Suit by victim of stabbing, mutilation dismissed

CANTON — A state Supreme Court judge has dismissed a lawsuit against St. Lawrence County by the family of an Ogdensburg man who was stabbed and tortured.

Judge David R. Demarest ruled last month that the county Probation Department properly supervised Harry E. Klages II. Klages confessed to slashing Andrew W. Lesperance from his stomach to his groin with a knife, mutilating his eyes, cutting off his penis and attempting to sever the victim's leg below his hip Jan. 31, 2008.

"There is no proof of: any direct contact between Lesperance or any Defendant; any assumption by defendants, through promises or actions, of an affirmative duty to act on behalf of Lesperance, as the injured party; nor Lesperance's justifiable reliance on any affirmative undertaking by the county defendants," Judge Demarest wrote.

Mr. Lesperance and his sister, Rona L. Lacomb, filed the lawsuit in April seeking unspecified damages against Klages, the county Probation Department, Probation Director Francine M. Perretta, an unnamed probation employee, the county Health Department and Health Director William J. Serafin.

The suit alleged county officials were told that Klages had violated his probation by buying and consuming alcoholic drinks, but still considered him a "model probationer." The suit also alleges they didn't thoroughly evaluate Klages for alcohol and drug abuse.

Klages had been convicted twice and placed on probation from cases that were settled when he pleaded guilty to attempted assault. One involved a hammer attack on a man in Potsdam on July 23, 2005.

The other was a knife attack on an Ogdensburg man in a tavern parking lot Aug. 26, 2006.

Klages was sentenced in August to 38 years in state prison for torturing and mutilating Mr. Lesperance. Klages was convicted on two counts of felony first-degree assault. He had been charged with first-degree attempted murder and six counts of first-degree assault.

County officials were satisfied with the judge's decision.

"We're pleased that the judge wrote a well-reasoned decision and found the county wasn't responsible for this horrific incident," county attorney Michael C. Crowe said. "The person responsible is sitting in prison for a long time."

Attorneys from the law firm of O'Hara, O'Connell & Ciotoli in Fayetteville, who represents Mr. Lesperance, didn't return several calls for comment. Klages has failed to respond to the suit's allegations.