NEW ROCHELLE, NY — A New Rochelle Police Officer took one step closer to a jury trial after Judge Matthew Costa denied Michael Vaccaro’s Motion to Dismiss two counts of Attempted Assault in the Third Degree.
The case has been put back on the Court Calendar for “Jury Pre-Trial” on December 13, 2021.
New Rochelle Police Department Detective Michael Vaccaro was charged on June 17 by the Westchester County District Attorney’s Office with Attempted Assault in the Third Degree in connection with an incident that occurred in New Rochelle on February 15, 2021.
“Vaccaro, who was off-duty at the time of the incident, witnessed a domestic dispute involving a Mount Vernon man and his mother. Uniformed NRPD officers subsequently responded and while they were taking the man into custody, Vaccaro physically inserted himself into the arrest by striking the man multiple times with his fist, attempting to kick him, and pressing his face into the pavement,” said DA Miriam E. Rocah.
The Jury Pre-Trial is a pre-trial conference is where the judge assists in trying to get the case settled. There is also what is known as a final pre-trial conference, where trial matters are discussed, the following having been submitted to the court in advance of the conference: estimated number of trial days; a statement of the case; a statement of stipulated facts; witness lists; exhibit lists; in limine motions; Rule 237 notices; and jury instructions.
A 16-year veteran of the New Rochelle Police Department, Vaccaro has one of the worst disciplinary records in the history of the New Rochelle Police Department. Vaccaro has been the subject of 17 Internal Affairs Investigations resulting in 9 Letters of Reprimand, the Loss of 15 Leave Days, a 10 Day Suspension, as well as an order to undergo Retraining based on a Civilian Complaint in 2020.
In an unexpected twist, Judge Costa advised both parties that after the Westchester County District Attorney’s Office came to know that Judge Costa was assigned to the case, Mimi Rocah followed Judge Costa on Twitter from her personal Twitter profile. Costa stated that his Decision on Vaccaro’s pre-trial motions were made last week and there were no substantive changes in the Decision after Rocah followed Judge Costa.
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