- Associated Press - Tuesday, October 13, 2015

WATERLOO, N.Y. (AP) - A former judge who said he was knocked over the head with a toilet tank lid and choked at work but later was convicted of false reporting was sentenced on Tuesday to six months in jail.

A Seneca County jury convicted Waterloo Village ex-judge Roger Barto in August.

Barto, 53, made up the attack to get prescription painkillers, authorities said. He told police that he had been jumped, strangled and hit over the head with the lid of a porcelain toilet tank as he left the Waterloo Municipal Building on Aug. 31, 2013. Police in December determined there was no credible evidence to substantiate the claim.

Defense attorney Gary Muldoon said Tuesday that Barto stands by his account.

Barto was hospitalized for nine days after the report, but doctors and nurses called by District Attorney Barry Porsch at trial testified there was no evidence of physical injury. Barto was treated for gout, high blood pressure and other ailments.

A jury found him guilty of insurance fraud, defrauding the government, falsifying business records and falsely reporting an incident.

At his sentencing, he said he disagreed with the jury’s verdict but respected the legal process, according to Muldoon, who said an appeal is planned.

Besides the jail time, Barto received five years of probation. He has paid more than $41,000 in restitution to cover the cost of his medical bills, which were paid by the county.


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