COURTS: Council members called to testify in Anello trial

Courts

March 9, 2010

By Rick Forgione The Niagara Gazette Tue Mar 09, 2010, 11:17 PM EST

Current and former members of the Niagara Falls City Council have been notified that they will be called to testify in the upcoming public corruption trial of former Mayor Vince Anello.

The notifications were mailed last week by federal prosecutors and are part of the run-up to jury selection in Anello’s case. Jury selection is scheduled to begin June 8 for Anello’s trial on conspiracy, obstruction and failure to provide honest services charges.

At least one councilman, Robert Anderson, said the letter was no surprise. Anderson said he expected to be called and was prepared to testify.

Anello is currently due back in federal court in Buffalo on April 15 for a hearing on efforts by his defense team to have the honest services charges he faces thrown out. The federal statute has been the subject of three cases before the U.S.. Supreme Court this year and a ruling on the constitutionality of the law is expected soon.

Both prosecutors and Anello’s lawyers have admitted plans for the trial could change if the Supreme Court declares the honest services law unconstitutional.

Chief U.S. District Court Judge William Skretny has expressed some reservation about going forward with Anello’s case until the Supreme Court rules.

“We were hoping for a trial in June, anticipating a Supreme Court ruling by then,” Assistant United States Attorney Paul Campana said.

Campana and Anello’s lead defense lawyer Joel Daniels have said they expect a trial would last about three weeks. Both sides have also said if the honest services charges are eliminated by a Supreme court ruling, the trial would be quicker.

Anello is charged with single felony counts of conspiracy and obstruction and four counts of scheme to deprive honest services. The charges stem from his dealings with Tuscarora businessman and developer Joseph “Smokin Joe” Anderson and three “loans” that Anello received from him.

Prosecutors contend that the “loans” Anello received from Anderson, totaling $40,000, deprived “the city of the intangible right of the honest services of a public official” because he took the loans while Anderson was doing business with the city and failed to disclose the loans as required by the city’s Ethics Law.

The former mayor has claimed the checks from Anderson represented “interest-free loans” to his electrical contracting business. Prosecutors charge that Anderson gave Anello the “loans” so he could become “a player” in development projects in the Falls.

Anderson has pleaded guilty to a single count of scheme to deprive and is currently free on his own recognizance. Skretny has delayed sentencing for Anderson because he is co-operating with federal prosecutors.

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