Courts
COURTS: Judge rejects Anello request
Recommendations that move to dismiss public corruption charges against former mayor be denied
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.”
- Courts
-
-
Prison for former Falls mayor Vince Anello
Former Falls Mayor Vince Anello stood in U.S. District Court in Buffalo on Thursday and answered Chief District Court Judge William Skretny’s question in a clear and firm voice.
-
City Grill suspect hit with top murder counts
A grand jury indicted a high school dropout on upgraded charges of first-degree murder Wednesday in three of four fatal shootings outside a downtown Buffalo bar.
Riccardo McCray, 23, is accused of opening fire on a crowd outside the City Grill early on Aug. 14, killing a Texas man who was celebrating his one-year wedding anniversary and three guests, two of them women. -
Suspect in City Grill shooting has bail set at $500K
An Erie County judge set bail at $500,000 for the 23-year-old man accused of killing four people and wounding four others outside downtown Buffalo’s City Grill early on Aug. 14.
-
Allen trial staying put — for now
State Supreme Court Appellate Judge Eugene Fahey denied a defense motion for a change of venue in the trial of accused murderer Anthony J. Allen on Monday. Jury selection will resume in Niagara County Court on Wednesday, according to published reports.
-
Porter home invasion suspect has now violated parole twice
The parolee arrested after invading a Porter family’s home and holding them hostage with a knife earlier this month pleaded not guilty to the charges Wednesday afternoon in Niagara County Court.
-
Defense wants murder trial moved
The trial against a Rochester teen accused of bludgeoning a 24-year-old youth counselor to death last spring could be moved out of Niagara County due to high media publicity.
-
Falls man sold coke in NT bar
A Niagara Falls man will serve three years on probation for selling cocaine out of a North Tonawanda bar.
-
Coluccis get out of jail
Just days after Niagara County Court Judge Sara Sheldon Sperrazza denied a request for the release or a decrease in bail for Nicole Colucci, both she and her husband, Randy Colucci Sr., were bailed out of Niagara County Jail on Monday.
-
Plea offered in Cadille Post robbery — if restitution can be made
Prosecutors have offered a plea deal to the man accused of robbing a Falls American Legion Post on the Fourth of July.
-
Pregnancy won’t get mom out
A mother, charged in the death of one of her children, will not be released from jail to give birth.
- More Courts Headlines
-
Prison for former Falls mayor Vince Anello
