Highlands Current Audio Stories
Grigoroff accused of 2008 Route 9 killing A Putnam County judge on Tuesday (June 16) granted a request from a former Lake Peekskill man to be released on bail while he prepares for a third trial in the 2008 killing of Philipstown resident John Marcinak. Over the objections of Putnam District Attorney Robert Tendy, Judge Joseph Spofford set bail for Anthony Grigoroff at $300,000 bond. Grigoroff agreed to wear an ankle monitor; only leave the house in Ossining, where he will be staying for legal and medical appointments; and to call Putnam's Probation Department at least twice a week. With those conditions, Grigoroff will be free for the first time since June 2009, when Putnam County sheriff's deputies arrested and charged him in the shooting death of Marcinak at his Garrison Garage on Route 9 on Dec. 31, 2008. Relying largely on a confession that Grigoroff alleges was made under duress, a jury convicted him of second-degree murder in 2010, and found him guilty again in 2017 after an appeals court overturned the first verdict. In 2025, the same appeals court overturned the second conviction and ordered a new trial. Grigoroff was transferred in January from Sing Sing to the Putnam County jail, where he has been held since Spofford denied his initial bail request. Jury selection for the third retrial is scheduled to begin Oct. 14. "We're very pleased that he's going to be released and can help prepare for the trial," said Bruce Barket, one of Grigoroff's attorneys. "Him getting an acquittal is all we're focused on." Tendy argued against bail, saying that Grigoroff again faces a sentence of 25 years to life if convicted, and "life is an incentive to flee." Tendy also said he intends to seek a DNA sample from Bryon Mountain, a friend of Grigoroff's at the time of the killing, so it can be compared to DNA found on Marcinak's clothing. According to Grigoroff's confession, he drove with his brother and Mountain to the garage so they could steal a few hundred dollars to party in Manhattan. He insisted that it was Mountain who shot Marcinak while he waited in the car, and Erick served as a lookout. He also alleges that investigators convinced him to falsely confess during a 12-hour interrogation by promising leniency. Both Erick Gringoroff and Mountain were questioned by investigators but claimed they were elsewhere at the time of the killing. DNA did not factor into the two previous trials, but parts of Marcinak's clothing were tested for genetic material in 2009, said Tendy. While preparing for the new trial, his office "worked with law enforcement and the laboratory to determine whether more testing could be done" and requested additional tests, he said. If Tendy also seeks DNA from Grigoroff, he would "readily consent," said Barket, "because we know it's not his." Another key to the case, said Barket, would be to find cellphone records that were supposed to have been analyzed during the initial investigation but were allegedly never turned over to prosecutors or defense attorneys. If they exist, that could add another twist in the case revived, ironically, on New Year's Eve 2025, when the state Appellate Division overturned Grigoroff's second conviction. The appeals judges found that Judge Edward McLoughlin, a Dutchess judge who had been assigned the case, deprived Grigoroff of a fair trial by limiting testimony from an expert witness who determined that Grigoroff "is more vulnerable than the average person to falsely confessing." That expert wanted to cite research from the Innocence Project, which at the time found that 25 percent of people exonerated through DNA had confessed, along with another study by the University of Michigan Law School on the prevalence of false confessions, particularly by people with intellectual disabilities or mental illnesses. But McLoughlin "improperly concluded that those studies were not relevant to the defendant and the interrogation" because Grigoroff's case did not involve DNA and despite Gri...
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