Sex crime trial of 'DJ Iroc' in Albany could be tossed

ALBANY – The child sexual assault case in Albany County against former hip-hop disc jockey Brian Angelo could be tossed after prosecutors revealed Monday that the complainant is unsure about the timeline of the alleged attacks.

The 52-year-old Angelo – known professionally as “DJ IRoc" when he worked at JAMZ-FM 96.3 – was charged with abusing the child between Feb. 15, 2009 and Oct. 19, 2009. The girl was 12 at the time.

An indictment accused the Clifton Park man of predatory sexual assault of a child, the most serious sex in New York state. He allegedly engaged in two sex acts with the child.

A mistrial was called in Angelo’s first trial in January.

On Monday, jury selection in Angelo’s retrial was scheduled to begin before state Supreme Court Justice Peter Lynch. Instead, a prosecutor asked for a two-week adjournment “to determine if we have legal authority to re-present the matter to a grand jury,” a court transcript revealed.

Assistant District Attorney Caroline Murray told the judge that in a pre-trial meeting with the alleged victim, now in her early 20s, the woman said she could not definitively say whether one of the two incidents took place in the summer of 2009 or summer of 2010, the transcript said.

Angelo’s lawyer, Joel Abelove, the former Rensselaer County district attorney, asked the judge to dismiss the case. He said prosecutors were essentially saying they were not ready for trial.

“Certainly, this isn’t like any other run-of-the-mill adjournment request,” Abelove told Lynch.  “They are not saying they need more time to put together this case. They are saying they cannot go forward with this indictment. It’s a single-count indictment.”

Abelove told Lynch the information that prosecutors disclosed on Monday was not going to change with an adjournment. He said it appeared to him the case was not ever going to be able to tried in its current form.

The judge allowed the prosecution to file motions.

Angelo faces another case in Rensselaer County, set for trial this spring, on allegations he sexually abused the same girl and another girl.