TROY — The defense attorney for a Troy police officer charged with assaulting a man after a Little League game accused Rensselaer County District Attorney Joel Abelove of targeting his client because the alleged victim in the case is "an affluent, white male who has the ear of Mr. Abelove."

William Roberts, the lawyer for officer Dominick Comitale, proceeded to reference Abelove's handling of the April 2016 death of Edson Thevenin, an African-American man who was shot by police as he fled a traffic stop.

"I thought the way grand juries work here in Rensselaer County is police officers get notified and get immunity before a grand jury — but I guess that only happens when the complainant is deceased," Roberts said.

The attorney spoke at Rensselaer County Courthouse after Comitale was charged with misdemeanor assault and harassment for allegedly hitting another man in September.

State Supreme Court Justice Patrick McGrath opened an indictment Monday morning; the officer entered a not guilty plea.

Roberts called Abelove's decision to bring the indictment "an abuse of power," and said Comitale was never invited to testify in front of the grand jury — a courtesy prosecutors can offer to targets of investigations.

Abelove faced heavy criticism for his handling of Thevenin's death, especially his decision to allow Sgt. Randall French, the cop who fired the fatal shot, to testify with immunity — a move that effectively ended any possible prosecution of the officer.

Earlier this year, Abelove was charged with perjury and official misconduct related to the Thevenin case and the subsequent probe of the matter by the state attorney general's office. Those charges were dismissed by a judge who said the state had exceeded its authority to investigate Abelove, though the state is exploring an appeal of that decision.

Roberts said he believed Comitale's indictment was prompted by his motion seeking dismissal on speedy-trial grounds.

“There has been no change in the facts; there have been no changes in the circumstances in this case,” the lawyer said.

The altercation occurred on Sept. 8, when Comitale — who was off-duty at the time — allegedly elbowed Twin Town Little League vice president Darren Ayotte and pressed his police badge into Ayotte's forehead after pushing him against a car. Comitale was initially charged with second-degree harassment.

According to witnesses, Comitale inserted himself into an argument between Ayotte and a Little League manager over cleaning up the field after a game. Ayotte is the director of personnel for the state Department of Correction and Community Supervision.

Comitale's behavior on and off the job has been the subject of several complaints in recent years. The City of Troy has paid more than $174,000 to settle four allegations of excessive force filed against him since 2011.

In November, Ayotte called Comitale "a threat to the public" and said he was unfit to be a police officer. Ayotte indicated he would sue the city over his conduct.

Ayotte and his attorney, Lee Kindlon, released profanity-laced audio — drawn from dashcam footage shot by responding officers — in which Comitale disparaged female witnesses to the incident, insulted North Greenbush's police chief and said his arrest was "bullsh_."

"You should have went to Troy, man," Comitale says at one point to the North Greenbush officers. "It's a lot easier. You don't have to deal with this f__ing sh__. You'd be slapping people around telling them to f__ off and 'Go play over there.'"

When an officer tells Comitale that five witnesses said they had seen him strike Ayotte, he responds with a laugh, "They're women, right?"

While Comitale did not speak after Monday's appearance, his wife Laney Comitale tried to explain the context behind those comments: She said that North Greenbush officers had only interviewed women who were related to or knew Ayotte.

"They did not take statements from anyone else," she said.

Dominick Comitale was suspended late last month from the Troy Police Department. It is unclear if the suspension is paid or unpaid. He had previously been on disability with a shoulder injury.

Troy PBA President Nick Laviano criticized Abelove for indicting Comitale on Christmas Eve, calling the charges “concocted.”

“(Abelove's) office screwed up the charges several times in this case, but that has been par for the course since day one of his administration,” Laviano said.

In addition to his wife, Comitale appeared in court with his father and only a few other supporters. It was a markedly different scene from last month, when over a dozen active and retired Troy police officers came to court to support Sgt. Ron Epstein and Detective John A. Comitale Jr. as they were sentenced for their roles in concealing their illegal entry into an apartment containing drugs in June 2017. Both officers retired as they faced the charges.

Abelove, a Republican who next week will relinquish his office to Democrat Mary Pat Donnelly, was not available to respond to a request for comment.