Criminal case against Putnam deputy ends, outcome sealed 

A criminal case against Putnam County Sheriff's Deputy Kevin Osika stemming from an alleged domestic incident in Mahopac has ended, but exactly how it ended is now hidden from public view under New York's criminal-record sealing laws. 

The Dutchess County District Attorney's Office, which was appointed to prosecute the case after Putnam County District Attorney Robert Tendy recused his office, has confirmed that the prosecution is finished, but said it cannot disclose the disposition because the proceeding has been sealed. 

"The prosecution has concluded," the Dutchess County District Attorney's Office told The Highlands Current, adding that because the proceeding was sealed, the office is prohibited from providing information about the case. The newspaper reported the development on Sept. 11. News 12 and Mid-Hudson News reported the conclusion of the case earlier this month.  

The sealing means there will be no publicly available court record showing precisely what became of the remaining third-degree assault charge against Osika. 

Under New York law, however, sealing a criminal case after it concludes is not necessarily an unusual exercise of judicial discretion. Depending upon how a case is resolved, state law can require court, police, and prosecution records to be sealed from the public. 

Osika, 43, was arrested Feb. 21 after New York State Police responded to a Mahopac residence for a reported domestic incident. Published reports citing State Police said investigators determined Osika had been involved in a physical altercation. He was charged with third-degree assault and second-degree aggravated harassment, both misdemeanors, arraigned in Southeast Town Court and released. A temporary order of protection was also issued.  

Osika is married to Erin Crowley, who represents District 9 (Mahopac) in the Putnam County Legislature.  She also serves as deputy district director for U.S. Rep. Mike Lawler.  

Following the arrest, Putnam County Sheriff Brian Hess said Osika was suspended from the department — the first 30 days without pay — until the internal discipline case is resolved. Hess told Mahopac News on Sept. 16 that the disciplinary case is ongoing, but he believes it will be resolved soon. 

A change of venue 

The prosecution of the criminal case was subsequently transferred out of Putnam County after Tendy recused himself because of relationships between his office and both Osika and Crowley. 

Tendy said in March that virtually all of his assistant district attorneys knew Crowley and noted that, as a county legislator, she participates in the process that establishes his office's budget. Tendy also said members of his office had worked with Osika on criminal cases. 

State Supreme Court Justice James McCarthy, supervising judge of the criminal courts in the 9th Judicial District, subsequently approved Dutchess County District Attorney Anthony Parisi as special prosecutor.  

One of the two criminal charges against Osika was resolved before the case was sealed. In May, Southeast Town Justice Louis Gasparini dismissed the second-degree aggravated harassment charge at the request of Dutchess County prosecutors, according to reporting by David McKay Wilson and his Hudson Valley Digger. That left the misdemeanor charge of third-degree assault pending. Osika's attorneys said at the time that he maintained his innocence.  

Available public records and statements do not establish whether the assault charge was dismissed, whether Osika was acquitted, whether the case was resolved through a plea to a lesser noncriminal offense or whether another qualifying disposition occurred.