ALBANY, N.Y. (NEWS10) – Twelve jurors in Albany convicted Dennis Boodrow of Grand Larceny in tire theft.
His brother said it would be a death sentence. It’s the defendant’s health that his family says is the most serious issue.
Using police and security videos, the prosecution argued how Boodrow and a co-defendant allegedly stole four rims and tires from an SUV parked outside a Colonie Cadillac dealership in January 2016.
The prosecution is using Boodrow’s own conversations with investigators as an admission of guilt.
The defense claims Boodrow only tagged along that night to go grocery shopping at a Shop Rite next door. They say he was told by the co-defendant that the tires were from a friend.
“It’s not an elaborate con game.”
Perhaps the defense made that statement to underscore what the jury has seen every day – the twitching, grunting and sniffing.
The jurors have been told the career criminal has a “condition.” What they have not been told is that they are being asked to convict a man who is already facing a tragic life sentence.
“He can’t even help his attorney make a case for himself,” Dennis’s brother, Brian Boodrow, said.
Brian says his brother was diagnosed with Huntington’s disease four years ago. It’s a rare, incurable degenerative brain condition that’s inherited.
“Out of six family members, three of them had the disease, three didn’t,” Brian said. “One died from cancer. This one is in a trial he shouldn’t be in.”
Brian believes Dennis’ past substance abuse and criminal behavior all stem from the disease. He says the jury should have been told all this.
“And for this to be kept out of court is just disgusting,” Brian said. “To show that he has a brain disease that stops him from making good decisions for himself. And he’s going to lose his life if he loses this trial because he’s going to end up dead in jail.”
Dennis is facing two and one-third to seven years if convicted on the grand larceny charge.
The district attorney’s office says it was the defense who could have brought up the Huntington’s disease but chose not to. The prosecution does not dispute Dennis has Huntington’s.