Published: May 20, 2008 02:19 pm            

TUESDAY: Parenti case heads to NT (2:18 p.m.)

COURTS: Driving while impaired case shifted by County Court judge

A Niagara County Court judge has ordered former State Assembly candidate and Democratic party activist Gary Parenti’s impaired driving case moved from Niagara Falls to North Tonawanda City Court.

Judge Sara Sheldon Sperrazza sent the case into a new court after all the Niagara Falls City Court judges removed themselves from the case, citing the potential for an “appearance of impropriety.”

Parenti’s defense attorney, James Faso, said he received the order from Sperrazza on Monday. Faso said he has not been told which of the two North Tonawanda City Court judges would be assigned to the case or when a new pre-trial hearing would be scheduled.

City Court Judge Angelo Morinello started the process that led to the transfer of the case, when he removed himself from handling the matter during a hearing on April 30. Morinello said he was concerned about an “appearance of impropriety” if he continued on the case.

“Mr. Parenti lives across the street from me,” Morinello announced from the bench, “and I believe (continuing to handle his case) would create the appearance of a conflict.”

Chief City Court Judge Mark Violante and Judge Robert Merino then joined Morinello in declining to handle the matter. Both cited the possibility of an appearance of a conflict of interest.

Parenti, 42, 955 Harrison Ave., faces charges of driving while ability impaired by alcohol, third-degree aggravated unlicensed operation of a motor vehicle and passing a red light. He has pleaded not guilty to the charges and is free on his own recognizance.

Parenti was stopped at 2 a.m. March 23 by Falls Police Roving Anti-Crime Unit officers. The officers said Parenti drove his Ford Explorer through a red light at 19th Street and Pine Avenue, honking his horn as he went through the intersection.

When officers pulled him over at 19th and Falls streets, Parenti had a known gang member and drug user in the passenger seat of his SUV, smelled of alcohol, had glassy eyes and was slurring his speech. Parenti told the cops he had four beers before driving, though he later claimed to have had six glasses of wine.

Officers had both Parenti and his passenger, identified as David Allen Glenn, step out of the SUV. While Glenn was questioned, Parenti was asked to perform several field sobriety tests.

Police said Parenti passed an alphabet test, but failed finger to nose and walk and turn tests.

When he was asked to perform a one leg stand test officers said Parenti “gave up” and said, “I can’t do these tests. Do what you have to do.”

Glenn told police he was in the car with Parenti because the well known political operative, who had been working on the presidential campaign of Hillary Rodham Clinton, had paid him $2 in change to “find some hookers.” The area of 19th Street, between Niagara and Falls streets, where Parenti’s vehicle was stopped, is known to be frequented by prostitutes.

Parenti registered a blood alcohol content of .07 percent on a Breathalyzer test. The legal limit for driving while intoxicated in New York state is 0.08 percent.

The driving while impaired and passing a red light charge are traffic violations that could result in fines if Parenti is found guilty of them. The aggravated unlicensed operation charge is a misdemeanor that carries a fine and a possible 30 day jail term.

The misdemeanor charge is the result of Parenti’s driver’s license being suspended for his failure to appear on a traffic charge in Grand Island Town Court.

Contact reporter Rick Pfeifferat 282-2311, ext. 2252.

        

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