, 2012 at 01:53 am
Thank you Daniel.I am extremely informed. Please don"t pretend to be supportive when infact you are being obtuse and condescending.
Frog Morton May 16, 2012 at 12:56 pm
I think we have to realize that Mrs. DePersia's judgement is likely to be impaired and spending time in prison with other like-minded attitudes, was possibly an influence. Remember, "everyone in prison is innocent". Her cellmates have obviously convinced her that she is innocent, too, so she'll drag herself through another hearing to the embarrassment of her family. In the end, she'll have to face the judge who, God willing, will pronounce an "appropriate" sentence.
Drtee-Dancer May 16, 2012 at 01:40 pm
Great comment - having spent 1 1/2 years in Riverside & Yaphank County jail system, you sit around with murderers, bank robbers, alcoholics, drug addicts - a whole host of individuals who feel their innocent awaiting sentencing or trial.
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.
Daniel May 16, 2012 at 03:03 pm
You are truly amazing you can read peoples minds... be clear I am not supportive of you in anyway shape or form... you have enough bitterness and anger built up for a life time............. and clearly not a rational or reasonable one
Enjoy your self loathing... opps there goes the bell time for you to go back under the bridge Troll
Holly May 16, 2012 at 03:32 pm
The truth is that Charlotte DePersia has gotten away with more than she has been charged with.....what about the asault she committed in Bobby Van's a couple of years ago (again while she was drunk). Most of the community out here knows the things that she has done (and that the local papers don't usual report what both of the DePersia's are up to--ie when her husband had trouble with the law and it was report in the RealDeal in NY but not in either the Southampton or East Hampton Papers because Gary spends so much in advertising. All you have to do is google either of their names). The reality is sick or not, Charlotte DePersia has had numerous chances to 'get help' via many, many avenues. She has THREE DWI's ...at what point is she accountable for her actions? Being a drunk can only be an excuse for so long and once again trying to get out of the consequences shows that she has no feeling of personal responsibility. She should go to jail and do the full term.
Holly May 16, 2012 at 03:35 pm
and on top of that, she really is a mean person....a bully really and she has assaulted people (and her husband)....it is sad but true...
Legal Study June 25, 2012 at 03:17 pm
anyone know where we are with all this? haven't seen any updates as of late... thanks

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