Lockport Union-Sun & Journal Online

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October 12, 2012

Second trial averted by McFall plea deal


Lockport Union-Sun & Journal — McFall was found guilty of the building code charge in a non-jury trial conducted by DiMillo this past May. DiMillo then sentenced him to seven months in jail, but was forced to reverse himself — and throw out McFall’s conviction — after Wilson successfully argued McFall should have been offered a jury trial on the charge, considering the stiffness of the penalty upon conviction.

The new settlement between McFall and the city was approved by the Common Council, City Attorney John Ottaviano said Thursday. The Council met in executive session Wednesday to discuss parameters including down and monthly payments, and authorized Ottaviano making a deal that holds McFall liable for past-due taxes in full, he said.

Going forward, Ottaviano added, the city will consider 316 Willow’s new owner of record, West Avenue resident Eddie Person, to be liable for any code violations on the property.

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