POUGHKEEPSIE – A convicted felon with a long criminal history is in the Dutchess County Jail for allegedly making terroristic threats against the Hyde Park Police Department. The Appellate Division of the New York State Supreme Court Friday ordered him released without bail, but Michael Cavagnolo remains behind bars.
The 48-year-old Cavagnolo was originally arraigned in March in Hyde Park Justice Court and remanded to jail on $50,000 bail, despite objections of the Dutchess County Public Defender’s Office, who argued that the charges are not bail-eligible. County Court Judge Jessica Segal sided with the lower court and held him on bail pending the outcome of the grand jury.
Upon indictment, Cavagnolo was arraigned before County Court Judge Edward McLoughlin on April 15, who also ruled that the charges were eligible for bail and set bail at $150,000 cash, $ 250,000 bond, or $750,000 partially secured bond, over the objection of his public defender. The public defender stated that the original bail ruling was being appealed and a hearing was being held in the appellate court on April 22. The argument did not sway the judge and Cavagnolo was returned to the county jail.
On Friday, the appellate division ruled that the charges against Cavagnolo are not qualifying offenses and ordered him released, provided certain directives from the appellate court are met.
Cavagnolo appeared before Judge McLoughlin on Monday and learned that he was not being released, despite the new decision.
The appellate court decision, issued on Friday, set five conditions for Cavagnolo’s release.
- He needs to wear an electronic monitoring bracelet, with monitoring services provided by the Dutchess County Probation Department.
- He remains confined to his residence in Dutchess County except for visits to his attorney, his medical providers, or court, and must travel directly from his residence in Dutchess County to his attorney, his medical providers, or court, and directly back to his residence in Dutchess County when conducting those visits;
- He must refrain from possessing a firearm, destructive device, dangerous instrument or other dangerous weapon;
- He must surrender all passports, if any, he may have to the Office of the District Attorney of Dutchess County;
- He agrees that, if he flees Dutchess County, he will waive the right to oppose extradition from any foreign jurisdiction.
Cavagnolo is homeless and therefore, the probation department will not provide electronic monitoring. According to his attorney, the probation department will not equip the defendant with electronic monitoring at a rehabilitation facility or homeless shelter, thereby preventing Cavagnolo from being released from jail.
McLoughlin said on Monday, “Based on your history of violating parole and violating probation, I thought it was the right decision that you (Cavagnolo) be held,” noting that the appellate department is bound by the statute which does not believe that bail is necessary for individuals charged with making terroristic threats.
The judge told the defendant and his attorney that “I will follow the letter of the law with this ruling” and when he is able to find a place to live while on electronic monitoring, he will sign the order for his release. Until that time, the defendant will remain in the Dutchess County Jail.
“We appreciate the Appellate Division’s decision on a section of law that’s been in contention,” said Public Defender Margaret Walker. “Their order that our client be released to electronic monitoring is not immediately working out because our client doesn’t fit the criteria for electronic monitoring.” Walk’s office is continuing to research the options to get Cavagnolo released. “We are exploring all measures to ensure his release in accordance with the Court’s order. Remember that bail is about flight risk only and our client is presumed innocent until proven guilty,” she said.
