By Rick Pfeiffer
Niagara Gazette
NIAGARA FALLS —
A former Falls pastor has a new, publicly paid lawyer and his alleged violation of probation will be handled by a veteran Erie County prosecutor.
Public Defender Michael Bennett appeared in Niagara County Court Wednesday morning to confirm that he will be representing Peter DelRio. At the same time, Assistant Erie County District Attorney Michelle Cianciosa will take over the case as a special prosecutor.
Cianciosa’s appointment, approved by County Court Judge Sara Sheldon Sperrazza, was necessary because Niagara County District Attorney Michael Violante represented DelRio in the early stages of his criminal case in mid-2007. County Court Judge Matthew J. Murphy III was the DA at the time.
DelRio, who was the pastor of the now-closed St. Paul’s United Methodist Church on Seventh Street, is charged with violating a term of probation for failing to make restitution to his former Cataract City congregation.
He was sentenced in December 2007 to six months in jail, five years probation and a restitution payment of $44,381 for his guilty plea to a charges of fourth-degree grand larceny and one count of first-degree falsifying business records. The plea was part of a deal with prosecutors that spared DelRio a possible prison term of 11⁄3 to 4 years.
DelRio, formerly of Wyoming Avenue in the Falls, denied the violation of probation again on Wednesday.
Sperrazza set a hearing of April 1 on the charge. Bennett told the judge he will meet with Cianciosa to see if the matter can be “worked out” before that date.
DelRio, who is currently free on his own recognizance, was originally charged with six counts of third-degree grand larceny and two counts of first-degree falsifying a business record after he was indicted by a Niagara County grand jury.
The former cleric admitted that he took funds from his church “without going through proper channels.” Specifically, he was accused of using a church debit card, credit card and checking account to access parish funds.
Prosecutors said, at the time of his indictment, that DelRio purchased an engagement ring for his wife using a church credit card and paid off a car loan with parish money.
St. Paul’s parish has since closed and the building is now used by another congregation. DelRio has surrendered his clergy orders to the bishop of the United Methodist Church.
In September 2008, DelRio claimed in court that he was having trouble paying the restitution because he couldn’t access money from his pension fund. At that time, prosecutors told DelRio to “get a job and set up a payment schedule.”
