On Tuesday, November 5, 2024, the Times Union reported that Mechanicville City Judge Constantine DeStefano recused himself from a disorderly conduct case involving Lexis Figuereo, a Black Lives Matter activist from Saratoga Springs. The decision follows controversial remarks made by DeStefano during a court hearing on October 23, where he suggested that Figuereo’s attorneys could use “rope and duct tape” to ensure their client appeared in court.

The comments, captured in a court transcript, were made during a conference that included Figuereo’s attorneys, Mark Mishler and Ava Agree, as well as special prosecutor Christopher Shambo. Mishler expressed outrage at the judge’s remarks, stating that they evoked troubling historical references to lynching and were particularly offensive given the context of Figuereo’s race. He noted that Figuereo had never failed to appear in court, questioning the appropriateness of such comments directed at a Black defendant.

In light of the incident, Judge DeStefano submitted a recusal form to the City Court, indicating his desire to avoid any potential appearance of impropriety or bias against Figuereo.

Figuereo faces charges stemming from an incident during a Saratoga Springs City Council meeting on April 4, 2023, where he allegedly snatched a microphone from a speaker during public comments. DeStefano’s involvement in the case came after both of Saratoga Springs’ judges, Jeffrey Wait and Francine Vero, also recused themselves from Figuereo’s case and other related matters.

Mishler expressed appreciation for DeStefano’s decision to step down, emphasizing the clear racial implications of the judge’s comments and the serious concerns they raised regarding Figuereo’s right to a fair trial. He also referenced ongoing issues faced by Figuereo and other local BLM activists, highlighting a report by the state attorney general’s office that detailed alleged acts of unconstitutional retaliation by city officials and law enforcement.

As the case unfolds, Figuereo continues to contend with additional violations related to protests advocating for Palestinian rights, where charges for not securing necessary permits are pending. Mishler indicated a desire to resolve Figuereo’s current case in a manner that respects the legal process and the rights of those involved.

 

 

Source: Times Union