TROY – Rensselaer County District Attorney Joel Abelove’s lawyer will be paid for his legal work in the unsuccessful attempt to end the state attorney general’s ability to take over cases from  local district attorney offices involving an unarmed civilian being killed by a police officer

The Rensselaer County Legislature unanimously approved without comment Tuesday night appropriation changes of $22,800 requested by Abelove in his 2017 department budget.  This allows  Abelove’s attorney John W. Bailey to be paid $22,799 from the litigation expense fund which previously was budgeted at $500.

The payment comes as Abelove is under indictment for two misdemeanor counts of official misconduct and one felony count of first-degree perjury for his handling of a fatal April 2016 Troy police shooting.  Abelove’s actions were investigated by a special grand jury convened at the request of state Attorney General Eric Schneiderman’s office.

This is the first time the County Legislature has approved Abelove’s spending department funds on his legal cases related to the fatal April 2016 shooting of Edson Thevenin by Troy police Sgt. Randall French during a DWI traffic stop.

The legal bill submitted by Bailey’s law firm — Bailey, Johnson, DeLeonardis and Peck of Albany — deal only with the challenge to the executive order signed by Gov. Andrew Cuomo granting the state attorney general authority in fatal shootings by police officers.  The 13-page breakdown of work by Bailey began on Feb. 1  and ended  Sept. 15. The bill shows 118.9 hours billed at $185 per hour plus incidental expenses.

In September, the county legislators rejected an attempt by Abelove to get approval for budget transfers amounting to $50,000 to pay Bailey. Itemized bills were not presented to the legislators.

Abelove testified in October before the special grand jury.

The county's insurance provider, Continental Casualty Co., said earlier this year it would pay up to $100,000 for Abelove’s legal bills if the attorney general's investigation determined he did not break the law.