05/31/2011 05:05 PM

Five Jailbreak Co-Defendants Appear In Court

By: Leah George

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The five co-defendants charged in connection with the escape of two inmates from the Monroe County Jail learned who the county court judge presiding over their case will be. Judge James Piampiano will take over for Judge Francis Affronti.

Judge Affronti removed himself from the case earlier this month, citing a continuous personal and professional relationship with longtime Rochester attorney and defendant, Rudolph LePore, 83. LePore, and his former client, James Thomas, are charged with promoting prison contraband.

Mathias Smith also faces charges related to helping inmates Joseph Mitchell and Eddie Palmer escape from jail and hide for eight days before being found and arrested in Sodus.

"Since they are all co-defendants under one indictment, Judge Affronti needed to recuse himself from the entire indictment, thus the reason for the court appearance today and the transfer to Judge Piampiano," Assistant District Attorney Matthew Schwartz said.

The five co-defendants are scheduled to appear in front of Judge Piampiano Wednesday.

Earlier in the day, Palmer appeared in court in front of Judge Affronti for what was supposed to be sentencing day on the two felonies he was in jail serving time for.

Palmer stole a motorized wheelchair that was outside a hospital room at Strong Memorial from a World War II veteran who lost his arm. Palmer was convicted of criminal possession of stolen property and unauthorized use of a vehicle last month.

The district attorney's office wants Palmer sentenced as a second felony offender, but Palmer denied he was convicted of burglary in 1995 and that he served time. The status would increase the sentence range he faces from one and a half to three years to two to four years.

"It's important to remember that we have an 83-year-old veteran whose wheelchair was stolen,” Assistant District Attorney William Gargan said. “You have a gentlemen who literally fought for this country and if you saw the proof at trial, you'd realize that there was a windbreaker that was taken from the wheelchair and that windbreaker was put on by Eddie Palmer and it said, ‘If you love freedom thank a veteran.’ Mr. Palmer is not a veteran. The deceased, unfortunately is."

The veteran, Leroy Sammis passed away in October.

Palmer is scheduled to be back in court for a hearing on his felony status in June.