In a few weeks we will learn if the New York State Supreme Court feels as if Alex was given a fair shake in court. We believe he wasn’t, and hopefully the court will agree. Recent news out of New York suggests they will.

ALBANY, NY – While New York City vigilante Daniel Penny was in court trying to convince a jury that his killing of Jordan Neely, a 30-year-old homeless man, was not criminal as it was done in defense of others (a case in which Penny ultimately prevailed), two and a half hours north, the New York State Supreme Court heard arguments Nov. 18 to set aside or outright dismiss the case of Alex Stokes Contompasis, who is currently incarcerated after being convicted for stabbing two Proud Boys at the New York State Capitol on Jan 6, 2021. The difference between the cases is those in the Proud Boys group were physically attacking others and Contompasis didn’t kill anyone. Still, Contompasis was sentenced to twenty years even though he was acting in defense of others.

Contompasis was not present at the hearing, but his attorney noted several issues with his trial, most notably that Contompasis was acting in self defense, was not afforded a speedy trial, and that a juror who was wavering in her impartiality was placed on the jury regardless, something that prompted a number of the justices to express particular concern.

Contompasis’ attorney Kathy Manley told the justices that when local Proud Boys chapter leaders Douglas Michael Ruso and James P. Warner were stabbed in a fight after Warner’s brother, Proud Boy Dominic Wierzbicki, began tazing those opposed to the “Stop the Steal” rally supporters of Donald Trump organized, Contompasis did so to defend others. “It’s clear that Appellant subjectively believed that he needed to do what he did and I would say that the evidence shows objectively under all the circumstances that it was reasonable,” Manley said. “Here we have Dominic Wierzbicki, this key witness, (who) tazed a counter protestor who was standing just with his hands in his pockets. At that point everyone said chaos broke out and there was several confrontations.” She goes on to note that Ruso grabbed Contompasis by the arm and another person by the neck, prompting the stabbing Ruso suffered. “At that point, Mr. Warner runs after Appellant and starts punching him, knocks him to the ground, breaks his wrist and continues to hit him while he’s on the ground.”

Manley notes that was when Warner was stabbed, it was done in self defense, however Assistant District Attorney Daniel Young attempted to put a more ominous spin on Contompasis’ actions, saying that he was there “targeting his political opponents” to attack and that his lack of remorse justified the 20-year sentence he received. “He believed even at the time of sentencing that he still believed that he was justified in what he did, not just because he was protecting people but because he was protecting them from his political opponents,” Young said.

Young however still had to acknowledge that Wierzbicki initiated the melee but downplayed his relevance in the case, despite him providing a witness statement. “The defense puts a lot of stock in the Wierzbicki statement because Wierzbicki essentially kicked off this whole melee but as it pertains to the defendant’s justification defense and the charges against the defendant, he’s not relevant in the slightest” Young said, noting that the only interaction that Contompasis had during the incident was when he initially slashed at Wierzbicki, causing him to back off. “This isn’t a witness that’s central to our case, that’s not even needed for our case.”

Wierzbicki turned himself into police in March 2021 and was charged with third-degree assault and possession of a weapon in the fourth-degree. He ended up just being fined.

Manley countered pointing out that Contompasis not only acted to protect others as even Young noted but also diffused a situation that he saw was going too far.

Manley also noted how “Juror #14” was equivocating when asked during selection whether or not she can be impartial to him. She was initially excused but was ultimately placed on the jury. “One of the prospective jurors gave many equivocal responses,” Manley explained. “When asked if there was anything that could affect her ability to be fair she said, maybe not. And then she said, ‘I’m more concerned.’ She said, ‘I think I can be fair, but it kind of makes me angry. There’s more support for criminals than victims.’ And finally at the end, she said, ‘Okay, I can set it aside, but I’m not happy with it.’” Although she was first set aside, eventually she was put on the jury.

Young denied that Juror #14 was equivocal. “I think a juror saying that they can set aside all biases, but they don’t like it, that’s the same as saying they can set aside all biases. That doesn’t turn it into an equivocal statement.” One of the justices disagreed at this point saying, “But she equivocates by saying things like I believe so, I think so.”

“She does,” Young said, “she says that she can set the bias aside.” This began a discussion with the one justice noting that the juror’s behavior was “problematic.” Later Young said that he understood if the court was hesitant to condone the juror’s behavior.

Since Contompasis’ conviction, Albany County District Attorney David Soares, whose office prosecuted Contompasis, was defeated in a Democratic primary by criminal defense attorney Lee Kindlon who went on to win the general election and will assume the office at the beginning of 2025. It is not known how Kindlon will go forward with the case.