by Kristina Gabalski
Attorneys in the case against Brockport Mayor Connie Castaneda have until February 12 to submit additional responses to Ogden Town Justice David A. Murante regarding legal issues raised by the case.
Mayor Castaneda appeared in Ogden Town Court Tuesday, December 18 with her attorney, Donald Thompson. Thompson and Assistant Monroe County D.A. Mark Monaghan discussed their interpretation of village statutes with Judge Murante as they continue to work through the motions/arguments phase of the case.
The mayor has pleaded not guilty to 14 counts of official misconduct and two counts of falsifying business records stemming from the alleged illegal rental of rooms at her property located at 332 Main Street. She is accused of violating village zoning and building codes and the property maintenance code of the State of New York.
Judge Murante asked Monaghan if any violation of the law by the mayor can be considered official misconduct.
“Yes,” Monaghan replied, “any knowing violation.”
Judge Murante expressed some concern regarding what he called “the chilling effect of a prosecution of this nature,” which might prevent people from seeking public office. He questioned if animosity between a village executive and law enforcement might, “… endanger the independence of the executive.”
However, Judge Murante also noted, “… violators of zoning laws should pay the price. The mayor is not above the law.”
He pointed out concerns over criminal liability, stating the mayor made no effort to cover up any of the accusations against her.
Monaghan stated that perhaps the prosecution was more warranted in this case because the mayor was a trustee when the ordinance she is accused of violating was passed.
The judge and both attorneys discussed a provision in the village statute that calls for a notice of deficiency – giving offenders time to come into compliance with village laws – before charges are filed.
“There was no notice of deficiency provided” to the mayor before she was charged, defense attorney Donald Thompson told the judge.
Monaghan said there is discretion in the village statute allowing law enforcement to forego the notice and charge those not in compliance.
Judge Murante stated he feels village statutes are Constitutional, “but I’m having trouble getting my brain around this – how do you interpret?”
Thompson told the Suburban News and Hamlin-Clarkson Herald that Judge Murante will review responses by attorneys after the February 12 submission deadline and then make a decision on how the case will proceed.
