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Duvé: Ogdensburg drug suspect was not in jail at time of crime

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CANTON — A Jefferson County man who is representing himself against drug charges in St. Lawrence County Court suffered a few legal setbacks Monday.

Anthony J. Peterkin Sr., 49, Watertown, argued last month that he couldn’t have sold cocaine in Ogdensburg on March 21, 2012, because he was in the Metro-Jefferson Public Safety Building on unrelated charges at the time. When an initial inquiry indicated that he was in the facility, Mr. Peterkin asked Judge Jerome J. Richards to instruct prosecutors to request all records for March 2012.

St. Lawrence County District Attorney Nicole M. Duvé presented documents in court Monday showing that Mr. Peterkin was booked into the Jefferson jail on March 30, 2012.

Mr. Peterkin also was informed Monday that motions he filed in the case did not reach the DA’s office in a timely fashion, and Ms. Duvé was granted a week to review and respond.

Mr. Peterkin asked if he could be released in the meanwhile. Judge Richards said he would only consider a pretrial release application in writing, sending Mr. Peterkin back to the St. Lawrence County jail, Canton, to await further proceedings. He was provided with copies of the Jefferson County jail records to review while in custody.

In other court action Monday:

James R. Hutton, 43, Gouverneur, was sentenced to five years’ probation in connection with a 2011 assault case.

Mr. Hutton pleaded guilty in April 2012 to second-degree assault, admitting that he went into a Gouverneur man’s home where his own wife was and physically assaulted the man last year. He has been engaged in outpatient treatment since entering his plea, with no negative reports, the judge said.

Joseph G. France, 38, Canton, pleaded not guilty to driving while intoxicated charges. He was indicted last month on two counts of DWI in connection with an Oct. 31, 2011, incident on County Route 21 in the town of Canton.

Mr. France, who had been free under his own recognizance, was released under probation supervision pending further proceedings.

Gregory Carr, 49, Ogdensburg, was sentenced to 15 to 45 months in state prison after pleading guilty in September to felony DWI following a June arrest on Haggart Road in Ogdensburg.

In January, Judge Richards adjourned sentencing until August to allow Mr. Carr to finish treatment and find a full-time job.

In April, Mr. Carr tested positive for alcohol, initially telling officials it must have been a false positive, the judge said. He later admitted drinking one beer while fishing with a relative, Judge Richards said.

“I’m sorry. I didn’t get drunk, but I did consume alcohol. I didn’t think that it would show up on a test,” Mr. Carr said.

Despite a request from Public Defender Stephen D. Button to consider a split sentence of jail and probation time, the judge imposed prison, followed by a three-year conditional discharge.

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