Corning: People are essentially good

By Amaris Elliott-Engel / The Citizen

Saturday, December 23, 2006 11:38 PM EST

Away from the bench, Peter Eugene Corning is a teller of jokes, a man who easily laughs. The man entrusted for 27 years by Cayuga County voters to dispense justice according to his best judgment is a storyteller, a mingler, a man of his own.
Jason Rearick / The Citizen
Chief Assistant District Attorney Jon Budelmann, right, speaks to Judge Peter Corning during court.
Local attorneys - even when they don't agree with the longtime Cayuga County judge's decisions - admire his independent decision-making and his command of his courtroom. His intimates say his nature is well-suited to analyze dilemmas and seek a just resolution to felony court cases, family court cases involving negligence of children and custody disputes, and civil cases involving sums up to $25,000.

Corning, for himself, says that he has always tried to be fair.

“He has become a legend in his own time,” said Raymond Sant, a Cato attorney and one of Corning's closest friends since 1958. “He was known in legal circles for being extremely fair, being very even-handed. While he was firm, he always had a great deal of compassion for the defendant and for everyone in the judicial system.”

Corning is a registered Democrat who won countywide elected office four times as district attorney and three times as county judge.

“For a Democrat in the county, that's quite a feat,” said Doug Bates, an Auburn attorney who has been practicing law since 1975.

His legal resume is extensive: two years with the Federal Bureau of Investigation as a special agent, a decade as the county's top prosecutor, an offer to become a U.S. Attorney and 27 years as the county's top judge.

But Corning has been a lightning rod at times because of controversial cases.

He and his family have been the subject of gossip. A convicted drug dealer implicated his son John in the 1981 murder of Julie Monson, and another convicted drug dealer levied charges of drug abuse against Corning (unsubstantiated in an FBI investigation). John was placed on probation Dec. 22, 2004, following his guilty plea to the felony of fourth-degree conspiracy.

Corning is matter-of-fact about what a public figure faces from the rumor mill.

“The small community can be the most gracious and caring or it can be the most vicious. I've seen both sides of it,” Corning said.

As a judge he couldn't comment on the rumors, Sant said, “so with grace he kept his silence. That was a real shame. It was a travesty because so many people wanted to believe those rumors. I can tell you there was absolutely no truth to any of them.”

Corning is in his last month on the job. He was mandated by state law to retire after turning 70 in June. Thomas G. Leone will replace him Jan. 1.

“I wish him very well in his retirement,” said Cayuga County Surrogate Judge Mark Fandrich. “It's a shame for a judge who's at the top of his game to have to retire just because he's reached the mandatory retirement age.”

The Man in the Robe

Corning has a running joke with Lisa Giacona, closing in on her 21st year as Corning's court reporter.

“Did I surprise you with anything today?” he'll ask her after a court docket.

“No, I knew exactly what you were going to do,” she'll say.

She's been a sounding board at times when Corning begins mulling over cases. She chokes up talking about his impending retirement. She doesn't know how she's going to get through her turn to speak at a farewell party for Corning. He's been the boss of a lifetime for Giacona.

“He does what he feels is right, no matter what,” Giacona said.

Corning has held a reputation with other judges as honest, hard-working and fearless, said Robert A. Contiguglia, who served as Cayuga County Surrogate Judge between 1978 and 2001.

“He wasn't afraid to handle difficult cases when he was on the bench,” Contiguglia said. “He was always well-prepared. He was compassionate when he needed to be. He was tough when he had to be.”

“I believe I'm doing the job, hopefully, in an exemplary fashion,” Corning said, punctuating his remarks with frequent gestures. “The community needs justice decided in an intelligent, common-sense manner. Is it difficult at times? Yes. The Family Court can be excruciating.”

Corning said it's been important for him to be an independent decision-maker, to be neither a rubber stamp for the district attorney's office or a bleeding heart for defense attorneys.

He believes that people are essentially good. He says that you can go to Auburn Correctional Facility, get to know the inmates there, and realize that most of them are good people who took a wrong turn.

But the rule of law is essential to maintaining society's good functioning, he said. One of his campaign slogans went: “There can be law and order without justice, but there can be no justice without law and order.”

“I think that most people are good people driven to bad things. I have faith that most people are good people,” Corning said.

Corning is a judge that follows legal precedent, providing litigants and attorneys predictability, said Jack McLane, who has been Corning's court attorney since 1983.

He has an intangible quality that commands respect, McLane said. And Corning has a sixth sense, based on good judgment and common sense, of how cases will turn out even before all the legal research is conducted, he said.

Corning often startles attorneys who have spent a half-hour going through a case's facts by analyzing the case's legal ramifications within seconds, Sant said.

Auburn attorney Dennis Sedor was inspired to become a lawyer when watching Corning prosecute Sammie Thomas and Willie Gene Thomas for the murder of his uncle George in 1976.

“Even back then it was easy to see Judge Corning had a real presence in the courtroom. He was a powerful individual who commanded a lot of respect,” Sedor said.

On the bench, Corning teaches juries by breaking down legal instructions, often threading them through with common-sense examples; he is sympathetic with green lawyers relying him on him to aid them in their first trial, Sedor said.

He will dress down attorneys who haven't prepared for their appearances, and he keeps court proceedings on a tight rein. Sedor jokes that Corning could compact a two-week trial into two days.

Corning reversed a murder conviction obtained by Sedor with former District Attorney Paul Carbonaro. “Even when he rules against you, you always came away with the feeling he usually got it right ... He always got to the right decision for the right reason. He had a knack for it. In the end, he'd always say the right thing at sentencing,” Sedor said.

Current District Attorney James Vargason said that Corning has mellowed over the years, sometimes giving lighter sentences that he would have 14 years ago when Vargason became DA. But the main thing Vargason thinks of with Corning is his command of the courtroom.

“The first thing I think of is he's an excellent trial judge. He has an excellent command of the rules of admitting evidence ... Judge Corning's ability to recall the law and analyze it in the context of a particular fact pattern and render a decision that was always correct is second nature to him. He always ran a very organized courtroom. He was not someone who was easily misled,” Vargason said.

Carbonaro, who was DA between 1984 and 1991 and has continued to appear in front of Corning on civil matters, said Corning is fair-minded, whether or not one is wearing a suit, a uniform or street clothes.

“I think Judge Corning has a firm sense of fairness and is not afraid to go against public opinion if he thinks he's doing the right thing,” Carbonaro said.

Corning never forgot what it was like to be a lawyer, so he understood things like scheduling conflicts for trial witnesses, but he didn't allow lawyers to sway him one way or the other, Carbonaro said.

“He wanted you to be prepared. He didn't want to take any guff,” he said.

Corning can be extremely solicitous and considerate with the defendants in his courtroom, asking how they are, addressing them by name and encouraging to make their court appearance a milestone toward changing their lives. Earlier this month, he told two different men facing extradition to Florida that at least it'll be warmer there.

He is quick to rebuke when defendants act out. He recently made a defendant swear an oath to tell the truth when he began to lie upon entering a guilty plea.

In Family Court, he will tell recalcitrant children who haven't had any authority figures in their lives that he is going to be that figure, said George Shamon, whose has worked as a support magistrate for 21 years and is another of Corning's close friends. In family court, Corning has zero tolerance for juveniles bullying schoolmates, Bates said.

A defendant might be “snotty and disrespectful and answering back,” Giacona said. “He just starts talking with them at their own level. He just has a way of talking to them and getting on their own level.”

Richard Luciani is a sentencing specialist who has prepared several pre-sentencing reports for Corning to review on behalf of high-profile defendants like Teri Whyte and Jolynn Wilson, two young women who pleaded guilty to causing the deaths of their young sons; Bradley Laning, who stabbed his girlfriend Andrea Kell to death; Michelle Davis, who pleaded guilty to killing her autistic son, Danny, by setting her home on fire; and Mary Schoonmaker, a teacher's aide who had sexual relations with three underage boys.

“What I really appreciate from the judge was his courage,” Luciani said.

He said Corning steps back to consider the factors that led to a crime. In Davis' case, it was her contention she had been sexually abused by her son and his behavior was escalating out of her control; in Schoonmaker's case, it was her mental health problems, Luciani said.

“He showed a real ability to look beyond the charges and the hype of cases,” Luciani said.

“The best thing to describe Judge Corning is that he's always on an even keel,” said David Elkovitch, who has appeared in front of Corning for the judge's entire career and represented Davis. “Which I think is the best policy for a judge. He's neither way up high or way down low. He's always in the middle, which is the best temperament to have as a judge.”

“I don't think he cares what the public, the media says. He does what he thinks is right,” Elkovitch added.

The most notorious case Corning has handled may be the case of Roger Kulakowski, who was convicted of sodomizing a 5-year-old girl in 1985. Under intense public and media pressure to do otherwise, Corning decided in 2002 to allow two girls to remain in the household Roger lived in because their mother had admitted neglecting them. Kulakowski had maintained his innocence, and Corning was skeptical of his conviction. Above all, he felt that the girls, Kulakowski's daughter and her half-sister, were thriving in the home.

“History has proven me right. Those children have flourished,” Corning said. “Because of political correctness, I would have forfeited those children.”

While the criticism got his back up at the time, now he finds more humor in it. Sometimes he plays a tape from CNN where his decision was criticized by a panel.

But usually Corning doesn't take the hard decisions of his court work home with him.

Sant says they talk about everything else but their cases.

“He's not afraid to make hard decisions,” Shamon said. “He's not afraid to send someone away. When he's done and made the right decision in his mind, he's able to walk away from it and not bring it with him.”

“That's probably one of the greatest assets I had,” Corning said. “My predecessor died from that. He'd make decisions and machinate over them.”

When the robe is off

Outside the courtroom, Corning dons a cowboy hat at times. He has called his Thoroughbred-Percheron gelding, Taber, one of his best friends.

“They always say the best thing a man has is to be on the outside of a horse. There's something peaceful,” Corning said.

When he bought an apartment building on South Street in 1985, Corning said he “learned how to be a carpenter and electrician and went to BOCES.”

He's made rocking horses and doll houses for his granddaughter. It's a relief mechanism, he says.

“From time to time, he's a good golfer when he works at it,” McLane said.

Corning plays tennis and boats, too.

Corning is the gregarious one, while his longtime friend, Lew Springer, a retired defense contractor who owned Creative Electric on Division Street, is quieter in comparison.

“We've had a really good friendship for well over 50 years. Either one of us can rely on the other. He loves to party. He loves to be around people. Stories and jokes are his stock and trade,” Springer said.

Above all, Corning values personal loyalty and fair play for everyone, Springer said.

He likes to be the center of attention, Sant said with fondness.

Sant, a former chairman of the Cayuga County Republican Party, said Corning never played favorites along political parties. “He had a great following, not only in the Democratic Party, but had many friends, including myself, in the Republican party,” Sant said.

Shamon said Corning's socializing has kept him in the “mainstream of society,” something of benefit to him as judge. “But all of that was never an influence on what his decision was,” Shamon said.

“What has always amazed me about him, no matter what we're talking about, he always has a life experience that he can relate,” said Kim Schooley, Corning's assistant for 12 years.

“(He's) kind and fair. I can say a hundred things. Very considerate. Just a great guy. An honorable judge,” Schooley added.

Like with any friendship, Sant said, the men have had their ups and downs. But whenever Sant gets mad, Corning reminds him he gave him his German Shepherd, Rommel, “the best dog I ever had,” Sant says.

Corning hasn't decided what he's going to do with his retirement. He might teach. Or practice law. Or write a book.

The people who work side by side with him, who value him as much as a friend as a boss or colleague, also are a bit at a loss at the end of Corning as an institution on Cayuga County's bench.

Shamon, an assistant district attorney under Corning for seven years, his law clerk for a while and then support magistrate, said his collegiality with Corning has brought him close to exciting politics, a position with positive impact and the chance to watch Corning's family grow up.

“I've been fortunate he's taken me every place he's gone, and it's been a great ride for me. I'm just one of the family. That's how deep it goes,” Shamon said.

“It's been difficult, everybody asking, 'What are you going to do?'” Schooley said. “It's the end of an era, but it's also the beginning of a new chapter.”

Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net

The Citizens' Say

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There are 33 comment(s)

Jay wrote on Dec 26, 2006 10:46 AM:

" This article is unbelievably biased.It is true he sent alot of the bad men to prison,but is also true he is a jaded, mean spirited judge with a twisted sense of justice.He made up his mind about a person's innocence or guilt before all the facts based on one's appearance.His form of justice is just another example of the good ole boy system of justice in cayuga county.Corrupt?Unfair?Unable to show compassion?Harsh?God complex?History will be the judge.Thank God we're finally rid of this So called wonderful individual, 27 yrs too late. "

Kevin wrote on Dec 26, 2006 3:43 AM:

" Here's a guy who has an astounding educational background. He has shook hands with some of the most upper echelant of figures in our country. And yet he can converse with someone like me in an elevator about everyday stuff. Best wishes your Honor!! "

yvonne wrote on Dec 26, 2006 12:24 AM:

" THANKS FOR THE CHRISTMAS PRESENT. THEIR REALLY IS A SANTA . "

unforgiving wrote on Dec 26, 2006 12:13 AM:

" you hurt enough people's lives.With your unfair & foolish judgements "

Kevin wrote on Dec 25, 2006 10:20 PM:

" Check the times of the remarks/ posts to this story. Coincidentally, there are some 15 posts left from 3:46 am to 5:13 am, all of which say essentially the same thing. Call me crazy, but I'd suggests that many (most?) of these comments come from people who've violated the law and who've appeared before Judge Corning, and who've felt themselves "victimized" by a no-nonsense judge. "

Rob wrote on Dec 25, 2006 3:24 PM:

" This story wants to make you puke! "

Santa Claus wrote on Dec 25, 2006 2:31 PM:

" Most of those who responded to this article did not get a visit from me this year. The good judge did. Merry Christmas. "

TB wrote on Dec 25, 2006 2:21 PM:

" Maybe there will be real justice now. This guy was never for anyone but himself, his friends and the affluent. "

Cindy wrote on Dec 25, 2006 9:17 AM:

" I had to encounter Judge Corning during family court. I found him to be honest and forthright. He told everyone the law and what had to be proved by the other party (which they hadn't done) and it proceeded from there. I thought he was fair and impartial. Good judge. Of course, as any judge, he gets a lot of troubling cases and has made some controversial decisions (some I didn't agree with, some I did.) I have only lived here for 16 years so I haven't been around for his entire career. I also do not know all the facts of all his cases. "

"For the GREAT Day" wrote on Dec 24, 2006 4:39 PM:

" Don't dispair for Corning himself will be "JUDGED" for his many many many indiscretions one day - ever wonder what his just reward will be? "

What a GREAT day the 1st will be!!! wrote on Dec 24, 2006 3:58 PM:

" To all the comments thus far - with the exception of "Glad to have moved" - KUDOS!!! And believe me when I say Corning is a VINDICTIVE and HATEFUL person - he gives certain indiviuals "a license" to KILL a person and get away with it. And YES YES YES he made his own RULES and form of JUSTICE - talk about a no cruler tyranny than that perpetrated under the shield of law - quite the freaking HYPOCRITE - POOR excuse for a HUMAN - GOOD RIDDANCE - Hope he sleeps well at night. "

press release wrote on Dec 24, 2006 3:30 PM:

" Note to Corning: Wouls it have been so hard to just take a minute and listen to people without cutting them off? Corning was rude, hasty, and while he felt people could take it to Rochester if they were not happy, many can not afford this. Corning did alot of injustice; sadly in that he did not have too. Why cannot the Citizen print the whole story on Corning? "

Paul wrote on Dec 24, 2006 1:44 PM:

" Unfortunately, those who have been sentenced by Judge Corning will never look at their own behavior as the reason for their incarceration. They always blame others for their fate in life and never accept any resposibility for the illegal actions that they have committed. "

glad to have moved wrote on Dec 24, 2006 12:12 PM:

" All you people leaving neg comments have no room to talk.The only reason you have bad things to say is because you or family member or friend has seen him more times then neccesary.I admit I have seen him and I thought he was fair.Get over the roy brown thing too. If he wasnt locked up for sabrina it would have been something else. god luck mr corning.. "

rose wrote on Dec 24, 2006 12:10 PM:

" I think that christine said about Corning. I feel that he should have retired along time ago. The wrong man went to prison for the Monson case. I feel that he should had let Brown out of prison on thursday. But no he couldn't do that. Maybe Justics will work now in our courts now that Corning is out. "

Tristan wrote on Dec 24, 2006 5:13 AM:

" God no don't let Corning teach. There is already enough corruption in the county. "

Billie Jo wrote on Dec 24, 2006 5:11 AM:

" Corning always has a life story that can relate huh? Well tell me something has he ever had a corrupt judge and DA throw his brother away for 15 1/2 years for a crime his brother didn't commit? And then did he have an arrogant DA and a judge blind to the law leave this brother sitting in prison even after DNA evidence proved he was innocent? Something tells me there are just some things that Corning can't relate to. "

Rick wrote on Dec 24, 2006 5:07 AM:

" Glad to hear Corning likes to be the center of attention because sometning tells me that next month when Brown gets out that Corning and Vargason are both going to be the center of attention. "

Rita wrote on Dec 24, 2006 4:59 AM:

" Corning does what he thinks is right. Doesn't anybody else see that is where the problem lies? "

Bev wrote on Dec 24, 2006 4:52 AM:

" God Corning an authority figure for kids. I hope those kids aren't headed off to law school. "

Marion wrote on Dec 24, 2006 4:49 AM:

" Yeah your right there Corning doesn't care what the public thinks. After all the public thinks Roy Brown has proved that he is an innocent man and should have been released. Then again maybe he does care and that is why he left Brown sitting in prison until after his retirement. Maybe just maybe he is concerned with what the public is going to think of him and his hilarious court room tactics when Brown does come out of there next month. Don't worry though judge knowing Brown's sister the way I do I bet she never lets that county forget what you did to her brother. "

Matt wrote on Dec 24, 2006 4:40 AM:

" Hey Corning if it was important for you to be an independent decision maker then why were you always so ignorant to the law when casting your rulings? I guess the law didn't matter as long as you were in charge of the decision making process. "

Marion wrote on Dec 24, 2006 4:35 AM:

" There seems to be some confusion in this article. You claim that on the bench, Corning teaches juries by breaking down legal instructions, often threading them through with common-sense examples. The reality of it is that Corning instructs jurors to disregard pertinent info presented by the defense and tells them that even though there are inconsistencies in witnesses statements there could still be a ring of truth somewhere. Great instructions for a jury wouldn't you say Corning. "

Jo wrote on Dec 24, 2006 4:30 AM:

" Corning's slogan is "there can be law and order without justice, but there can be no justice without law and order.” Yeah Corning that might be true but in Cayuga County it is more like there can be law and order without Corning but there can be no justice with Corning and Vargason. Hooray your almost gone soon then your courtroom will finally have law, order and justice. "

Lisa wrote on Dec 24, 2006 4:16 AM:

" Get a grip here people. This Sedor guy jokes that Corning could compact a two-week trial into two days. Well Sedor is absolutely right but how can anyone see that as a good thing. The reason he can do it in 2 days is because he doesn't bother giving the defense a chance to present their case in it's entirety. Well Corning is done listening he directs the defense attorneys to shut up. He makes rulings without listening to the facts. But yeah let's give him credit for that Sedor. "

Jen wrote on Dec 24, 2006 4:09 AM:

" The following quote out of this article really concerns me "Corning often startles attorneys who have spent a half-hour going through a case's facts by analyzing the case's legal ramifications within seconds, Sant said.". ---C'mon Sant he startles attorney cause they can't believe that he doesn't take more than a few seconds to prepare himself with a case. Corning is a joke. He has total disregard for the law and makes up his own laws as he goes along. That is what really startles attorneys. "

Brandy wrote on Dec 24, 2006 4:04 AM:

" I really had to comment on this "Corning has a sixth sense, based on good judgment and common sense, of how cases will turn out even before all the legal research is conducted". Well maybe he should concern himself more with the law then his sixth sense because God only knows he has shown he doesn't really have any common sense or good judgment "

Tom wrote on Dec 24, 2006 3:59 AM:

" Yeah sure Corning demands a lot of respect in his courtroom. Too bad he can't give respect in his courtroom as well. I have personally watched him degrade and humiliate some of the best attorneys just so Corning himself could save face. "

Sam wrote on Dec 24, 2006 3:54 AM:

" So there is a farewell party for Corning? I bet that place will be packed. God everyone must be happy to celebrate his leaving the bench. "

Alan wrote on Dec 24, 2006 3:53 AM:

" Corning has compassion for the defendents huh? Funny that is something I just never noticed about him. "

Steve wrote on Dec 24, 2006 3:52 AM:

" This article is a little flawed I have yet to meet any lawyer that thinks Corning is fair. In fact it is quite the opposite. "

Jason wrote on Dec 24, 2006 3:50 AM:

" No Corning is not the teller of jokes he is the joke. Take a hike Corning!!! "

Christine wrote on Dec 24, 2006 3:46 AM:

" This is the most ridiculous story I have ever read. Corning is got to be the worst judge that ever existed. He makes up his own rules in the court as he goes along. His son was guilty as sin in that drug bust. Daddy just bought him one of the top attorneys to score a probation sentence. Corning is corrupt now and has been corrupt since he got on the bench. Gee if you want to talk about his son John how about bringing up the fact he was one of the perpetrators in the Julie Monson case. His daddy bought his way out of that one too. Corning is retiring good riddings to bad rubbish!!! "

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