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    STATE OF NEW YORK SUPREME COURT COUNTY OF RENSSELAER _______________________________________________________________________ _

    PEOPLE OF THE STATE OF NEW YORK Affirmation in Support of Motionsfor Disqualification of Special

    - against - District Attorney, Dismissal of Indictment, Release of Grand Jury

    EDWARD McDONOUGH, and, Minutes, Appointment of SpecialMICHAEL LoPORTO, District Attorney and Other Relief.

    Defendants._______________________________________________________________________ _

    Brian D. Premo, an attorney duly licensed to practice law in the courts of NewYork, under the penalties of perjury, affirms and states as follows:

    RELIEF REQUESTED

    1. I represent defendant Edward McDonough, one of only two (2)publicly disclosed targets of a presentation by Special DistrictAttorney, Y. Curtis Smith, Esq. (SDA) before a Rensselaer Co.Supreme Court Grand Jury (GJ) impaneled by Patrick J.McGrath, S.C.J., who are now indicted regarding this matter.

    2. This affirmation is submitted in support of defendantMcDonoughs Motions for Orders of the Court: (1) Disqualifyingthe SDA upon the basis of an actual conflict of interests as well asthe speculation of politics and appearance of impropriety that havesubstantially prejudiced his rights to due process and a fair trial aswell as the fact that the conduct of the SDA in the investigationand prosecution of the matter will be a material issue at trial; (2)Dismissing the Indictment upon the basis that the misconduct of the SDA in the investigation and prosecution of the matter hassubstantially impaired his rights to due process and a fair trial; (3)Dismissing the Indictment on the basis that the actual or impliedbias and prejudice of the GJ jurors and/or panel has deprived himof due process; (4) Directing the Release of the GJ Minutes; (5)Appointing a Special District Attorney with expanded authority toinvestigate the matter and past similar incidents of voter fraudand/or forgery; and, granting such further or other relief as theCourt deems just and proper. In the alternative, the defendantrequests that the Court conduct a hearing as required or appropriate

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    in the determination of any motion, upon sufficient notice toreasonably allow for the production of witnesses and other evidence.

    3. This affirmation is made upon information and belief, the sources

    and grounds of which are the papers and documents related to thecase disclosed by the SDA, including witness statements; thesupporting affidavit of McDonough; documents obtained from theRensselaer County Board of Elections (BOE); the paperscontained within the file maintained regarding this matter; andpersonal conversations had with McDonough, the SDA and/or others; and upon personal knowledge, where so stated.

    NATURE OF CASE

    4. This case concerns the actions of certain Democrat candidates for Troy City Council and their Democrat and Working Families Party

    (WFP) workers who allegedly targeted public housing voters andfraudulently obtained and/or falsely completed their applicationsfor absentee ballots (AAB) and/or later forged and/or filed their forged absentee ballots (AB). The alleged crimes were committedfor the purpose of casting forged AB votes for said Democratcandidates in the September 2009 WFP primary election.Unfortunately, the prosecution appears to be more about thepersonal interests of the SDA and politics than personalresponsibility and the interests of criminal justice.

    INTRODUCTION AND SUMMARY

    5. After purportedly conducting a criminal investigation for over one(1) year, Democrat Special District Attorney Trey Smith (SDA)recently obtained an Indictment against only Edward McDonough,the Democrat Rensselaer County Board of Elections (BOE)Commissioner, and, Michael LoPorto, a Democrat Troy CityCouncil incumbent, for what he publicly called a case of massivefraud perpetrated on the citizens of Rensselaer County . In hispress statement, the SDA also declared that the matter wasclouded when the investigation began but a good measure of clarity has been brought to the facts by the hard work,diligence and patience of many .

    6. It is the height of irony that the true facts, unclouded by thepretense of words, clearly show that no proper investigation hasbeen conducted but rather that the SDA worked hard and withpatient diligently to prosecute only two chosen political scapegoatswhile those Democrat incumbents, party workers and/or otherswho perpetrated the alleged massive fraud are allowed to remain

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    outside the acceptance or judicial imposition of criminalresponsibility.

    7. In truth, McDonough merely assisted certain Democrat candidatesand party workers in filing ostensibly valid AAB and obtaining AB

    to be delivered to voters. He never knew that any informationentered on any AAB was false or that any AB filed by anyone wasforged. He did not participate in any election campaign. He didnot obtain, forge or file any AAB or AB, knowingly possess anyforged document or have a personal interest in any of the primaryelections the BOE was administering at the time.

    8. Nonetheless, the SDA obtained the Indictment against McDonoughalleging that he forged almost forty (38) AAB, most of which henever handled, and knowingly possessed more than thirty (36)forged AAB/AB. LoPorto, who obtained certain of the subject

    AAB and is seen by many as a controversial and marginalizedfigure in the Rensselaer County Democrat Party, is joined in theIndictment, albeit improperly.

    9. Most significantly, the SDA recently implicitly admitted to theCourt that no other Democrat incumbent or party worker implicated by the substantial testimonial and documentaryevidence as having been involved in numerous acts of allegedvoter fraud and forgery of AAB/AB, will be prosecuted, i.e.:William McInerney, the Democrat Partys most diligent andvalued worker who gave the warning that he will not go downalone if prosecuted and is a friend of the District Attorney, whomhe helped win election and has had some involvement with thecase after being disqualified; Kevin McGrath, the Troy CityCouncil incumbent who was given the benefit of a CooperationAgreement in return for a statement incriminating McDonough andexonerating himself in contradiction of the substantial irrefutableevidence and is the brother of a well-known, highly respectedDemocrat Rensselaer County Supreme Court Justice before whomthe SDA has and will likely practice; John Brown, a Troy CityCouncil incumbent who happens to be a Democrat Party stalwartpositioned for future office and political leadership; ThomasAldrich, Anthony DeFiglio, Brant Caird and James Welch, theDemocrat and WFP workers who assisted the Democrat candidatesin obtaining the AAB; and Sara Couch, the WFP activist whodelivered certain forged AB to the BOE.

    10. In short, the relevant facts and irrefutable evidence establish thatthe SDA has apparently for conflicting personal interests andpolitical reasons brought this prosecution against McDonough (and

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    LoPorto) instead of the Democrat Troy Council incumbents and/or party workers implicated by substantial credible evidence in thealleged crimes.

    11. Consequently, what should have been a very simple investigation

    and prosecution of those responsible for the alleged crimes hasbecome perhaps the most blatant and complex case of politicalprosecutions in recent Rensselaer County history.

    12. In that regard, although it takes but few words to tell the truth, ittakes much effort to unmask the facts when obfuscated bypretense. Thus, despite the SDAs oft repeated spontaneousdeclarations: I have no political ambition, I went where theevidence took me and I will treat McDonough fairly , it will beseen that the facts belie those words.

    13. It is within this context, and, with the singular purpose of defending McDonough against a baseless political prosecution thatthe facts must be discussed at length. It must also be noted that theidentities of those allegedly involved in the matter are discussed asnecessary because they have been previously publicly disclosedthrough extensive prosecution biased media coverage caused byothers before and after Indictment.

    14. It is upon those facts that McDonough moves for removal of theSDA, dismissal of the Indictment and appointment of a specialprosecutor with authority to properly investigate the subject andpast similar incidents of massive voter fraud.

    RELATED FACTS

    I. Private Investigation & Action to Void AB Cast for Democrats:Substantial Testimonial and Documentary Evidence Incriminating DemocratIncumbents and Party Workers.

    A. Lambertsen Petition Alleging Fraud re AB Cast for Democrats15. On September 23, 2009, by Petition and Order to Show Cause,

    WFP member Christian Lambertsen brought action to prohibit thecounting of certain AB purportedly cast in the WFP September 15,2009 primary for several Democrat candidates for The City of Troy Council, including now incumbents Kevin McGrath , JohnF. Brown , Clement Campana and Michael LoPorto . A copy of the Order to Show Cause is attached as Exhibit 1.

    16. That action was based on the allegations of voter fraud in theLambertsen Petition and supporting affidavit of Robert Mirch,

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    copies of which are attached as Exhibit 2 and Exhibit 3,respectively.

    17. Lambertsen alleged that there are substantial irregularities in

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