Law OFFICe OF RONALD R. BENJAMIN, ATTORNEYS AT LAW ane 67) FD Fa OF nui onbeaminlasy com Mareh 26, 2016 By Facsimile Only (OUT 754-2096 Hon, Michael D. Sherwood ‘Vestal Town Court 605 Vestal Parkway, West Vestal, New York 13850 Re: People y, Amanda Hellmann Dear Judge Sherwood: Please let this letter serve as a notice of appearance on behalf of Amanda Hellmann and a request for ‘a hearing pursuant to Section § 410-70 of the Criminal Procedure Law of the State of New York ‘Ms. Hellmann is apparently being held on alleged violation of ac Coun, ditional discharge issued by this Unfortunately. the District Attomey in this ease, Mr. Comwell decided to anoint Amand the poster child for missing or exploited children by making iresponsible statements to the press such as, e, “While people went on with thei live last Apri, state police continued to search every single day for 11 months " US. News and World Report, March 11, 2016. Or even worse, “there's a nexus between this case and the heroin epidemic " ressconnecis, March 14, 2016, Multiple articles have stated that ‘Amanda could be sentenced 10 up to 25 years in sate prison. Mr. Comell’s objective to have Amanda convicted in the public eye before she has even aseintilla ‘ofan opportunity tobe heard, nevermind her day in court, is not only iresponsible, but shameful in View ofthe facts and eireumstances of this ease including but not limited (othe fact that ithe People hhad done any, lt alone the full-scale investigation that is being portrayed inthe pres, they would know there sno way they could legitimately charge Amanda with kidnapping in the second degree The National Center for Missing and Exploited Children note there are roughly 800,000 children reported missing each year in the United States, It would be an understatement to say'that itis highly ‘questionable whether Kylea or Shaeleen fall nto this category and depicting them as such with the Consequences to my client does disservice not only tomy client, to the children, bu to the criminal justice system isePage 2 of 2 Kidnapping in the second-degree is governed by Penal Law Section 135.20 an requires that a person be abducted Inder to be charged with this erime a person must either restrain a person wih intent to prevent ‘deliberation by (a) secreting or holding him or her in a place where he or she isnot likely to be Foun ‘or (b) using oF threatening to use deadly physical force, ‘The facts of this case will demonstrat that neither of those circumstances have any application Indeed, the girls were living within half a mile of the Vestal police station and openly residing there eg., one neighbor Randy Wilke Maly stated, “they didn't seem to he uncle duress ata, they seemed omifortable with the arrangement... They'd go prancing down the stteet. We had no inkling about it being an abduction” see heavy.com news, 3/11/16, 1am asking thatthe Couxt either remove the hold and schedule this matter for farther proceedings or schedule a hearing as early as the Court schedule permits as this Court's hold i presently an impediment to her teing released on bail Although itis highly likely the Distriet Attorney has already done irreparable harm with the inresponsible staersents being released in this case, the same leaves me no recourse but to make certain the press atleast is aware ofthe efforts to se the record straight and tothe extent possible rehabilitate the decedent image created by the District Atiomney with respect tomy client Amanda Hellmann, Thank you for yourconsideration regarding the above Very tely yo, ee mit -Sbejaenin ee: Broome County Distret Attomey’s Office By Fax: (607) 778-2363,