Lockport Union-Sun & Journal Online

Courts

January 22, 2013

Mongielo asks for dismissal

Lockport Union-Sun & Journal — Dave Mongielo, who faces a 15-day jail sentence for violating a Town of Lockport sign ordinance, had another night in court Tuesday and is due to be back in court on Feb. 19.

As dozens of residents awaited traffic rulings, the owner of Mongielo’s Auto Specialties debated judge Raymond E. Shilling Sr. for about 10 minutes before the town justice said, “I’m not going to argue anymore about the Constitution. Thank you.”

Shilling said earlier, “You are challenging the authority of the court. Right now, you are released on your own recognizance.”

The case has gone on since 2009 and Mongielo has prepared pages of arguments. The latest, dated Jan. 22, 2013, said, “From 2009 to present I have seen multiple ethical and legal violations in the Town of Lockport Court. I do see New York State has rules and the Constitution that protect the people’s rights, but who and what protects ones rights?”

Mongielo offered “proof of conflict of interest” and listed 10 allegations.

Town Prosecutor Brad Marble, who took the case in 2009, concluded, “He’s so entrenched in what he believes is the way it is, but it is not the way it is. You can see in his eyes and face that he believes this to his core, but it’s just not the way the law is. It’s not the way the law is written and we all have to abide by the law... While he may disagree with the rules and believes they don’t exist in his own mind, they do.”

Mongielo made a motion to dismiss the case in his defense documents, which he refers to as a “motion to quash.”

”He thinks it should be argued now, but the people have a right to respond,” Marble said. The court was adjourned in order to give the court time to reply to Mongielo’s motion.

Mable expects a to reply in two weeks and a oral arguments are schedule on Feb. 19.

 

 

 

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