LIVINGSTON COUNTY – Opening statements were made in a historic jury trial in the Livingston County courthouse on Monday, as the Livingston County District Attorney’s Office clashed with defense attorney Daniel Magill over the first Welfare Fraud case to go to trial in County history.
After a plethora of Welfare Fraud cases in the county, Michele Duryea’s, case is the first that has challenged the charges. As prosecutor Josh Tonra and defense attorney Magill fired up to make their cases, sparks did fly before the jury as they took their positions on Duryea’s three alleged felony charges: Grand Larceny, Welfare Fraud and Misuse of Food Stamps.
“As I prepared to speak to you, [the Jury], a phrase kept floating across my mind: ‘Don’t bite the hand that feeds you,'” said Tonra. “If Ms. Duryea reported her boyfriend Eric Buchinger’s income, it would have resulted in a decrease in her benefits. So she contacted the Department of Social Services (DSS) and reported that he had moved out of 9907 Hunts-Hollow Road and was no longer part of the household. Then it becomes clear that her boyfriend has moved back in and was not reported. Don’t bite the hand that feeds you.”
Magill, on the other hand, filled the jury in on Duryea’s history, explaining that Duryea became depressed and broke up with Buchinger after she helped her best friend cope with the tragic loss of a teenage daughter, and witnessed the scene of the accident. Magill pointed out that Duyryea filed a custody petition to ensure that she kept the five children she shared in common with Eric, saying that it is extremely unlikely that someone would file for custody if their partner was still living in their house.
Most of the evidence presented so far has been documentation from DSS from Michelle Duryea’s applications and evaluations for Welfare benefits. Opening statements were delayed for hours as the judge and attorneys debated what was legally admissible evidence.
Witnesses have included a DSS Child Support Investigator who handled Duryea’s case, and a DSS typist and telephone operator who interviewed Duryea for her recertification for temporary assistance.
The trial will continue tomorrow with more government officials testifying in what appears to be a case of chasing down documents and complicated filing requirements.
PHOTO CAPTION: File photo.