continued Under state penal law, the charge of criminal nuisance in the second degree means a person “knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons.” A conviction on a class B misdemeanor can hold a penalty of imprisonment for a definite sentence of not more than three months in jail.
The fact that Anthony was charged with only one count of criminal nuisance even though are 10 stalking incidents in the case does not mean that additional charges will not be filed, said Cazenovia Police Chief Michael Hayes.
“This is just the start of the case. It doesn’t mean investigation is completely done. There may be additional charges,” Hayes said.
Anthony appeared in court without an attorney and said he could not afford one. O’Sullivan entered a plea of ‘not guilty’ into the record, saying he would not accept a guilty plea until Anthony had an attorney. O’Sullivan also ordered that a public defender to be appointed to represent Anthony.
County Sheriff’s Office Investigator told the judge that the county district attorney recommended that Anthony be given bail in the amount of $2,500 cash or $5,000 bond.
“Given the fact that there are 10 alleged victims, I’m very concerned and I’m going to follow the DA’s recommendation,” O’Sullivan said.
O’Sullivan said he also was concerned about Anthony’s mental capacity to stand trial on the charge against him. During the proceeding, O’Sullivan asked Anthony if he understood the charges against him, that he was entitled to an attorney and bail was for, to which Anthony did not seem to fully comprehend.
“He may not understand everything I’m explaining to him,” O’Sullivan said to Anthony’s mother. “It may be prudent of me to order a mental exam to confirm he’s competent to stand trial.”