COURTS: Judge rejects Anello request

Courts

July 29, 2009

Recommendations that move to dismiss public corruption charges against former mayor be denied

Anonymous The Niagara Gazette Wed Jul 29, 2009, 10:21 PM EDT

A U.S. Magistrate judge is recommending to deny a move by former Falls Mayor Vince Anello to dismiss a four-count indictment, that charges he engaged in conspiracy and public corruption.

In a report and recommendation released Wednesday, Judge Jeremiah McCarthy recommends the denial of Anello’s requests to dismiss the charges against him on constitutional grounds. He also rejects arguments that prosecutors failed to properly lay out their case against the former mayor in the indictment.

Anello is charged with single felony counts of conspiracy and obstruction and two counts of scheme to deprive honest services. The charges stem from Anello’s dealings with Tuscarora businessman and developer Joseph Anderson.

Joel Daniels, Anello’s lead lawyer in the case, said McCarthy’s recommendation to U.S. District Court Judge William Skretny, who will try the case, “were not unanticipated.”

“We will file objections and argue the issues before Judge Skretny now,” Daniels said.

The defense team has 10 days to file its objections and request a hearing with Skretny.

Daniels’ motions had contended the charges against Anello should be dismissed because prosecutors failed to show the former mayor broke the law in laying out their case in the indictment.

Prosecutors said they didn’t have to prove anything until Anello faces a jury.

The government lawyers contend that three 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. Anderson has already pleaded guilty to a single count of scheme to deprive, in a deal with prosecutors that requires him to testify against Anello, if the mayor’s case goes to trial.

“We think it is the government’s obligation (in the indictment) to tell us about what they’re gonna prove,” Daniels told McCarthy during oral arguments in late June. “(Prosecutors) suggest you can infer (a crime). We don’t think that cuts it. You can’t substitute guess work for proof.”

McCarthy, however, agreed with Assistant U.S. Attorney Paul Campana, who said he doesn’t have to prove anything until and unless a case goes to trial.

Much of the government’s case hinges on Anello’s failure to disclose the Anderson loans prior to urging the City Council to award a no-bid contractor to the developer for the city’s East Pedestrian Mall. Campana said Anello took the loans “with the understanding that (Anello) would make Mr. Anderson an inside player.”

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