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#1489502 --- 09/11/16 11:22 AM Galvin charged with forgery in Yates Judge race
newsman38 Offline
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Registered: 03/21/01
Posts: 4906
Loc: Fourth Estate
Former trustee, legislator, charged with forgery.

A former village trustee and Yates County legislator has been charged after an investigation into election petition signatures.

Patrick J. Galvin, 55, of Penn Yan was charged Friday with two counts of second-degree criminal possession of a forged instrument (class D felony).

State Police said their investigation goes back to July 5, when county district attorney Valerie Gardner told them she believed forgeries had been committed by a person collecting signatures for her campaign for county judge....

Galvin was arraigned in Starkey Town Court and released on his own recognizance.

by Mike Hubbard
Finger Lakes Times
09/11/16

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#1493613 --- 12/27/16 07:01 PM Re: Galvin charged with forgery in Yates Judge race [Re: newsman38]
newsman38 Offline
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Registered: 03/21/01
Posts: 4906
Loc: Fourth Estate
Galvin withdraws plea offer; case heads to Grand Jury: Galvin appeared before Judge Dennis Bender in Yates County Court Dec. 22 and withdrew the offer after learning of the judge's planned sentence. The case will now be presented to a grand jury, according to Special Prosecutor Joseph L. Lucchesi of Seneca County.

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#1493616 --- 12/28/16 08:35 AM Re: Galvin charged with forgery in Yates Judge race [Re: newsman38]
Mean Gene Offline
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Registered: 08/10/09
Posts: 2781
Loc: Yates County
I believe a misdemeanor plea should have been offered in this case. He has no prior criminal history and his intent was not to cause harm to anyone.

Obviously the end result harmed Ms. Gardner, especially after Mr. Cook made the ridiculous insinuation that she may have had some knowledge of what Mr.Galvin did.

The public shaming of Mr. Galvin that occurred and a misdemeanor plea would be sufficent in this case.
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"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1493619 --- 12/28/16 10:36 AM Re: Galvin charged with forgery in Yates Judge race [Re: newsman38]
py.eternal.cynic Offline
Member

Registered: 12/05/12
Posts: 198
Loc: inside looking out
1. How do you know what his intent was?
2. Obviously he was hurting the people in the election process by forging their names and effectively falsifying legal documents.
3. He hurt the whole election process by bringing scandal where none should have been.
4. He effectively tarnished the current district attorneys office and caused the removal of three party lines no matter if she knew or not.
I don't understand the point of your statement here.

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#1493625 --- 12/28/16 04:31 PM Re: Galvin charged with forgery in Yates Judge race [Re: py.eternal.cynic]
Mean Gene Offline
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Registered: 08/10/09
Posts: 2781
Loc: Yates County
Originally Posted By: py.eternal.cynic
1. How do you know what his intent was?
2. Obviously he was hurting the people in the election process by forging their names and effectively falsifying legal documents.
3. He hurt the whole election process by bringing scandal where none should have been.
4. He effectively tarnished the current district attorneys office and caused the removal of three party lines no matter if she knew or not.
I don't understand the point of your statement here.




I have known Pat for many years. I spoke to him after he was arrested. I know he feels terrible. I also didn't mention he lost his job also as a result of his actions. He is a good person who made a serious error in judgment, thinking he was helping Ms. Gardner.

He didn't hurt any of the several people who's names he forged on the primary petition. They would have not even known it happened if not noticed by Mr. Conlon.

I agree with point three, he created scandal where none should have been. IMHO it didn't affect the eventual outcome. The winner was evident to me once there were three candidates. I knew that Mr. Conlon and Ms. Gardner would split the majority of the votes while Mr. Cook would keep his Republican base support and win with a minority of the votes cast. The republican establishment was out for blood after Ms. Gardner beat Mr. Cook, their nominee in the last D.A. race.

In some peoples minds he tarnished Ms. Gardner and her office. it certainly was unfortunate and could have been a factor if it was a two person race. I am sure it cost her some votes.

My point is Mr. Galvin, who I have known for years is a good person. He retired from the Coast Guard and has no previous criminal history. I have seen the plea bargin process take place for many years. Losing his job, public shaming and pleading to a misdemeanor along with some public service and paying a fine are punishment enough. I see no reason to hang a felony on him.
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1493636 --- 12/29/16 09:55 AM Re: Galvin charged with forgery in Yates Judge race [Re: McLovin']
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2781
Loc: Yates County
Originally Posted By: McLovin'
There are so many ethical problems with your statement, but I'll begin with the obvious. Lady Justice wears a blindfold for a reason. There are no "good" people. There are no "bad" people. Just because you know him, and like him, would have deemed him to be above the law.

I know Pat Galvin. I like Pat Galvin. But I hope they would throw the book at him. If he is found guilty with no court penalty then any person passing candidates' petitions would expect to be able to forge a signature, or two, or twenty two and, in your eyes that is just fine.

You are saying that the results of the election didn't change by Galvin's action, so he should go free. The results doesn't matter. He violated the rights of 22 Yates County residents. As a nation we are losing our respect for politicians, and what Galvin did just confirms those feelings. If he gets off free that's another reason to people to continue to shake their heads.

Why does he want to take this case to court? My bet is he feels that with our DA's record he has a good chance of winning his case. This is a class D non-violent felony. If he loses he'll get no jail time, and only from 1 to 7 years of probation. He will probably 1 year probation.

Your statement tells us a lot about you, Mr. Mitchell.





Mclovin give me a break! Where in my statement does it say that Mr. Galvin should be treated like he is above the law with no penalty? I indicated clearly I thought hanging a felony on him was harsher than the special prosecutor needed to do.

From your statement you don't understand that the current D.A. is not handling the case, a special prosecutor is. Ms. Gardner is a "victim" in this case, that is why she requested a special prosecutor be assigned. Her office has no input in the disposition of the case.

I never said he "should go free". I was involved in the system for 36 years. I was asked occasionally by district attorney's for feedback on cases I sent to their office regarding how they were thinking about disposing of a case.

If you think the public shaming, plea to a misdemeanor, a fine and community service along with losing a job is letting him off to easy you obviously have not been involved in the criminal justice system.
If he had an extensive prior criminal history I would agree that it should stay a felony. That usually plays a large part in plea considerations!

A lot of the people I to arrested were more concerned if their name would be in the paper, rather than the actual arrest!
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1493661 --- 12/29/16 12:34 PM Re: Galvin charged with forgery in Yates Judge race [Re: newsman38]
McLovin' Offline
Senior Member

Registered: 05/02/09
Posts: 1263
Loc: In the land of freedom
Gene when you said, "I see no reason to hang a felony on him" you are saying that the court should not assess a penalty on him--to me that means to "go free". Being fired was decided by his boss, not the court. That has nothing to do with the Court.

Obviously the special prosecutor feels that a person with Galvin's background (a former Village Trustee and County Legislator, a Notary Public, someone who has past many petitions, a Republican Committee member, and an officer in the local Tea Party) knew what he was doing when he lied on the petitions, and that shows great disregard for the law.

By turning down the plea deal, he will require a grand jury and a trial. I hope they throw the book at him.
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#1493665 --- 12/29/16 01:03 PM Re: Galvin charged with forgery in Yates Judge race [Re: McLovin']
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2781
Loc: Yates County
Originally Posted By: McLovin'
Gene when you said, "I see no reason to hang a felony on him" you are saying that the court should not assess a penalty on him--to me that means to "go free". Being fired was decided by his boss, not the court. That has nothing to do with the Court.

Obviously the special prosecutor feels that a person with Galvin's background (a former Village Trustee and County Legislator, a Notary Public, someone who has past many petitions, a Republican Committee member, and an officer in the local Tea Party) knew what he was doing when he lied on the petitions, and that shows great disregard for the law.

By turning down the plea deal, he will require a grand jury and a trial. I hope they throw the book at him.





Your interpretation is lacking any basis in fact. I clearly stated he should be allowed to plead to a misdemeanor in every post on this subject along with the same punishments as the judge indicated. From all the plea deals I have witnessed over the years it would be clearly appropriate to do so.
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1493802 --- 01/02/17 02:20 PM Re: Galvin charged with forgery in Yates Judge race [Re: Mean Gene]
Ogadai Offline
Member

Registered: 04/17/08
Posts: 105
Loc: LaLa Land
Gene, I agree with you. By the end of this he will have suffered considerably even if he is allowed to plead to a misdemeanor.

McLovin', there is a heck of a difference between being controversial and contradictory. You are arguing here just for the sake of arguing, rather than from any morally or socially beneficial point of view. Try reading what Gene says BEFORE you argue. A misdemeanor conviction is conviction of a crime, greater than an infraction, with a penalty of up to a year in jail while a Felony is usually conviction of a crime with a potential sentence of more than one year. Felonies also carry further ongoing penalties. Do you really believe a first-time offender like Pat should suffer more than a year in jail, plus ongoing punishments (such as loss of voting rights and firearms restrictions for life), plus loss of employment plus loss of reputation? Could there be any mitigating circumstances which you are aware or unaware of that might reduce the severity of the crime in your eyes? Might this being a first-time offense of a formerly responsible member of the community and a CG veteran be mitigating?

Gene didn't say anything other than, that in his opinion, he felt a Misdemeanor plea would have been adequate rather than a Felony charge. For a first time offense without physical harm to others, this does seem reasonable when combined with the other effects?

If you want hanging and flogging brought back for first time offenses, beware lest you: a) get what you ask for; and b) then get stopped for some minor offense like jaywalking.

We have seen many lenient charges for more serious events. The current system does seem to have poorly designed incentives and perhaps decisions like this might better be conducted with more judgmental advice?

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