LIVINGSTON COUNTY — A letter obtained by the GeneseeSun.com from the New York State Attorney Grievance Committee appears to clear former Assistant District Attorney Eric Schiener of unethical conduct charges stemming from a 2010 legal case.
The letter addresses complaints raised around the case of Reynard Labostrie, who spent three months in County Jail in 2010 after a Grand Jury threw his case out for lack of evidence. Labostrie’s conviction was later vacated as a result of a special hearing, known as a “440 hearing.”
The letter from the Grievance Committee states:
“Your allegations of unethical conduct are based upon speculation rather than facts that would warrant an investigation. Moreover Distric Attorneys and their appointed representatives have prosecutorial discretion under law, and the Attorney Grievance Committee does not have the authority to review their decisions or evaluate their strategy and judgment in the prosecution of their cases.”
The letter is addressed to Scheiner, and signedby Andrea Tomaino, Principal Counsel for the New York State Attorney Grievance Committed.
Scheiner is currently in a primary campaign against Geneseo attorney and former U.S. Marine Steve Sessler for the Republican nomination. The incumbent Livingston County District Attorney Greg McCaffrey will be the Democratic party candidate in November.