Lockport Union-Sun & Journal Online

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March 6, 2013

Judge to decide on Mongielo motion

(Continued)

Lockport Union-Sun & Journal — The condition for the discharge was that Mongielo could not break the sign law again. Nearly a year after the first conviction, Mongielo’s sign was videotaped advertising a fundraiser for an injured Niagara County Sheriff’s deputy during which the image changed every few seconds. 

But, Niagara County Judge Matthew Murphy’s ruled in October the second conviction had to be overturned and a new trial given. That was partially because Mongielo was representing himself and the court did not perform a “searching inquiry” to make sure Mongielo was aware of the implications.

Mongielo, representing himself Tuesday, was questioned by Schilling as part of the inquiry. But Mongielo did not answer the questions, saying the inquiry violated his right to defend himself.

“That is your opinion,” Schilling said.

Mongielo also renewed his request for a change in venue, citing a conflict of interest. Marble said all motions were supposed to have been filed at the same time.

Mongielo said Tuesday he has filed a complaint against the town and Schilling with the New York State Commission on Judicial Conduct. Mongielo asked Schilling to hold off on making a decision until the commission ruled.

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