Due to a medical condition, or multiple medical conditions — Attorney Gary Muldoon is asking that his client, former Waterloo Village Justice Roger Barto be kept out of jail.
This week it was announced that his stay and appeal had been denied by the courts, which queued a 10 am court appearance on Friday for him to begin serving a 6-month jail sentence. According to Multoon’s letter, “the cost of monitoring [Barto] while he is incarcerated would be significant.” Muldoon went on to note that Barto’s probation officer said Barto had followed all requirements.
“The sentence that was previously stated was six months jail and five years probation. Such a sentence is a ‘recovable disposition’,” the letter continued. It closed, “In light of Mr Barto’s medical condition, I request the court to consider whether a six-month setence of house arrest as a condition of probation would be more appropriate.”
It’s unclear if that request, which was filed to Seneca County Judge Bender will be acted on in court on Friday.
The details of the medical condition was not included in the letter released to media on Thursday. However, it was noted that Barto’s acting primary care doctor is Dr. Joseph Lorenzetti.
Stay tuned for more on this story Friday.