Special prosecutor named in alleged stalking of Suffolk Legis. Rob Trotta

The Suffolk County Court supervising judge last month appointed a special prosecutor to take over a criminal case against a man accused of stalking Suffolk County Legis. Rob Trotta.

Suffolk Supreme Court Justice Richard Ambro selected Tara Laterza on July 2 after an application by Suffolk District Attorney Ray Tierney, whose office would normally have prosecuted the case. 

Special prosecutors may be called in to avoid potential conflicts of interest. In this case, Trotta said in a brief phone interview Thursday, they were obvious: Tierney's sister, Joann Tierney-Varello, ran unsuccessfully with Trotta for a position on the Smithtown Town Board against Republican incumbents in June, and Tierney and Trotta are friendly.

“I was running with ... [Ray Tierney’s] sister for office and I have known him for quite some time, for years, and I think it’s only appropriate," Trotta said. 

The case drew outsize attention because of its personalities and timing.

The man, Joshua Smith, 47, of Kings Park, was dating Smithtown Supervisor Ed Wehrheim’s daughter when, according to Suffolk police, Trotta reported on more than one occasion in late June that Smith parked his white Chevrolet pickup truck in Trotta’s driveway and “revved its engine to intimidate [Trotta] and his family.”

Trotta (R-Fort Salonga) and Wehrheim were near the end of a contentious, monthslong primary battle for the Republican nomination for Smithtown supervisor, the June 25 vote just days away. The nation was still shaken by the June 14 stalking and shooting of two Minnesota state lawmakers and their families.

Wehrheim would go on to win the primary.

Smith, arrested June 23, pleaded not guilty at a July 18 arraignment in Suffolk First District Court before Judge Susan A. Berland, who issued a temporary order of protection and released Smith on his own recognizance, according to court records. Smith is set to appear Sept. 4 in Suffolk First District Court before Judge Evan Tanenbaum. The charge, stalking in the fourth degree, carries a maximum possible sentence of 3 months in jail. Smith's lawyer, Bay Shore-based Daniel Driscoll, did not comment.

The court order appointing Laterza does not explain why Tierney requested a special prosecutor. Timothy Finnerty, a court spokesman, said Friday that documents related to Tierney's application were under seal.

Laterza, a lawyer in private practice in East Moriches, worked as a Suffolk assistant district attorney from 2013 through at least 2024. In a phone interview Friday, she declined to comment on a pending case. 

Correction: A previous version of this story incorrectly stated the Suffolk police department's description of the alleged incidents.

By Nicholas Spangler

nicholas.spangler@newsday.comspanglernewsday

Nicholas Spangler is a general assignment reporter and has worked at Newsday since 2010.