The Nassau County district attorney's office will take over prosecution...

The Nassau County district attorney's office will take over prosecution of domestic violence-related charges against Suffolk Legis. Nicholas Caracappa (C-Selden), shown.  Credit: James Escher

Nassau County District Attorney Anne Donnelly's office will prosecute Suffolk County Legis. Nicholas Caracappa (C-Selden) on domestic violence-related charges after Suffolk District Attorney Ray Tierney requested a special prosecutor.

Tierney, who took office Jan. 1, recused himself and his assistant district attorneys from the case to avoid any appearance of "impropriety," according to court documents filed by assistant district attorney Glenn Green on Jan. 19.

Arguing for a special prosecutor, the filing noted Tierney’s "personal relationship with [Caracappa], including having appeared together while campaigning during the recent election."

Tierney, who is not registered with a political party, ran on the Republican and Conservative Party ballot lines in the Nov. 2 election. Caracappa also had those lines when he was elected to a full term in the election.

State Supreme Court Justice Richard Ambro approved Tierney's request for a special prosecutor on Jan. 26.

Ambro said "the interests of justice are best served" by disqualifying Tierney and his office from the case.

Ambro tapped Donnelly, a Republican who also had the Conservative line, to handle Caracappa's case.

Donnelly's office declined to comment Tuesday.

Caracappa was arrested in December 2020 after authorities said he choked his ex-wife at their home in Selden and violated a court order of protection.

Caracappa, leader of the majority Republican caucus in the Suffolk legislature, has pleaded not guilty to charges of criminal obstruction of breathing and criminal contempt.

Caracappa’s attorney, Kevin Fitzgerald, called Tierney’s recusal "proper and correct."

Caracappa's next court hearing is scheduled for Feb. 9.

The case began during the tenure of former Suffolk District Attorney Timothy Sini, a Democrat whom Tierney defeated in November.

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