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Joseph Grippo being led to his arraignment in June of 2019. KYRIL BROMLEY
Accept a plea deal or go to trial — that is the choice to be made by Joseph Grippo, the Montauk man accused of brutally murdering a former friend in Kirk Park in 2019.
Grippo, who has been incarcerated in the county jail in Yaphank since his arrest in late June 2019, has a week or two, at most, to make that decision. That ultimatum was laid down by a clearly frustrated State Supreme Court Justice Stephen Braslow after Grippo blew up a proposed deal in court on April 13.
According to the prosecution, Grippo ambushed 38-year-old Robert Casado, also of Montauk, midway down a long narrow path used as a shortcut by Montauk locals that runs from Second House Road through Kirk Park to downtown Montauk on June 6, 2019, at about 7 a.m.
Shrouded on both sides of the path by a dense thorny thicket, Grippo is said to have attacked Casado, striking him repeatedly with a short pickax, using both the blunt and sharp edges of the ax, before pulling out and attacking him with a knife.
The district attorney’s office explained at the time of Grippo’s arrest that Casado was seeing the same woman Grippo was involved with, enraging Grippo. Acquaintances of both men said at the time that the two had once been on friendly terms.
The deal Grippo blew up in court on April 13 is the same deal on the table now: Grippo would be allowed to plead guilty to a lesser murder charge and be sentenced to significant but capped prison time, meaning Grippo would eventually be released. It had been negotiated by Grippo and his attorney, Daniel Russo, with the lead prosecutor, Frank Schroeder, and approved by the judge, who told Grippo last week that he considered it “very fair.”
The other option, Braslow said, is a jury trial on the pending charge of intentional murder. If convicted on that charge, he would face up to 25 years to life. Given Grippo’s history of violence and crime, he likely would spend the rest of his life in prison if convicted, Russo acknowledged this week.
It was clear that the negotiated plea deal was in jeopardy from the moment Russo walked into the courtroom April 13, when a court officer was heard telling him, “Can you talk to this guy in the box?” meaning Grippo. “Because he is flipping out.”
“Oh, no,” Russo responded.
“He’s got to calm down,” the officer replied. Russo followed the officer out of the courtroom.
Russo soon returned. “He won’t see me,” he said. The only person Grippo would speak to, Russo indicated, was Braslow.
Grippo, feet shackled, hands cuffed behind his back, was brought into the court to face the justice. As he was positioned next to his attorney, he repeatedly said, “Hands off. Please. Hands off,” to the officers surrounding him.
Grippo, 50, who has already served two significant prison terms in his life, has apparently had a contentious relationship with officers guarding him. On June 13 of last year, as the second anniversary of his current period of incarceration approached, Grippo, through the food portal on his cell door in Yaphank, allegedly hurled a large container of urine at a corrections officer, dousing that officer across the chest.
A little over two weeks later, after an investigation by Suffolk County Sheriff Errol Toulon Jr.’s deputies, Grippo, while in custody, was placed under arrest on a new felony charge of aggravated harassment of a corrections employee and was arraigned in District Court in Central Islip, then returned to jail. That charge remains in limbo, pending adjudication of the murder charge.
“I wanna speak to you, your honor,” Grippo told Braslow. “You said that I would have a good court, a good trial.”
“If you wanted a trial, yes,” Braslow responded.
Grippo continued: “Thank you. I haven’t gotten my paperwork. No nothing. This man [Russo] tells me he has it on a flash card. My rights have been violated. Constantly, over and over and over.”
Russo explained that Grippo was referring to visual evidence on a flash drive the prosecution has shared with Russo, who has been unable to show it to his client due to current COVID-related jail policies. “They don’t have the resources to do that,” he said. “The jail won’t let us sit with him.”
Braslow promised that, if need be, he would order the jail to find a way to allow Russo to share visual information with his client. He told Grippo, “The situation that now exists is that there has been an offer from the district attorney.”
“I want to go to trial,” Grippo responded. “I want to let everybody know that I didn’t do nothing. And I’m not pleading guilty to nothing that I didn’t do.”
The judge then explained that he wanted Grippo to have all the evidence the prosecution is holding so that he can make an intelligent decision, either during a trial, or in agreeing to a plea deal.
“My rights have been violated,” Grippo said.
“Your rights have not been violated,” Braslow responded. “We’ve had a pandemic.”
“We have another pandemic in the city where a guy went crazy on the train and killed mad people,” Grippo said. The subway shooting in Brooklyn had occurred the day before. “Mad people. There’s mad stuff going on and the end of world is going to end,” he said. “I want justice.”
“You will get justice,” Braslow responded. “If you want a trial, we will get you a trial. I just want to be fair to you and let you see what you have to see.”
Grippo then shouted at the officers, “Please, please, please stop touching me!”
“Do not have a problem with my officers,” Braslow said. “You are talking to me.”
Braslow said that he would grant a brief adjournment in the case to allow Grippo to review all the information, and then make a final decision. If the case is to go to trial, jury selection will begin almost immediately, he said. Then he warned Grippo, “Once we start picking a jury, all deals are off. Do you understand?”
Grippo indicated he understood.
Grippo is due back in court on Monday, April 25, though Russo said on Tuesday that he thought one more brief adjournment may be needed to get Grippo the visual evidence he needs to proceed.
