Conspiracy charge in murder-for-hire case dismissed

The conspiracy charge against Anthony Battisti, the New York City police officer accused of hiring a hit man to kill his ex-wife, was dismissed Friday by County Court Judge John Kase, who cited technical problems with the charge.

But prosecutor Carolyn Kelly asked Kase to add a charge of second-degree attempted murder because she thought the jury would find the evidence compelling enough to convict Battisti on those grounds. Kase said he would decide on her application Monday, when the trial resumes.

Battisti, 43, of Franklin Square still faces charges of first-degree attempted murder, second-degree assault and criminal possession of a weapon. He is accused of hiring Timothy Gersbeck, 39, of Levittown to kill his ex-wife Patricia Battisti. Prosecutors said he was frustrated over child support and custody issues.

"We're pretty confident we're going to win this case," said Battisti's lawyer, Stephen Scaring of Garden City.

Scaring said the defense did not ask the judge to dismiss the conspiracy charge, but that the judge found a technical problem in the indictment regarding the charge. When asked if this was an unusual move by a judge, Scaring said, "Well, that's what they're paid for."

"The theory of the prosecution remains the same, and we believe that the evidence will prove Anthony Battisti hired a hit man to kill his wife," said Carole Trottere, spokeswoman for the Nassau County district attorney's office.

Gersbeck, who is cooperating with the prosecution and pleaded guilty, was arrested after he tried to stab Patricia Battisti with a sharpened screwdriver outside her Franklin Square home in January 2009, prosecutors say. Patricia Battisti's boyfriend and 19-year-old son, who were at the house, caught Gersbeck, who only scratched her.