Dentist gets 2 1/3 to 7 years for string of felonies

Feb. 07--CITY OF KINGSTON -- Calling Gilberto Nunez deceptive and manipulating, Ulster County Court Judge Don Williams sentenced the Kingston dentist to two-and-a-third to seven years in state prison Tuesday.

The sentence covers convictions on 12 felony counts spanning three separate trials last year, all of which followed the police investigation of the November 2011 death of Saugerties physical therapist Thomas Kolman.

After a years-long investigation into Kolman's death, Nunez was charged with murder, accused of killing Kolman by slipping him a sedative. Last year, a jury found Nunez innocent of second-degree murder, but convicted him on two other charges related to his use of fake CIA credentials. Nunez and Kolman's wife, Linda Kolman, were having an affair at the time

Nunez was later tried on two other indictments in Ulster County Court, on charges based on information investigators discovered during the homicide case. One case stemmed from accusations that Nunez lied on a pistol permit application and the other that he committed insurance fraud. Jurors found Nunez guilty on all counts in both cases.

On Tuesday, Maryellen Albanese, the Orange County special prosecutor handling Nunez's cases, asked Williams to give Nunez the maximum sentence, citing the prominent local dentist's "complete lack of remorse" and "sociopathic, narcissistic behavior."

"He is an accomplished master of deceit," Albanese said. "He is truly evil."

But Williams, interrupting Albanese, reminded her that the convictions Nunez faced were low-level, nonviolent felonies and that he was a first-time offender. Evan Lipton, Nunez's attorney, pointed to 130 letters written to the court by supporters of Nunez. Lipton said his client had been punished by having his life aired out for the world.

"I believe Mr. Nunez has been humbled by this experience," Lipton said.

Lipton argued that his client should get what the Ulster County probation department recommended: Six months in county jail and five years of probation.

But Williams said he was disturbed by many aspects of the case, including Nunez's calm demeanor during a videotaped six-hour interrogation by police.

"That eerie calm will never leave me," Williams said.

Williams also cited Nunez's claims of being a marine, even though he went AWOL soon after joining and how he impersonated his own mother to advance his relationship with Linda Kolman.

Nunez, who was being held in county jail since November, remained calm and showed no emotion throughout the sentencing. Family and friends sat behind him.

Another Nunez attorney, Gerald Shargel, said after the sentencing that his client will appeal and that Nunez was deeply disappointed.

"It was a very severe sentence, for the reasons the judge gave," Shargel said.

Albanese called the sentence fair and said despite the letters of support, Nunez's patients only knew one side of him.

Thomas Kolman's father, Thomas Kolman Sr., sat through Nunez's murder trial last year and returned for the sentencing. He noted that Nunez's sentencing Tuesday had "nothing to do" with his son, but said he still felt compelled to be there.

"I just wanted to see it to the end," the father said.

jnani@th-record.com

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