Saratoga County District Attorney Karen A. Heggen today advised Saratoga Springs Mayor Ron Kim that she will not present the matter regarding Darryl Mount to a Saratoga County Grand Jury. Heggen outlined in her letter the function of a grand jury and their statutory ability to conduct both criminal and non-criminal inquiries. Heggen began her review by noting her statutory and ethical obligations pursuant to the laws of the State of New York and her ethical obligations as an attorney in accord with the New York Rules of Professional Conduct of Attorneys admitted to practice law in the State of New York. She reviewed the facts regarding the incident of August 31, 2013 involving Darryl Mount, finding no probable cause that anyone, except Mr. Mount, had engaged in criminal conduct that day.
She then reviewed when a non-criminal matter may be reviewed by a grand jury, as requested by Mayor Kim and the Saratoga Springs City Counsel concerning the then-Police Chief Gregory Veitch’s conduct allegedly misleading a reporter. DA Heggen noted that a grand jury report can review matters of “…misconduct, non-feasance or neglect” in public office by a public servant as a basis for a recommendation of removal or disciplinary action. Gregory Veitch retired as the Police Chief in 2019, rendering such review moot.
Heggen concludes by stating that she is “…ethically bound to exercise my discretion and responsibility as the Saratoga County District Attorney to present cases to a grand jury only in those instances where I have a good faith belief that either a crime has been committed, or a current public servant has engaged in misconduct, nonfeasance or neglect…” and that based upon all of the information available surrounding these incidents, she declined to present the matter to a grand jury.
Please see the attached letter for the complete details.