By Dan Murphy
The former co-chair of NYS Chief Judge Janet DiFiore’s campaign finance committee while she was District Attorney in Westchester was accused of, based on evidence from the NYS Police and law enforcement from Putnam County, tampering with a witness in Putnam, attempting to bribe a juror in a Westchester County criminal case, and of possessing drugs when law enforcement searched his law office in White Plains.
Westchester attorney George Galgano is the nefarious political and financial benefactor of DiFiore, who announced last week that she was resigning her position at the Chief Judge in NY State. DiFiore, who is stepping down after serving only 6 years of a 14-year term, told the NY Times that she was moving on to “pursuing other opportunities,” and creating “another chapter in my professional career.”
But most people in the legal community that we have spoken to say that DiFiore is stepping down because of a complaint filed with the NYS Commission on Judicial Conduct by Dennis Quirk, President of the NYS Court Officers union.
The Daily News editorial board called on DiFiore to release the complaint filed against her with the Commission, but we already know the contents after speaking to Quirk. Read our story last week at https://yonkerstimes.com/difiores-downfall/
Once DiFiore resigns, the complaint against her with the Commission goes away, but attorneys we spoke to say that Quirk’s complaint has opened a Pandora’s box of other cases that she was involved in while serving as the Chief Law enforcement officer in Westchester County from 2006-2016.
One case that we found involves her former campaign finance co-chair, Westchester attorney George Galgano, and two Federal lawsuits: One that Galgano filed against Putnam County and former Putnam County DA Adam Levy; and a counterclaim filed by Levy against Galgano.
It all began in 2013, when a Putnam County restaurant owner was accused of raping one of his teenage female employees. Galgano improperly worked for his client by attempting to threaten the victim in this case.
An expert report was filed in the Federal Court case between Galgano and Levy by Christopher Belling. Belling’s 86-page report analyzes all of Galgano’s actions, which eventually land in Westchester County, and involve DiFiore. Belling starts by finding that Galgano was quarterbacking an effort to intimidate a teenage girl his client was accused of raping.
The story painted is a troubling one, which pulls back the curtain on the people in DiFiore’s office that are accused of engaging in misconduct. It is also troubling in Belling’s report to find that one of then DA DiFiore’s former employee and ‘body man’, Andrew Kuchta, worked for Galgano as an investigator in the Putnam case, and conducted improper activities meant to get the teenage girl not to testify.
Belling, who served as a prosecutor in upstate New York for 38-years, writes in his report, “On July 31, 2013, a teenage waitress, made a prompt outcry of rape to her mother and sister stating that her boss had raped and sodomized her. Upon charges being filed by Carmel Police Department, the matter was referred to the Putnam County District Attorney’s Office (PCDAO”) and assigned to ADA Danielle Pascale, the PCDAO’s Sex Offense Prosecutor. “
White Plains attorney George Galgano is hired to represent restaurateur, and according to Belling’s report, “Galgano begins a pattern of attempted intimidation of the victim. Galgano then instructed Mr. Kuchta to contact people that knew M.A. and tell them that she was “involved in a criminal investigation.” Mr. Galgano texted Mr. Kuchta, “if nothing else it will give her anxiety”.” Mr. Galgano also instructed Kuchta to go to neighbors of M.A. and speak about rape and M.A.’s family.” Mr. Galgano further directed Kuchta to “stand outside. Take pictures of house, cars, people coming in and out. ”Mr. Galgano instructed Kuchta to take these actions on M.A.’s birthday.” Mr. Kuchta followed Galgano’s directive, noting that “if anything, we made the entire block aware of the investigation.”” Mr. Kuchta informed Galgano that he was certain that the neighbors would contact M.A. and tell her someone was asking questions.”
“Mr. Galgano, with the help of his Office Manager, Stephanie Capolongo, created and sent a Facebook message to various acquaintances of M.A. using the Facebook login for his investigator, Andrew Kuchta. When one of M.A.’s acquaintances responded, Mr. Galgano, acting in concert with Capolongo, then created and sent two (2) follow-up messages regarding the M.A. investigation. These two (2) messages were sent from Mr. Kuchta’s Facebook account without his knowledge or consent.”
“In the two (2) messages, Mr. Galgano repeatedly mentioned that M.A. had vaginal and anal sex, suggested that M.A. was lying about the rape because she didn’t struggle enough, suggested that M.A. had anal sex “to be nice”, and was on prescription medications. Mr. Kuchta testified that he had ethical concerns regarding the content of the messages posted by Mr. Galgano. Mr. Kuchta testified that he would not want to embarrass the victim with such graphic posts.”
Belling’s report continues and includes the fact that Galgano asked a court reporter to change the transcript of M.A’s interview with police. “The changes requested by Galgano were material alterations. For example, Galgano requested that the reporter insert a statement by M.A. that she “went with it” when Zaimi penetrated her.
Further, Mr. Galgano appeared to make another material alteration to another significant passage in the transcript. The reporter’s initial transcription contained the following exchange:
DETECTIVE KUNZ: Can you give me a little detail of anything that he said to ?
COMPLAINTANT: I don’t know, like I (inaudible) anything
DETECTIVE KUNZ: You said no or you –
COMPLAINTANT: What was I supposed to say?
Mr. Galgano requested that the transcript be changed to read:
DETECTIVE KUNZ: Can you give me a little detail of anything that he said to
COMPLAINTANT: Um.I don’t know,he said he was going to put it in my ass.
DETECTIVE KUNZ: Did you said no or you
COMPLAINTANT: I didn’t say anything. What was I supposed to say?
Mr. Galgano then distributed the manipulated transcript, including the teenage rape victim’s name, to reporters on the eve of jury selection. Mr. Galgano then texted his friend stating that he hoped potential jurors would read the article containing the excerpts of the altered transcript.
On January 29, 2014, another waitress at the restaurant, K.L., reported to the Putnam County Sheriff’s Office that she had been inappropriately touched by her boss…The matter was transferred to the CPD. Mr. Galgano initially represented the restaurateur on that matter as well. ADA Danielle Pascale handled the matter for the PCDOA. The CPD made the determination to arrest K.L.’s boss. The same day, K.L. called the police in her hometown complaining that a stranger had been banging on her door for ten (10) minutes and going through her garbage and that she felt threatened. ’ The Kent Police arrived, and the man identified himself as Andrew Kuchta.”” Mr. Kuchta notified Galgano that two (2) police cars approached him stating that K.L. had called the police on him. Mr. Galgano responded “Ok. No worries.”
According to Belling’s report, repeated attempts were made to make sure the 2nd victim did not testify, she had moved to North Carolina. Eventually, the efforts at intimidating the 2nd victim, and her mother, resulted in the Putnam County DA’s office and the Carmel Police Department conducting “Controlled calls” between the 2nd victim’s mother and an individual that Galgano was using to try and influence the mother and her daughter, the 2nd victim. His name is Quincy McQuaid.
McQuaid’s conversations with both the 2nd victim and the victim’s mother were being monitored by law enforcement. Belling writes, “McQuaid further told K.L. that the prosecutors would not do anything to protect K.L. after she was done testifying and wouldn’t protect her if people “harass” her. McQuaid then stated again that the prosecutors “put out on the street that you already came up and testified. That shouldn’t have been public like that. McQuaid then told K.L. how hard it would be if she testified, stating “you’re going to be in the newspaper, you’re going to be on the internet— I’m just saying at the end of the rainbow is there a pot of gold? I mean I don’t see what you would be getting out of doing it.”
Those controlled calls and many others, coupled with additional evidence linking Galgano to McQuaid, resulted in a successful application to eavesdrop on Galgano’s cell phone, in a warrant signed by Judge Richard Molea. Belling writes in his report, “While on a wiretap of Galgano’s cell phone the NY State Police “had intercepted a communication between Mr. Galgano and an unidentified female regarding possible juror tampering.” Investigator Hafner indicated that Mr. Galgano told the unidentified female that a prospective juror should act “pro-prosecution”, so she didn’t get “bumped”. Mr. Galgano further instructed the unidentified female that she should not tell the prospective juror that she talked to Mr. Galgano.
The case of witness tampering was in Westchester County, and this is where Chief Judge DiFiore, in her prior role as DA of Westchester County, gets more involved than just having her campaign co-chair and her body man up to no good in Putnam.
“The unidentified female was soon identified as Stefanie Capolongo, Mr. Galgano’s Office Manager.” Further, Putnam County ADA Andres Gil learned that Mr. Galgano was in the process of picking a jury in a case in Westchester County, in the trial of People v. Reilly. After learning of the communication, the PCDAO applied for a sharing order to allow them to provide a copy of the recording to the WCDAO, which was granted.
ADA Gil then met with prosecutors from the WCDAO and provided a recording of the intercepted communication. The Westchester prosecutors obtained the relevant phone records and determined that one of the jurors, Joanna Salvi, had contact with Ms. Capolongo on June 17, 2014, while voir dire was on going.’ The records revealed that at 11:20 a.m., Ms. Salvi contacted Ms. Capolongo, who then contacted Mr. Galgano.
At 11:23 a.m., Mr. Galgano sent a text message reading “She should act sort of pro prosecution. She should say she had friends that were cops.” Mr. Galgano deleted this message from his phone.
Mr. Galgano called Ms. Capolongo and the following exchange took place:
Mr. Galgano: She should act sort of like pro prosecution, so they don’t bump her.
Ms. Capolongo: Okay.
Mr. Galgano: Don’t tell her we’re talking.
Ms. Capolongo: okay.
WCDAO brought this to the attention of presiding Judge, Hon. David S. Zuckerman, who indicated that he had “never been presented anything like this before, nor in all my years of practice, have addressed anything like this.” WCDAO Trial Bureau Chief Maryanne Luciano then informed the Court that the prosecutors would “make a recommendation to the grievance committee as well.” Ms. Luciano described Mr. Galgano’s conduct as “attempted jury tampering.” Ms. Luciano further stated to the Court that Mr. Galgano committed “gross misconduct.”
Mr. McCarty then requested an in camera, ex parte hearing in order to present additional evidence to the Court, which was granted.” The in camera, ex parte proceeding, was attended by McCarty, Luciano, and Hocheiser. During the proceeding, McCarty read to the Court a transcript of the conversation between
Mr. Galgano and Ms. Capolongo he prepared after listening to the interception.
In response, Justice Zuckerman stated that he was “very troubled by what you just put on the record.”” McCarty responded that “as are we all, Judge, as members of the bar.”
Editor’s Note: It is important to note that Luciano, who at the time was Chief Legal Counsel to DA DiFiore, and McCarty one of her top deputies, appeared before Judge Zuckerman and laid out the evidence against Galgano. Galgano, according to Belling’s report, denies (lies) that he tried to influence a juror in the criminal case for Zuckerman because Galgano does not know that law enforcement has a wiretap on his phone.
Belling writes, “The letter was sent in Mr. Galgano’s name with an electronic signature. The letter reads in pertinent part: Initially, as an officer of the Court, I will represent that I do not know Joanna Salvi. I have never had a conversation with her, and never directed Ms. Capolongo to have a conversation with her on my behalf. I certainly never sought to directly or indirectly influence Ms. Salvi outside the presence of the Court.
On June 25, 2014, Justice Zuckerman told the court that he had read everything that was submitted to him, including the “letter memorandum from Mr. Galgano and denied the motion for a mistrial. Mr. Galgano continued as counsel for Mr. Reilly.
The arrest of Quincy McQuaid
Arrest of Quincy McQuaid and Lia LoRusso. On June 25, 2014, investigators learned that Quincy McQuaid and Lia were planning to purchase narcotics in Hawthorne, New York. McQuaid and Lia were stopped for a traffic violation. A subsequent search of the vehicle revealed a substance believed to be heroin. McQuaid and Lia were taken into custody.
Search of Plaintiff’s (Galgano’s) Home and Office:
Based on the information received from Ms. Cianflone and K.L., the controlled calls, the intercepted communications, the call history from McQuaid and Galgano’s cell phones, the call pattern evidence, and the statements by McQuaid and Lia, the PCDAO, CPD, and NYSP jointly determined to apply for warrants to search Mr. Galgano’s home, office, and vehicle for additional evidence. The Court granted the applications on July 2, 2014.
In executing the warrant on Mr. Galgano’s office, the police seized several computers and disc drives and an iPhone. In addition, the police seized over a hundred pills, twelve (12) pen tubes containing a white residue, two (2) Ziploc bags containing a white powder, and a metal “snorter” with white residue.
The pills and white residue were found in the personal offices of George Galgano and Eric Sharp. As a result, Mr. Galgano and Mr. Sharp were arrested for criminal possession of narcotics by NYSP Officer Ryan Delaney.
The pills and items containing the white residue and powder were sent to the Westchester Department of Laboratories and Research for analysis…The white residue on the pen tubes and the substance in the Ziploc bags tested positive for cocaine. °°
As Mr. Galgano’s home and office were located in Westchester County, the prosecution for drug charges fell within the jurisdiction of the WCDAO. Mr. Galgano had donated large sums of money to Westchester District Attorney Janet DiFiore’s reelection campaign and had served as a chairman of her fundraising committee. “ In addition, Mr. Galgano’s private investigator, Andrew Kuchta, previously worked for District Attorney DiFiore in her personal security detail.
Given these conflicts of interest, in a letter dated July 7, 2014, Mr. Levy suggested that D.A. DiFiore recuse herself from prosecution for the jury tampering and drug possession cases.” Ms. DiFiore declined to recuse herself, stating that the “non-personal relationships” referred to in Mr. Levy’s letter did not provide a basis for relief.”
In Belling’s report summary, he concludes “Fundraising by elected officials, including District Attorneys has always been an area of concern…Recusal by a District Attorney is also a voluntary act, which like recusal of a judge is designed to avoid any appearance of impropriety.
Here based upon the fact that Galgano was billed in campaign literature as a “co-chairman” of her fundraising committee, and the fact that he was a defendant (rather than a defense attorney) in a criminal case prosecutable in her jurisdiction, and the fact that Galgano was using a private investigator who had formerly been an employee of the Westchester County DA’s Office, the appearance of impropriety was stronger than in most cases. Therefore, I believe that Ms. DiFiore should have recused her office from both the jury tampering, and the drug cases against Galgano,” end of Belling report used for this story.
Where is George Galgano today? Is he is jail? Or perhaps disbarred? Nope –Galgano is still a practicing attorney.
Editor’s Note: George Galgano was never convicted of a crime in these matters. He was charged in Putnam County, but those charges were dismissed by Judge Zuckerman. In Westchester County, the drug charges were never prosecuted by the DA’s office under Janet DiFiore. And the third possible charge of tampering with a juror, never made it before a court or grand jury. Despite overwhelming evidence of criminal activity, Galgano walked away without a conviction.
In his report, Belling writes, “Judge Zuckerman has an ethical obligation to notify the Grievance Committee of Galgano’s misconduct during the Felix Reilly DWI case in Westchester County. As did the Westchester County District Attorney’s Office. A prosecution of George Galgano for possession of controlled substances based upon the recovery of illegally possessed drugs in his office on July 2, 2014, is viable.”
“It seems at least unusual that a Judge assigned to preside over a felony DWI case in Westchester County should coincidentally be the same Judge considering the Grand Jury minutes and motions to dismiss by Galgano, who was then the defendant in the Putnam County case and the trial attorney in the Westchester County case. It is my opinion that the least Judge Zuckerman should have done was advise the District Administrative Judge of the appearance of impropriety lurking in the case assignment coincidence.”
“There was sufficient evidence to prosecute, and George Galgano should have been prosecuted for tampering and/or attempting to tamper with juror Joanna Salvi in the Felix Reilly trial being conducted before Justice David S. Zuckerman in Westchester County; (I I disagree with the reasons the Westchester County District Attorney’s Office decided not to prosecute George Galgano for tampering and/or attempting to tamper with a prospective juror.
“I question why Justice David S. Zuckerman did not (i) recuse himself from ruling on George Galgano’s motion(s) to dismiss the indictment(s) against him, based upon his knowledge of the intercept evidence presented to him in camera on June 24, 2014, that George Galgano had tampered with a juror. “
All of the transcripts of wiretaps, and texts from Galgano, are public record in both Federal lawsuits between Galgano, Putnam County, and Levy. We are in the process of reviewing all of them. One text we leave you with is from Galgano, who asks “for a few hundred bucks. Make it out to “Janet DiFiore for District Attorney.” I have to raise money for her cuz I’m a cochair for her fundraising campaign.”
