Caselnova’s attorney grateful for dismissal of charges, cites self-defense argument

The attorney for the Glens Falls man involved in a shootout in downtown Saratoga Springs last November said he is grateful that the judge has dismissed the indictment, but understands that the case can be brought before a new grand jury.

“We’re cognizant of the fact that the ruling is a dismissal with leave to represent,” said Greg Teresi, attorney for Vito Caselnova.

Judge Jim Murphy issued a 30-page ruling throwing out the indictment on the grounds that the prosecutors presentation to the grand jury was “so flawed” and “not fair in any sense of the word.”  

Murphy agreed with the issue brought up by Teresi that the grand jury was not instructed about whether Caselnova may have been acting in self-defense.

“Those are arguments that we still stand on to today as justification to why my client reacted the way that he did to the situation that presented itself,” Teresi said.

District Attorney Karen Heggen issued a statement reacting to the ruling, saying that the case can be presented again and the dismissal “does not absolve Mr. Caselnova of any wrongdoing.”

“We will take our time to thoroughly review the court’s concerns and will move forward with the case,” she said.