Ken Basile of Wellsville, the disgraced and former state Environmental Conservation Officer, was sentenced this evening to a two year term of probation, to be reviewed after one year. That sentence was handed down just after 6 p.m. by Amity Town Justice Steven Presutti. He could have faced one year in the Allegany County jail. Basile had been convicted in June of obstruction of governmental administration but was found not guilty of official misconduct. Basile, a former DEC officer assigned to Allegany County,
was accused of leaking sensitive law enforcement activities to drug dealers.
Prior to sentencing, defense attorney Tim Rosell of Hornell pointed to several errors in the probation department pre-sentencing report. The most glaring was that the report said Basile had pleaded guilty to the crime(s) when in fact, he was convicted after trial. Rosell told the judge that " he (Basile) is not accepting responsibility for the crime." Rosell added, "he lost a job he thought he would retire at."
Basile himself then read a statement to the court, in which he detailed the history behind his suspension, firing and arrest. The former DEC officer said "alcoholics get a second chance. I didn't." The 17-year law enforcement veteran also said "I do admit that I was wrong for my occasional recreational drug use...It was never a problem for me."
Basile, in an almost defiant tone, took aim at those who testified against him at trial, calling them "career criminals."
"I made a human mistake," the Wellsville man said. He also told the judge that he lost his career, name and reputation (thanks to the media), savings and retirement "all based on the word of two life-long criminals. I have never lied under oath." Basile ended his plea with "I beg you to give me one shred of justice."
Assistant District Attorney Mike Finn said he disagreed with some points, saying that Mr. Basile "did have a fair trial." Regarding Basile, Finn said " substance abuse led us here today."
The defense then requested a conditional discharge, but Judge Presutti wasn't buying it. The judge ordered Basile to serve a two year probation sentence, to be reviewed after one year. He was also ordered to pay a $205 court surcharge. The judge, however, said he did have some concerns about some of the conditions the probation department recommended. He said he may modifiy some of the terms and conditions.
Outside the courtroom, ADA Finn said he was satisfied with the sentence. He called it "appropriate" noting that Basile "paid a heavy price for his criminal behavior."
