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.

 

 

 

1
Text Only
Courts
Featured Ads
Photos


Twitter Updates
Follow us on twitter
Front page
AP Video
Texas Scientists Study Ebola Virus Smartphone Powered Paper Plane Debuts at Airshow Southern Accent Reduction Class Cancelled in TN Raw: Deadly Landslide Hits Indian Village Obama Chides House GOP for Pursuing Lawsuit New Bill Aims to Curb Sexual Assault on Campus Russia Counts Cost of New US, EU Sanctions 3Doodler Bring 3-D Printing to Your Hand Six PA Cops Indicted for Robbing Drug Dealers Britain Testing Driverless Cars on Roadways Raw: Thousands Flocking to German Crop Circle At Least 20 Chikungunya Cases in New Jersey Raw: Obama Eats Ribs in Kansas City In Virginia, the Rise of a New Space Coast Raw: Otters Enjoy Water Slides at Japan Zoo NCAA Settles Head-injury Suit, Will Change Rules Raw: Amphibious Landing Practice in Hawaii Raw: Weapons Fire Hits UN School in Gaza Raw: Rocket Launches Into Space With Cargo Ship Broken Water Main Floods UCLA
Seasonal Content
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
AP Video
Texas Scientists Study Ebola Virus Smartphone Powered Paper Plane Debuts at Airshow Southern Accent Reduction Class Cancelled in TN Raw: Deadly Landslide Hits Indian Village Obama Chides House GOP for Pursuing Lawsuit New Bill Aims to Curb Sexual Assault on Campus Russia Counts Cost of New US, EU Sanctions 3Doodler Bring 3-D Printing to Your Hand Six PA Cops Indicted for Robbing Drug Dealers Britain Testing Driverless Cars on Roadways Raw: Thousands Flocking to German Crop Circle At Least 20 Chikungunya Cases in New Jersey Raw: Obama Eats Ribs in Kansas City In Virginia, the Rise of a New Space Coast Raw: Otters Enjoy Water Slides at Japan Zoo NCAA Settles Head-injury Suit, Will Change Rules Raw: Amphibious Landing Practice in Hawaii Raw: Weapons Fire Hits UN School in Gaza Raw: Rocket Launches Into Space With Cargo Ship Broken Water Main Floods UCLA
Seasonal Content
Helium debate
Helium
Section Teases

Seasonal Content
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.