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Rape charges dismissed over technicality

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Updated: 11/19/2013 8:57 pm

RENSSELAER, N.Y. – The case of a Rensselaer man charged with rape after having sexual relations with two young teen girls will be dismissed on Wednesday due to a mistake in paperwork. 

In February, the Rensselaer City Police Department arrested 23-year-old John Halacy after detectives determined he had been sexually abusing a 13-year-old female and a 14-year-old female in the City between December 1, 2012 and February 8, 2013. Police also say they believe Halacy supplied the girls with prescription drugs.

Since Halacy's case was not presented to a Grand Jury in a timely fashion, his right to a speedy trial was violated, leading to a dismissal of the charges. He is expected to plea to an endangering charge on Wednesday in full satisfaction of the charges now pending, according to District Attorney Richard McNally.

The paperwork, which was supposed to be filed by Laura Krueglar who handles sex crimes for the DA's office, was never submitted.

The mother of the one of the victims spoke to NEWS10 ABC and says "He's getting let go because someone couldn't do their job."

The mother's daughter was 13-years-old at the time of the abuse. "This is a slap in the face having him released on a technicality," she continues.

Halacy was charged with Use of Child in a Sexual Performance, five counts of Rape 2nd-degree, eight counts of Criminal Sex Act 2nd-degree, five counts of Criminal Sale of a Controlled Substance, Sexual Abuse 2nd-degree and Sexual Abuse 3rd-degree. He was released from county jail earlier this week.

At 8:30 a.m. Wednesday, family members furious at the paperwork fumble will attend court as Halacy makes his appearance.

The mother who spoke to NEWS10 ABC says she's concerned for her daughter's safety.

"This is completely unacceptable. He's supposed to be behind bars to keep girls safe, these girls have come forward it's all for nothing," she continues, "I lost all faith in our justice system right then and there."

That mother has contacted Stephen Coffey, a lawyer in the area, to see how she could move forward. He says "There is a failure to monitor these cases inside the DA's office," he says, "the case was waived to Grand Jury, it got into the main office, no one paid attention to it or it got lost and the defense was smart
enough not to say anything."

The DA's office was not available for an interview, but they did say they take full responsibility and apologize to the families. 

Police say this is not the first time Halacy has been in trouble with the law. He was charged with Aggravated Harassment in early January 2013 for making a Facebook post which threatened bodily harm to an East Greenbush resident.

He was also charged with burglary and grand larceny for breaking into a home on the Fourth of July 2012 and stealing the homeowner's computer and iPad.

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