Tuesday, June 12, 2012

Chilling recording: Husband: 'Are you going to make something up that I hit you?' Wife: 'Yes, without a doubt.'

A chilling false accusation case is in the news in New York. A former prosecutor in the Albany County District Attorney's Office named William Conboy III, 35, and his wife wife Kelly Conboy, 33, were involved in a bitter divorce and custody battle when Kelly Conboy reported to police that her husband had kicked and choked her, that he pushed her to the ground, and that he kicked her in the throat with a rubber-soled boot and dragged the boot from her throat to her chest.  Mr. Conboy, who claimed the allegations were false, was arrested.

According to William Conboy's attorney, Kelly Conboy's allegations coincided with important events in the couple's divorce and custody dispute. Kelly Conboy was served with divorce papers on Dec. 19, 2011. Later that day, records show she emailed an Assistant District Attorney, the lead sex crimes prosecutor in Albany County. The email stated: "I need to know and speak with whoever is taking over my case ASAP." In addition, it was only after a judge ruled that Kelly Conboy could only have supervised visits with her daughter that she officially filed charges against William Conboy.

Mr. Conboy sought to prove the charges were lies, but, as WNYT's report of the case succinctly put it: "As a young prosecutor, William Conboy knew he had been placed in a tough position of being forced to prove a negative. In other words, he had to prove that something did not happen."

The case was all set to go to trial, the jury had been picked, but the charges were dismissed before opening statements. The prosecution's star witness, Kelly Conboy, refused to attend the trial. William Conboy's attorney was prepared to play for a jury a recording William Conboy had made where his wife threatened him with a vicious false accusation. Watch the news report of the case and hear pertinent portions of the actual call. The rage and the unbridled vindictiveness in Kelly Conboy's voice is beyond description:

Kelly:  "I want you to know what's going to happen."
Bill: "Ok"
Kelly: "If you are not out by tonight with all your stuff, I will call the Albany Police Department, and say that you beat me, and get an order of protection next week against you."
Bill: "Are you going to make something up that I hit you?"
Kelly: "Yes, without a doubt."
Bill: "Why would you do that kell?"
Kelly: "Why would I do that? To get you out of the house, that's why?"

The recording was more than enough to have all charges dismissed against Bill Conboy. According to Cheryl Coleman, William Conboy's attorney, he has no intention of pressing criminal charges against his wife, even though that may not be his choice.  A special prosecutor has been appointed to review the case.

Kelly Conboy's attorney told a newspaper reporter: "This was not an act of vengeance or spite on Mrs. Conboy's part. The reason she elected not to testify against Mr. Conboy is that would only serve to make her strained relationship with Mr. Conboy even worse and this would have a negative impact on their young daughter."  He noted the tape-recording took place after the alleged assault and "doesn't prove the incident didn't happen." He said his client stands by her statement.

Sources: http://wnyt.com/article/stories/S2650065.shtml?cat=300; http://www.timesunion.com/local/article/Explosive-tapes-show-wife-planned-phony-complaint-3617060.php