DA Statement on Justice Michalski Incident

The Depew Police Department requested that our office review the incident that resulted in the injury of State Supreme Court Justice John L. Michalski on February 28, 2021. The Erie County District Attorney’s Office has determined that no criminal conduct occurred.

The Erie County DA’s Office is currently prosecuting a criminal case against 38-year-old Katrina Nigro, also known as Katrina Gerace, of East Aurora.

On October 11, 2019, at approximately 9:00 p.m., the defendant, while driving under the influence of alcohol, crossed the double yellow line on Bowen Road in the Town of East Aurora, causing a head-on crash with another vehicle. Two people in the other vehicle were injured as a result.

The defendant was charged by the East Aurora Police Department with Aggravated Unlicensed Operation of a Vehicle in the First Degree (Class “E” felony) and a misdemeanor Driving While Intoxicated charge. She was arraigned in Town of Aurora Court on November 16, 2019.

The defendant appeared before State Supreme Court Justice John L. Michalski, who was assigned to Special Term, to enter into a Superior Court Information plea on July 8, 2020. She pleaded guilty to one count of Vehicular Assault in the Second Degree (Class “E” felony).

On July 21, 2020, Justice Michalski issued a letter, recusing himself from the case due to a personal conflict. The Erie County District Attorney’s Office was unaware of the conflict until the matter was brought to our attention by Justice Michalski.

The case was transferred to Erie County Court Judge Kenneth Case. The defendant reaffirmed her guilty plea to the charge of Vehicular Assault in the Second Degree before Judge Case on September 21, 2020.

Nigro faces a maximum of four years in prison when she is sentenced on Wednesday, March 31, 2021 at 11:00 a.m. She remains released on her own recognizance.

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‘Don’t need that!’ Top Republicans bicker over shutdown relief pay for troops



As the federal government shutdown rages on, Republicans in Congress have a new headache to worry about as House Speaker Mike Johnson (R-LA) clashes with Senate Majority Leader John Thune (R-SD) about whether to convene to pass an emergency extension of pay for troops.

The shutdown has no end in sight, with Democrats demanding an extension of Affordable Care Act subsidies that stabilize millions of people's insurance premiums as a condition of their votes, and Republicans refusing to negotiate on this matter until the government reopens.

According to Politico, "the unusual tactical disagreement between the two top congressional leaders played out in front of cameras Tuesday on Capitol Hill as the shutdown heads into its second week."

Johnson, who has not convened the House in days, told reporters this week, “I’m certainly open to that. We’ve done it in the past. We want to make sure that our troops are paid.”

Thune, however, disagreed, saying, “Honestly, you don’t need that.”

“Obviously, there are certain constituencies — many of them are going to be impacted in a very negative way by what’s happened here. But the simplest way to end it is not try to exempt this group or that one or that group. It’s to get the government open," he added.

In Thune's view, Republicans should hold firm and not even call the House back until Democrats in the Senate agree to pass the funding bill the House already passed.

Further complicating the issue is that House Republicans have avoided swearing in Rep.-elect Adelita Grijalva (D-AZ). Grijalva is the final vote needed for a Trump-opposed bipartisan discharge petition for the House to compel the Trump administration to release the Jeffrey Epstein sex trafficking case files.

But as a consequence of the House's inaction, noted policy analyst Matthew Yglesias, this inaction is also to the GOP's detriment, as with the House gone, they are incapable of forcing messaging votes to try to shift blame for the shutdown onto Democrats.

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