NEWBURGH – A first-degree rape charge against Mount Saint Mary College Student Anthony Pennachio has been dismissed in Newburgh City Court.
Pennachio, 19, of Queens, was alleged to have sexually assaulted a female college student in a dormitory room back in March.
But, his attorney, James DiPietro brought the case before City Court Judge Paul Trachte on Tuesday and after hearing evidence, dropped the charge on the recommendation of the Orange County District Attorney’s Office.
DiPietro was highly critical of the way the Newburgh Police handled the case.
“I asked them to do their investigation independent of the Newburgh detectives because I thought they were jaded, and these guys quite frank were not very professional. They lived up to my expectation and all the felony rape counts were dismissed and my client was permitted to enter a plea to a low-level B misdemeanor. All he had to tell the judge was that, ‘I gave Kristen – I’m not going to give you her last name – a hickey without her consent,” said DiPietro.
The judge sentenced Pennachio to a conditional discharge.
DiPietro interviewed the 20-some-odd students outside the dorm room at the time of the encounter and entered a telephone recording between the two students three days later in which the girl admitted they had consensual sex, the attorney said.
