Saratoga County man accused of trying to kill girlfriend says 'ask her' when questioned about his role

February 12, 2019 06:19 PM

MILTON - Stephen Lerario says prosecutors are treating him unfairly in his attempted murder case by recording his phone calls from jail and using them against him.

"You can't get a fair shake around here," said the 42-year-old inmate.

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However, it's a long-standing practice at the Saratoga County jail to record inmates' calls. A recorded message warns them of that every time they pick up the phone.

Lerario is accused of shooting his girlfriend, Katie Gilbert, in the face with a shotgun back in April in their Greenfield trailer.

He drove her to Saratoga Hospital, but initially claimed she fell and cut her head open.

Gilbert lost an eye in the shooting.

When asked if he still loves her, Lerario said, "Yeah. Of course."

During a 15-minute interview inside the jail, he proclaimed his innocence more than a half-dozen times.

"I did not. I did not. I did not," he said when asked if he shot Gilbert.

Lerario's first trial was declared a mistrial after three days of deliberations and just one juror refused to convict.

Because Lerario has two prior felony convictions, the Bronx native could go to prison for up to life if he's found guilty after the re-trial later this month.

"I'm a man who's fighting for my life here," Lerario said.

Lerario was asked if he didn't shoot Gilbert, who did? "What's my theory on it? My theory on this would be that um, all I would say is maybe, maybe you'd want to ask her. Maybe you'd want to give her a polygraph test. Maybe you want to ask her."

Gilbert testified against Lerario at the first trial and is expected to do so again at the retrial.

They have a 4-year-old child together.


Mark Mulholland

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