SENECA COUNTY, N.Y. -- A former Waterloo judge in Seneca County was sentenced to jail time and probation for falsely claiming he was assaulted.
Roger Barto was sentenced to six months in jail and five years probation after he was convicted of four charges. In court, Barto continued to claim he did nothing wrong. He offerered no apology and showed no remorse. A jury convicted him after lying about being beaten outside of court back in August of 2013. Investigators said Barto claimed he was hit over the head with a toilet seat and was strangled as he left the Waterloo Municipal Building.
He was later found guilty of insurance fraud, defrauding the government, falsifying business records and falsely reporting an incident. The District Attorney's office said medical experts turned up no credible proof of the attack and said that Barto invented the incident and then received medical services paid for by the county, a bill of $41,477. He paid that money back at sentencing.
"The judge gets to decide the sentence, not the DA, it was his call in what the sentence could be. I obviously asked for the maximum state prison sentence. He did pay full restitution so I did expect a lighter sentence," said Seneca County District Attorney Barry Prosch.
"The prosecutor was seeking Mr. Bartow to recant all the statements he gave under oath to the jury and all the statements that he had given to the state police during three interviews. It was be hypocritical of him to now say, 'Oh yes I was lying then." He maintains his innocence," said Gary Muldoon, defense attorney.
Barto was immediately taken to the Seneca County Jail where he'll begin serving that six month sentence before beginning five years probation. Barto could have been sentenced up to seven years in state prison. His attorney Muldoon plans to repeal.