It appears that it's not a done deal that the Genesee County District Attorney's Office will pursue an adultery charge against Suzanne M. Corona, who was allegedly caught engaged in sexual conduct in Farrall Park on Friday.
The 41-year-old Corona and her husband of nearly 7 years spoke with reporters yesterday and Joseph Corona said that if he was the supposed victim of the crime, nobody in law enforcement ever consulted with him to see if he wanted adultery charges filed.
"I wish that the charges were dropped so that we could resolve this as a man and wife, more of a private matter," Joe Corona said.
He called District Attorney Lawrence Friedman yesterday morning and asked that the charges be dropped.
"(The wishes of the victim) does come into consideration and I told him that," Friedman said. "But what I also told him is that it's not the only consideration.
"Let's say for the sake of argument," Friedman added, "that he is the victim of that charge, we do take into consideration the victim's feelings, but as in any other case there are other things we look at."
While other people may argue that the case is bigger than just the people involved, he said such philosophical positions don't really factor into whether to prosecute a defendant.
Suzanne Corona has said she plans to challenge the constitutionality of New York's adultery law and she is actively seeking legal representation.
Friedman said he considers the constitutional issue somewhat irrelevant because Corona is charged with two Class B misdemeanors, the least serious crimes in New York. Even if one charge were dismissed or withdrawn, there's the public lewdness charge, which Friedman believes Corona has pretty much admitted to in her public statements.
Asked, however, that if there was a constitutional challenge, wouldn't it require his office to defend the state law? Friedman replied, "If we choose to do so."
"It's not like I would anticipate somebody receiving concurrent sentences if they were convicted," Friedman said.
The DA said no decision has been made on how to handle the case, and when the decision is made, it will be one of the assistant district attorneys in his office who makes the call. Friedman said he's not going to be directly involved in the case.
Friedman has prosecuted an adultery case in Genesee County before, he said. In that case, a witness testified under oath to a long-term, consensual relationship with a married woman, which prompted the woman's husband to ask the DA's office to pursue an adultery charge.
"How could we say no to that?" Friedman said. "Regardless of how anybody feels about the law, it is the law. We do feel a certain obligation to enforce it."