Originally Posted - December 15, 2006

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QUEENSBURY----Queensbury activist Von Lindahl has been sentenced to a year of probation by Warren County Court Judge John S. Hall in yet another one of Hall's controversial cases.

After serving nearly 20 months in state prison when Warren County Judge John S. Hall and the County of Warren denied him his constitutional right to testify on his own behalf before a grand jury, the Appellate Division of the state Supreme court overturned Lindahl's January 2005 conviction by Hall.

The indictment against Lindahl was dismissed without prejudice, meaning that the county could retry Lindahl on charges that he allegedly pointed a rifle at an animal control officer who he alleged was on his property illegally, with an illegally obtained search warrant.

Lindahl, 37 had been serving a prison term of 2 1/3 to 7 years imposed by Hall for third degree criminal possession of a weapon and a misdemeanor menacing charge.

Lindahl had agreed in November to plead guilty to the charges with the understanding that he would not be returned to prison when he was resentenced or he would be allowed to withdraw his guilty plea.

The district attorney's office had sought five years of probation for Lindahl but following a pre-sentence investigation, the probation department recommended a year and Hall agreed but threatening to return him to prison if he "doesn't do well under supervision".

While Hall told Lindahl he needed to continue being a law-biding citizen, Hall seems to have forgotten that he's the one who violated the law and breached not only the constitutional rights of Lindahl but also the Americans with Disability Act by refusing to allow Lindahl's service animal into court. http://www.northcountrygazette.org/articles/121506LindahlCase.html

Lindahl is disabled by a degenerative neurological disorder which causes life-threatening seizures and blackouts and he also suffers from diabetes. He has undergone several surgical procedures and walks with a cane when not so impaired he must use a wheelchair.

He told The North Country Gazette that he did not receive the proper medical care while in prison and entered the guilty pleas so that he could attempt to regain his health.

Lindahl's arrest had come after Joseph Lombardi, Town of Queensbury dog control officer, entered onto Lindahl's property in February 2004 with a warrant and officers of the Warren County Sheriff's Department, trying to seize Lindahl's dogs which the town claimed were unlicensed. Lindahl said the dogs were service animals and exempt from licensing under the Americans With Disabilities Act.

Lombardi is no longer employed in the capacity as Queensbury animal control officer.

Lindahl had challenged the legality of the warrant and said the dog control officer was on his property illegally. http://www.northcountrygazette.org/articles/102706GunConviction.html

A vociferious advocate for property rights, Lindahl has frequently sparred with Queensbury zoning officer David Hatin over alleged zoning violations, being served with appearance tickets for Queensbury Town Court where Hatin's wife is one of the court clerks.

Hatin's brother is a patrol officer with the Warren County Sheriff's Department which arrested Lindahl.

When Lombardi arrived at the Lindahl-Denton residence on Feb. 11, 2004, he apparently immediately called the Warren County Sheriff's Department for assistance in serving his ill-gotten warrant as town justices lack authority under Criminal Procedure Law to issue a search warrant for non-crimes.

The sheriff's department claimed that Lindahl had pointed an AK-47 assault rifle at that upon their arrival on his property. While Lindahl admits to carrying the rifle, he denies that it was ever pointed at anyone.

It is anticipated that now that the charges against him have been resolved, he will initiate legal action against the Town of Queensbury and county for he acknowledged rights violations. 12-15-06

© 2006 North Country Gazette