The attorney for former Brockport Mayor Connie Castañeda says he and his client are considering their options following Castañeda’s sentencing for code violations October 22 in Ogden Justice Court.
Donald Thompson told the Suburban News and Hamlin-Clarkson Herald he and his client may appeal and continue to maintain that the village codes are unconstitutional. “We have time to make a decision,” he said.
Ogden Town Justice David Murante sentenced Castañeda to pay $1,100 in fines (the maximum) and to complete 150 hours of community service work.
“If I could fine you more, I would,” Judge Murante told Castañeda during the sentencing. “I am constrained.”
Castañeda was accused of renting out an unregistered, illegal apartment in her home from 2010-2011. She had faced misdemeanor charges of official misconduct but those criminal charges were dropped by Judge Murante in June because of insufficient evidence.
He noted Castañeda could have faced counts for each day of the 14 months she illegally rented the apartment in her home in the village instead of the five counts she was convicted of during a jury trial in August. He reminded her that although he felt it was not appropriate in this case, he could have sentenced her to six months in jail.
“You should apologize to the residents of the Village of Brockport,” Judge Murante told Castañeda. She did not speak before the sentence was handed down.
He told the former mayor she had no right as a citizen to violate the law, even though she disagreed with it and because the violations occurred while she was mayor she had an even “… higher responsibility to obey the law.”
Assistant Monroe County District Attorney Mark Monaghan, who prosecuted the case, argued before the sentence was handed down that the maximum fines should be imposed and that Castañeda should be sentenced to ten work weekends in addition to the fines.
“She should feel ashamed and embarrassed,” Monaghan said and called on Judge Murante to punish Castañeda, even though he said he felt the sentence would not change her mindset.
Castañeda’s attorney Donald Thompson argued that his client’s actions constituted civil disobedience because she disagrees with the constitutionality of the code. He told Judge Murante the “… penalty should be less than the maximum.”
Following the sentencing, Thompson remarked that during the case, Judge Murante rejected the argument that the code violation charges should be dropped because they are unconstitutional; however “… we can have another court review that,” he said.
10/27/13
