The Albany Times Union by Robert Gavin - November 14, 2011
Nicholas Kordas admits to misconduct; rape trial ended in mistrial
ALBANY, NY -- Parole officer Nicholas Kordas was sentenced Monday to 60 days in jail and three years probation for misdemeanor official misconduct, 21/2 months after his rape trial ended in a mistrial. Kordas, 51, of Clifton Park will not be retried in Albany County Court on allegations he raped a woman on parole under his supervision. He had faced 25 years in prison if found guilty of first-degree rape and criminal sex act. The married father admitted in his testimony to having consensual sex with the parolee in her Guilderland apartment but adamantly denied forcing himself on her. He waived his right to appeal his conviction on one count of official misconduct, which carried a maximum of one year in jail. Wearing a black sweatshirt and pants, Kordas thanked acting Supreme Court Justice Dan Lamont for being fair to him. "I apologize for my actions, as I have disgraced my profession, my family and my friends," Kordas said, as his teary-eyed wife looked on from the gallery, "and it's time to move on." His wife mouthed, "I love you" to him as a deputy led him out of the courtroom. Kordas motioned toward his handcuffs and said, "Sorry." Kordas had been free on $75,000 bail. He remains on unpaid leave from his job. Assistant District Attorney Shannon Sarfoh, who prosecuted the case, told the judge the 25-year-old woman who accused Kordas "wants to put the entire (incident) behind her." In August, a jury of eight men and four women was deadlocked, with nine jurors wanting to acquit Kordas, three wanting to convict. In an unexpected turn of events, the judge revealed the verdict before the jury returned to announce it. The judge, who apologized for the revelation, said he understood Kordas was to be found guilty based on his testimony. "I did misspeak," Lamont said before the jury announced its official verdict. Kordas' attorney, Cheryl Coleman, said he has always maintained his innocence on the other counts. Prosecutors alleged Kordas raped the woman on his second visit to her home after 8 p.m. on Jan. 12, 2010. They said he suggestively asked the woman, at one point, how much she valued her freedom. They said he also mentioned he had undergone a vasectomy if she was worried about pregnancy. The prosecution argued Kordas left the apartment when his advances were rejected but came back and threatened to arrest the woman if she did not let him in. Once inside, they said, he handcuffed and raped her. The defense ripped the woman's testimony as inconsistent and her memory as foggy. Coleman and her co-counsel, Gaspar Castillo, said the woman was lying -- and noted she had been diagnosed as a "sociopath" and "psychopath." They alleged the woman set up Kordas in a scheme to possibly sue the state. The attorneys noted while serving five years in prison for felony assault -- the woman had stabbed a woman repeatedly -- the parolee had contact with notorious killer Pamela Smart, who received more than $23,875 in a settlement of a suit against the state. Smart made national headlines with the murder-for-hire of her husband, Gregory, in New Hampshire in 1990. She alleged racy photographs of her in her prison cell, which appeared in the National Enquirer, were taken by a correction officer who sexually assaulted her. Reach Robert Gavin at 434-2403 or rgavin@timesunion.com.
Nicholas Kordas admits to misconduct; rape trial ended in mistrial
ALBANY, NY -- Parole officer Nicholas Kordas was sentenced Monday to 60 days in jail and three years probation for misdemeanor official misconduct, 21/2 months after his rape trial ended in a mistrial. Kordas, 51, of Clifton Park will not be retried in Albany County Court on allegations he raped a woman on parole under his supervision. He had faced 25 years in prison if found guilty of first-degree rape and criminal sex act. The married father admitted in his testimony to having consensual sex with the parolee in her Guilderland apartment but adamantly denied forcing himself on her. He waived his right to appeal his conviction on one count of official misconduct, which carried a maximum of one year in jail. Wearing a black sweatshirt and pants, Kordas thanked acting Supreme Court Justice Dan Lamont for being fair to him. "I apologize for my actions, as I have disgraced my profession, my family and my friends," Kordas said, as his teary-eyed wife looked on from the gallery, "and it's time to move on." His wife mouthed, "I love you" to him as a deputy led him out of the courtroom. Kordas motioned toward his handcuffs and said, "Sorry." Kordas had been free on $75,000 bail. He remains on unpaid leave from his job. Assistant District Attorney Shannon Sarfoh, who prosecuted the case, told the judge the 25-year-old woman who accused Kordas "wants to put the entire (incident) behind her." In August, a jury of eight men and four women was deadlocked, with nine jurors wanting to acquit Kordas, three wanting to convict. In an unexpected turn of events, the judge revealed the verdict before the jury returned to announce it. The judge, who apologized for the revelation, said he understood Kordas was to be found guilty based on his testimony. "I did misspeak," Lamont said before the jury announced its official verdict. Kordas' attorney, Cheryl Coleman, said he has always maintained his innocence on the other counts. Prosecutors alleged Kordas raped the woman on his second visit to her home after 8 p.m. on Jan. 12, 2010. They said he suggestively asked the woman, at one point, how much she valued her freedom. They said he also mentioned he had undergone a vasectomy if she was worried about pregnancy. The prosecution argued Kordas left the apartment when his advances were rejected but came back and threatened to arrest the woman if she did not let him in. Once inside, they said, he handcuffed and raped her. The defense ripped the woman's testimony as inconsistent and her memory as foggy. Coleman and her co-counsel, Gaspar Castillo, said the woman was lying -- and noted she had been diagnosed as a "sociopath" and "psychopath." They alleged the woman set up Kordas in a scheme to possibly sue the state. The attorneys noted while serving five years in prison for felony assault -- the woman had stabbed a woman repeatedly -- the parolee had contact with notorious killer Pamela Smart, who received more than $23,875 in a settlement of a suit against the state. Smart made national headlines with the murder-for-hire of her husband, Gregory, in New Hampshire in 1990. She alleged racy photographs of her in her prison cell, which appeared in the National Enquirer, were taken by a correction officer who sexually assaulted her. Reach Robert Gavin at 434-2403 or rgavin@timesunion.com.
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