Attorney: Hard to defend against "making a terroristic threat" charge

SYRACUSE (WSYR-TV) - 15 people across Central New York and the Mohawk Valley charged with making a terroristic threat means 15 attorneys will have to figure out how to defend them.

Syracuse attorney Nick DeMartino successfully got the charge dropped for a client who was accused of threatening to blow up Cicero-North Syracuse High School in 2005. 

DeMartino says, "The results of the finger print analysis came back - he didn't write the note. Someone else did. Those charges were dismissed. So they are defensible, if there's a defense to be had. But the way the statute is written, it's really hard to defend these cases."

The charge isn't about weapons or the ability to carry out the threat - it's about the communication itself.

DeMartino says the primary hurdle for the prosecution - to prove the person charged actually made the threats. Once that happens, it's hard to defend.

The defense will then focus on mitigation - arguing that a person's age or mental capacity should be considered.

The maximum sentence is seven years in prison.

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