Albany

A judge showed more compassion for ex-Albany County Legislator Brian Scavo on Friday than Scavo's own lawyer did.

Acting Supreme Court Justice Roger McDonough sentenced Scavo, 62, of Albany to six months in the Albany County jail and five years probation for trying to pass $5,450 in two bogus checks at a Delmar bank — but not before Scavo's attorney told the judge his client's actions were "wacky."

The judge could have imposed a term of 2⅓ to 7 years in state prison on Scavo, an Army veteran who was convicted at trial in December of two counts of criminal possession of a forged instrument. The jury acquitted Scavo of two counts of falsifying business records.

Scavo's attorney, Steve Coffey, candidly admitted in open court what he thought of Scavo's actions.

"It is not my purpose and never has been to use the vernacular in a case, but Brian's behavior in the case, his testimony on the stand was, in a word, wacky," Coffey told the judge. "That's the only way to describe it."

Coffey said his client is passionate and has his own point of view, but also has difficulty answering questions and "could be considered odd."

The attorney made his case for Scavo's leniency with what could be considered backward compliments.

"People like Brian. They will shake their heads and say, 'There's something about him that I don't quite get,' and I acknowledge that. It doesn't mean he should be in jail. It certainly doesn't mean he should be in prison," Coffey told McDonough.

Coffey asked the judge to sentence Scavo to probation.

Chief Assistant District Attorney David Rossi said Scavo showed a lack of remorse and responsibility and asked the judge to take that into consideration.

When offered the opportunity to speak, Scavo apologized for his appearance, saying he has not used a razor in days. He has been in jail for 47 days because a judge refused to allow bail in an unrelated misdemeanor stalking case. With good behavior, Scavo could be released within three months.

Scavo then highlighted his various accomplishments as a county legislator when he represented the Delaware Avenue area from 2008 to 2011. He tried to run for office again last year, but the Board of Elections ruled the address listed on his petition was not within the election district.

On April 10, 2014, Scavo walked into the Kinderhook Bank branch in Delaware Plaza in Bethlehem and opened a new account to deposit checks that were quickly flagged as fraudulent and not honored.

Scavo, who sells and repairs cars, contends he was "bamboozled" through Craigslist by someone named Williamson who sent him the checks, supposedly to buy a car. He said he was stunned to learn fellow car dealers all over the Northeast have been conned by scammers passing phony checks to get cars.

"I stand before you falsely accused," Scavo told the judge, "and I hope that some day I'll be able to bring these check scammers to justice."

Scavo said he is the "lifeline" for his older brother, who is in the Albany County Nursing Home. He also said his fiancee is pregnant with his first child. A woman identified as Scavo's girlfriend sat in the courtroom for the sentencing. She declined to comment.

"I've always worked hard to do the right thing," Scavo told the judge. "I don't drink. I don't smoke. I don't do drugs. I never did. I like to talk. I'm extremely friendly which, sometimes people take it the wrong way. Today, I ask for your forgiveness and especially your honor, today I ask for your help."

McDonough told Scavo, "I will note that you are indeed a puzzling individual, Mr. Scavo. There are laudable aspects to your personality and your history. You served in the United States Army. You served as a county legislator and all those laudable acts are to be commended and are being considered."

The judge said, in his view, Scavo perpetuated a fraud by trying to deposit "obvious fraudulent checks" and a second fraud at his trial.

"More damningly, Mr. Scavo, you attempted to perpetrate a fraud upon the jury and the court in your testimony," the judge said. "Your testimony was, in many ways, absolutely incredible on its face. Your testimony was, at best, rambling and non-persuasive. At worst, it could be considered perjurious because within the context of your testimony itself you said different in regard to the same manner."

Albany County Sheriff Craig Apple, who runs the county jail, said Scavo was recently moved to a less-desirable tier in the lock-up because Scavo asked "too many questions" about the personal information of a female jail officer. Scavo faces another case — he was arrested Dec. 26 on an unrelated misdemeanor harassment charge in connection with his alleged stalking of a female employee at Crossgates Mall outside Bally Total Fitness on Dec. 19. Coffey said he expects that charge to be dismissed.

rgavin@timesunion.com • 518-434-2403 • @RobertGavinTU