Putnam murder suspect released from jail after 17 years, awaiting 3rd trial
"We expect him to be out shortly, within a few days," Grigoroff's attorney Bruce Barket said after Tuesday's conference. He noted that a bond agent still needs to present a bond agreement that the judge will need to sign. "Once that paperwork gets done, they'll be brought to the jail, they'll install the ankle bracelet and he'll get out."
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A Putnam County judge granted a request from Anthony Grigoroff, 35, to be released from jail while he prepares for his third murder trial.
Grigoroff has been in jail since his arrest in May 2009.
"We expect him to be out shortly, within a few days," Grigoroff's attorney Bruce Barket said after Tuesday's conference. He noted that a bond agent still needs to present a bond agreement that the judge will need to sign. "Once that paperwork gets done, they'll be brought to the jail, they'll install the ankle bracelet and he'll get out."
Past and present prosecutors on the case have argued Grigoroff was in a car near Sullivan Garage on Route 9 in December 2008 while his brother was outside the car and a third man was trying to rob the business.
Prosecutors have said the garage's owner, John Marcinak, confronted the third man, who then shot and killed Marcinak.
A state appellate court threw out Grigoroff's two convictions in 2010 and 2017, citing errors by the judges who presided over those trials.
In the more recent decision, the panel said the judge should have allowed more testimony about false confessions.
Barket maintains that Grigoroff's 2009 confession was false and that it was pulled out of him by Putnam County detectives using deceptive tactics during a 12-hour interrogation.
Putnam County District Attorney Robert Tendy appears to be banking on the confession, which is the only known evidence against Grigoroff.
Barket is seeking cell phone location data and personnel records of detectives involved in the case to counter the prosecution's theory that Grigoroff, his brother and another man had planned to rob Sullivan Garage to generate money for a New Years Eve outing.
Barket wants the judge to sign off on a subpoena for those records from a federal task force he said is not releasing them.
Past prosecutors sent the cell phone data to the taskforce for analysis.
Tendy said his office does not have the data, which has apparently not been a part of the prosecution nor the defense's cases in the two previous trials.
"We are confident that the records will show that the three individuals — three people — were nowhere near this murder when it occurred. It'll be powerful, exculpatory evidence."
Both sides are due back at Putnam County Court on Aug. 18 to review efforts to obtain the cell phone records.
Once released from jail, Grigoroff will be staying at a relative's home and will wear an ankle monitor.
He will be able to leave the home for doctor's appointments and court appearances as long as he notifies the court ahead of time.
Tendy said Grigoroff should have been denied release.
Tendy told the judge the murder charge is too serious and his case against Grigoroff is too strong for release to be considered.
Tendy declined to take questions from News 12 Tuesday on his way out of the courthouse.
