LIVINGSTON COUNTY – A Livingston County Assistant District Attorney said at a Tuesday court appearance that a Rochester attorney’s representing two people accused as conspirators in the same robbery was an irreconcilable conflict, and stated the DA’s Office’s opposition for the record.
Assistant District Attorney Joshua Tonra said that the District Attorney’s Office was opposed to defense attorney Raymond Scarrino’s representation of both Courtney Ortiz, 21, and Josue Quinones, 24, on robbery charges.
“For the record, it is the People’s position that to represent both Mr. Quinones and Ms. Ortiz represents a conflict, perhaps an irreconcilable one,” said Assistant District Attorney Joshua Tonra. “We would state our opposition for the record.”
Judge Robert Wiggins explained that the concern in such arrangements is that the two accused people will have different wishes for the resolution of the case and the assigning of blame, making it impossible for the defense attorney to serve the wishes of both.
“Any time one attorney represents codefendants, there is always the danger that there will be conflicts,” said Judge Wiggins. “Maybe if you and I were codefendants, I would blame you with everything and say I had nothing to do with it.”
Judge Wiggins asked Quinones if he is comfortable proceeding with understanding the danger of such a conflict, and Quinones said he was.
An order of protection was signed in favor of the alleged victim, who was allegedly beaten on Lacey Road by Quinones, Kyle Coley Adams, 23, and Benjamin Brown, 23, for cash that he owed Ortiz.
Ortiz has been offered a deal to plead guilty to felony Robbery in the Second Degree and serve 3 1/2 years in prison and five years of post-release supervision. If she agrees to testify against her codefendants, she could serve 2 years in prison and 3 years of post-release supervision.
Quinones has been offered 7 years in prison as a second felony offender.
A pre-plea investigation was ordered for Quinones.