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#1504607 --- 09/10/17 07:41 PM DA Race: Porsch v Sapio
newsman38 Offline
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Registered: 03/21/01
Posts: 4906
Loc: Fourth Estate
SENECA COUNTY DA RACE: Joe Sapio / Barry Porsch Q-and-A

Introductions

PORSCH: Seneca County citizens deserve a hardworking, independent and honest District Attorney who is free from political influence. Bar owner/defense attorney Sapio was recruited by former Republican chairman Angelo Bianchi, who was convicted in 2007 of violating NY Election Law. Recently, Sapio filed a Working Families Party petition to run in that party’s primary, but a Supreme Court judge invalidated it because most of the signatures on the petition were illegally obtained by Bianchi in violation of NY Election Law. As DA, honesty and following the law matter. Citizens can be proud knowing that my DA Office serves them with integrity.

SAPIO: I have spent my entire legal career in the criminal justice system as an attorney and Town Justice. During that time, I have observed the procedures of the system from the police (arrest), to the District Attorney (prosecution) and concluded through the courts. The position of the District Attorney is unique in that he (or she) is the People’s principal official in the pursuit of the true goal of our system, which is to prosecute the guilty and protect the innocent. That is a broad but vital goal, necessary to the community, which I feel I am best qualified to accomplish.

• • •

FLT: Why are you running for DA?

PORSCH: When I ran in 2009, Seneca County had experienced a tremendous loss of confidence in the criminal justice system. Remember the scandals involving citizens being unfairly targeted? We restored honesty and integrity to the DA Office. This year, the same people who caused the loss of confidence are supporting Sapio.

SAPIO: I have practiced law in this community for 16 years and sat as Fayette Town Judge for the past 5 1⁄2 years. I feel my experience, dedication and relationship with law enforcement make me uniquely qualified to uphold the integrity and professionalism needed in this office.

FLT: What attributes of yours would make you the best DA?

PORSCH: Reasons include: Restored integrity to DA Office. Runs non-political office. Protects Taxpayers. Prosecutes drug dealers; works closely with undercover drug investigators from local/state police agencies. Performed 30 trials in 7½ years (2009 opponent did 7 trials in 7½ years). Is independent and not controlled by political bosses. Works/available 24/7.

SAPIO: When my opponent began this job, he had no courtroom experience, while I had eight years in the court. To date, I have double the exposure including 5 1⁄2 years as town justice. My success as a defense attorney provides the much-needed insight to secure convictions by the prosecution.

FLT: Why would your opponent not make as good a DA as you?

PORSCH: Sapio is a career defense attorney who has never worked as a prosecutor; instead he defends drug dealers, thugs, rapists, and murderers, and discredits crime victims. Doesn’t know how to do appeals. Meanwhile, it seems every day I get calls from voters upset by Sapio campaign lies about my record.

SAPIO: The test of a successful DA lies with statistics of cases involving a contested felony trial. My opponent’s personal felony conviction rate is under 40 percent, while his office is under 50 percent, with two recent not guilty verdicts including an Attempted Murder and Possession of 72 bags of heroin.

FLT: Most local DA offices, including Seneca County, have a reputation of being tough against DWI offenders. What are your thoughts on that?

PORSCH: We have a fair DWI policy that follows the law. I am number 3 of 62 counties in successful DWI prosecutions, keeping our roads safe. Bar owner/defense attorney Sapio would gut DWI enforcement. Four convicted drunk drivers are on his campaign team. DWI defense attorneys have contributed heavily to Sapio.

SAPIO: DWI is a problem in every community; it is in violation of law and requires vigorous prosecution. I feel that enhanced sentences are necessary for repeat offenders, which I will recommend in such cases.

FLT: Barry, what are some things in the current DA’’s office that you would like to continue?

PORSCH: Continue the hard work we have performed over the past 7½ years. My goal is to continue winning every appeal at the Appellate Division Court, having won 41 straight. Appeal work is integral to the office. Continue doing jury trials and running a non-political office while saving taxpayer money.

FLT: Joe, what are some things you would like to change about the DA’s office?

SAPIO: We must work as a team and be approachable. The DA’s job does not start and stop at prosecution. We need community effort, open communication and a willingness to work with agencies to get to the root of the cause, in hope of minimizing crime plaguing our county.

FLT: Joe has touched on the fact that he thinks there needs to be a stronger relationship between the DA’s office and the police agencies in Seneca County. Comment.

PORSCH: There already is a strong relationship. I meet regularly with police chiefs and officers. I carry two cell phones 24/7, except when in court or church. Nearly every night past midnight, I get calls from police officers. I personally meet with 3 to 8 police officers each day.

SAPIO: As town justice, I worked alongside law enforcement ,which opened lines of communication, mutual respect and greater efficiency. My opponent’s attendance at the Criminal Justice Advisory Board has been roughly 7 percent over the past five years. There needs to be a much greater teamwork effort to secure convictions.

FLT: What are you most proud or would you be most proud of in your experience as a prosecutor?

PORSCH: Bringing murderer Karl Karlsen to justice after 5 years. Convicting murderer Brian Karris. Bringing justice to the families of the two motorcyclists who were killed by Earl Wilson. An unprecedented 41 consecutive wins at the Appellate Division Court, unmatched by any other attorney. Convicting and removing a corrupt village judge.

SAPIO: My proudest moment as a prosecutor will be establishing law and order in our community while uniting this community in a joint effort to address the addictions that lead to crime in our society.

FLT: What are the top 2-3 most important issues that the Seneca County DA’s office needs to focus on?

PORSCH: 1. Immediate upcoming trials, including rape, DWI and kidnapping trials. 2. Enforcing the drug laws, recognizing that drug legalization is not the answer. I was endorsed by the State Police Investigators PBA, which includes drug investigators. 3. Keeping costs under control for taxpayers with the increase in crime.

SAPIO: Heroin Epidemic: We need education and cooperation between all agencies to ensure dealers face strict consequences and addicts receive necessary treatment. Domestic Violence: Improved cooperation with law enforcement and openness to input from victims and protecting their rights. DWI: Prosecution on a case-by-case basis with severe consequences for repeat offenders.

FLT: Why should someone vote for you in the Sept. 12 primary?

PORSCH: For all the reasons stated above. I have lived in Seneca County since 1974 and, as its highest law enforcement official, have an unprecedented success record for fighting crime across the board. I am staunchly committed to the safety and well-being of our communities, businesses and families — of all of us.

SAPIO: I am approachable, knowledgeable, successful, family-oriented, open-minded and willing to work with the People for the People. I have no past political grudges. I have no political agenda. Therefore, my ability to perform this job cannot and will not be manipulated or compromised. I am dedicated to the citizens of this county.

Mike Cutillo

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#1504698 --- 09/11/17 07:37 PM Re: DA Race: Porsch v Sapio [Re: newsman38]
kyle585 Offline
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Registered: 02/18/09
Posts: 16162
Loc: Somewhere out there
http://fingerlakes1.com/2017/09/11/porsch-files-800k-notice-of-claim-with-seneca-co/


Porsch files $800K notice of claim with Seneca County

Published: 09/11/2017 @ 08:29 pm | Updated: 09/11/2017 @ 08:34 pm

Seneca County District Attorney Barry Porsch has filed a notice of claim with his employer.

The claim was filed on Friday, September 8th, citing an incident that took place on June 12th. That claim outlines communications between a Seneca County employee and a State Agency.

Both Seneca County and the employee, who is purported to be a probation officer, were named as defendants in the claim. Specifically, the claim outlines libel, slander and defamation of character, and references an attached email, which was not provided to FingerLakes1.com.

While the claim does not mean a lawsuit is taking place, it’s the first required step in the process of taking legal action against a governing body.

The total damages sought by Porsch in the claim is documented at $800,000.

The description of the claim is listed as “damage to reputation.”

The entire document was released to local media less-than 24-hours before Tuesday’s primary race between Porsch and Joe Sapio, a former Fayette Town Judge.

Read the entire notice of claim below below:

https://pbs.twimg.com/media/DJepxe-W0AEO8Cm.jpg

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#1504707 --- 09/12/17 04:20 AM Re: DA Race: Porsch v Sapio [Re: kyle585]
DR. D Offline
Senior Member

Registered: 07/25/03
Posts: 6421
Loc: Waterloo/Seneca Falls/Junius/T...
Sure helped me decide who my candidate is going to be when I go to the polls today.

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#1504718 --- 09/12/17 10:14 PM Re: DA Race: Porsch v Sapio [Re: newsman38]
Mighty_Oak Offline
Junior Member

Registered: 09/12/15
Posts: 10
Sapio loses. Article didn't help his campaign. Says something.

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#1504731 --- 09/13/17 12:54 PM Re: DA Race: Porsch v Sapio [Re: newsman38]
Top Dog Online   content
Senior Member

Registered: 04/25/00
Posts: 1918
Loc: Lap Dog
Also says that Seneca County offices have some cleaning up to do. Being a county employee doesn't give anyone added power. Its a job. A job taxpayers fund.

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#1504739 --- 09/13/17 05:39 PM Re: DA Race: Porsch v Sapio [Re: newsman38]
Here's Johnny Offline
Senior Member

Registered: 11/14/10
Posts: 832
Loc: New York
Politics....why would anyone want to step in?

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#1504751 --- 09/14/17 07:01 AM Re: DA Race: Porsch v Sapio [Re: DR. D]
scwoodchuck Offline
Senior Member

Registered: 05/22/14
Posts: 1581
Loc: LOST IN SPACE
Doc, never believe anything you read in the Finger Lakes Times wink
_________________________
I can't wait till humans evolve into an intelligent species.

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#1505358 --- 09/26/17 12:50 PM Re: DA Race: Porsch v Sapio [Re: newsman38]
rooster Offline
Junior Member

Registered: 08/03/08
Posts: 13
Loc: NY
So is Barry going to get 800k?

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#1505360 --- 09/26/17 01:23 PM Re: DA Race: Porsch v Sapio [Re: rooster]
kyle585 Offline
Gold Member

Registered: 02/18/09
Posts: 16162
Loc: Somewhere out there
Originally Posted By: rooster
So is Barry going to get 800k?


http://www.fingerlakesdailynews.com/2017/09/12/seneca-county-da-looking-at-800k-lawsuit/

Seneca County DA Barry Porsch sent the following statement regarding his filing a notice of claim against the county and a county employee . He states that he is not seeking monetary damages in this matter.

I have not commenced a lawsuit. I have filed a notice of claim, which is not a lawsuit. I am not seeking any money.

The notice of claim allows the County and I to discuss the issue at hand. At the start of the campaign season, a low-level county employee made a false allegations against me to a State Agency. My goal in filing the notice of claim is to correct an ongoing problem the DA office has with this individual who is attempting to exceed her authority and influence the manner in which cases in Seneca County are prosecuted. Because she acted in her capacity as a county employee, I was forced to file a notice of claim with the County. The law places time limits on such notices, and I had 90 days to file. Furthermore, the law requires that a monetary amount be listed in the notice, but again I stress that I am NOT seeking any money. Instead, my goal is to assure the citizens that crimes will be prosecuted to the fullest extent, but in accordance with the laws and rules that govern my office. I am seeking an acknowledgement from the employee that what she did was wrong, and an assurance that it will not happen again. I am meeting this evening with the County Board of Supervisors and County Attorney where I expect the issue to be resolved

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#1505361 --- 09/26/17 01:32 PM Re: DA Race: Porsch v Sapio [Re: newsman38]
rooster Offline
Junior Member

Registered: 08/03/08
Posts: 13
Loc: NY
Thanks I didn't see the update. Now I wonder if she'll lose her job...

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#1505977 --- 10/04/17 11:40 AM Re: DA Race: Porsch v Sapio [Re: newsman38]
Wolf King Offline
Member

Registered: 09/12/17
Posts: 163
Loc: The Forest
I wonder how exactly she was "manipulating" cases that Porsch mentions. What exactly is going on here?
_________________________
A wolf among hounds

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#1505998 --- 10/04/17 08:24 PM Re: DA Race: Porsch v Sapio [Re: Wolf King]
scwoodchuck Offline
Senior Member

Registered: 05/22/14
Posts: 1581
Loc: LOST IN SPACE
Wonder who's going to win this one. I'm betting on Rickerson.
http://fingerlakes1.com/2017/10/02/anoth...t-was-harassed/


Edited by scwoodchuck (10/04/17 08:25 PM)
_________________________
I can't wait till humans evolve into an intelligent species.

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#1506621 --- 10/16/17 07:50 AM Re: DA Race: Porsch v Sapio [Re: newsman38]
rooster Offline
Junior Member

Registered: 08/03/08
Posts: 13
Loc: NY
Someone else in the past called the state about things that were not handled appropriately; she kept her job but was treated so poorly she resigned. Slippery slope.

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#1507495 --- 10/29/17 04:06 PM Re: DA Race: Porsch v Sapio [Re: rooster]
kyle585 Offline
Gold Member

Registered: 02/18/09
Posts: 16162
Loc: Somewhere out there
In today's FLT:

To the Editor:

In his bid for Seneca County District Attorney, Joe Sapio claims he is above politics. However, voters should realize that the man who truly places justice above politics is our current DA, Barry Porsch.

Since his election in 2010, DA Porsch has run an office where assistant DAs are hired and evaluated based on merit and performance not party affiliation. His office has the third highest successful DWI prosecution rate in New York state. He has 41 consecutive wins and no reversals at the Appellate Division level. He worked in a factory for 13 years before entering college and graduating from law school.

Why should we vote for his opponent who never has prosecuted a case? What reason would anyone have to support Sapio for DA?

Before anyone casts a vote for Mr. Sapio as some sort of "anti political establishment” candidate I urge them to remember the adage, “You are judged by the company you keep." The recruiter and major supporter of Mr. Sapio is Angelo Bianchi. As reported by the FLT on 6/27/2007, while Republican County chairman, Mr. Bianchi pleaded guilty to accepting and cashing checks totaling $5,450 meant for the Nozzolio for Senate campaign and “redistributing the money to various campaigns in his own name, disguising the identity of the original contributors." As part of the plea deal, he was “barred from membership in the Republican Committee and directly or indirectly trying to influence its activities, including decisions about candidates to support.”

More troubling is an FLT article from 9/11/2003 that outlines Bianchi’s operating style as chairman. Former Fayette Supervisor Robert Peterman stated, “The problem is he’s an old-fashioned politician who believes in obligations and he gets you, and you sell your soul to him.” The article further outlines Bianchi’s attempts to pressure the Board of Supervisors to replace members of boards with people supervisors felt were unqualified.

Former BOS Chairman Robert Favreau felt “Bianchi has been a great fund raiser…, but … has become aggressive in what the Board of Supervisors does, the things it votes on, and people who are hired. "I guess you’re talking about a dictatorship ...”

So I again ask, what reason would anyone have to support someone else for DA? Who do we want? A tested, dedicated, non-partisan public servant or a candidate recruited and supported by “an old-fashioned politician who believes in obligations”? Justice does indeed go beyond party lines. Barry Porsch deserves our support.

TINA COVILLE-BAUDER

Ovid

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#1507496 --- 10/29/17 05:10 PM Re: DA Race: Porsch v Sapio [Re: kyle585]
Hello_Governer Offline
Senior Member

Registered: 10/03/11
Posts: 1592
Loc: New York, Seneca
But I thought that the Republican Committee endorsed Porsche for his loyalty and carrying the Republican BANNER like a loyal puppet.
_________________________
Do we really have to make everything IDIOT PROOF ?

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#1507499 --- 10/29/17 06:03 PM Re: DA Race: Porsch v Sapio [Re: Hello_Governer]
kyle585 Offline
Gold Member

Registered: 02/18/09
Posts: 16162
Loc: Somewhere out there
Opportunity To Ballot petition invalidated

By DAVID L. SHAW dshaw@fltimes.com Aug 8, 2017

WATERLOO –– There will not be a Working Families Party primary election for Seneca County district attorney in September.

State Supreme Court Justice William Taylor ruled from the bench Monday, invalidating an Opportunity To Ballot petition filed in July. He ruled after hearing testimony and reviewing documents.

Taylor ruled that only one valid signature remained on the petition, which needs at least six valid signatures of Working Families Party members.

Taylor ruled after hearing testimony and reviewing documents presented by attorney Michael Burger, representing Working Families Party member and petitioner Shirley Sobczak of Waterloo and incumbent District Attorney Barry Porsch.

Porsch, a Republican, has the Working Families Party line. The Opportunity To Ballot petition would have allowed Joseph Sapio, his Republican primary opponent, or any other person, to have their name written in at the Sept. 12 primary. Porsch and Sapio will square off in the Sept. 12 Republican Party primary.

Testimony was given by Working Families Party members Domenick Paradise, Larry and Wendy Barnhart, Cynthia and Paul Hooper, Timothy Fitzpatrick and Teresa Gillotti. All seven confirmed that they signed the OTB petition. But Burger asked each one if the person soliciting their signature administered an oath or had them swear or attest that the information they provided was true. All seven said no.

Burger argued that state election law on petitions requires that the signature either be witnessed by a person or the signer be under oath or attest that the information they provide is true.

Otherwise, he said, the signatures are not valid.

Ruth Same, one of two county election commissioners, testified as to the accuracy of various documents filed with the elections office, including the Working Families Party OTB petition. Same testified that at least six valid signatures are needed. The Board of Elections upheld the petition, invalidating one signature because of a discrepancy in the address. The challenge included allegations of fraud, which the commissioners said was beyond their purview.

The petition was signed by notary public Angelo Bianchi, the former Seneca County Republican Party chairman. Several signers testified that the person seeking their signatures had a first name of Angelo, but they did not know the last name.

Peter Corning, attorney for the Working Families Party vacancy committee members Michael Hagadorn, Jennafer Heffernan and Melody Reynolds, said the three did not have a position on the matter. In fact, they did not know their names were put on the petition. County Attorney Frank Fisher, representing the Board of Elections, also took no position.

“Under law, the person obtaining signatures on a political petition must administer an oath or the signer must attest to the truthfulness of what they are signing,’’ Taylor said.”Here we have unrefuted testimony that the notary did not administer an oath or swear to its truthfulness, invalidating the petition. All seven testified credibly they were not put under oath or sworn,’’ he said. “The petitioners have met the burden of proof,’’ Taylor said.

The ruling comes as the board of elections faces a Friday deadline to submit the list of candidates for the Sept. 12 primary ballot printing.

Porsch issued a written statement after Taylor’s ruling.

“Angelo Bianchi was under a court-ordered subpoena to testify, but his lawyer advised the court that he went to Canada for a vacation,’’ he said.

“Our evidence showed that after Bianchi improperly obtained the signatures on the petition, he handed it over to the Sapio campaign and Joseph Sapio filed it with the Board of Elections,’’ Porsch said.

Porsch claimed Bianchi and Sapio are “close political allies.’’

“The three persons named on the petition as a committee to receive notices, through their attorney, filed a letter with the court stating that they had no prior notice that their names would be used on the petition,’’ he said. “The Working Families Party and myself are thankful that the Supreme Court Justice invalidated the petition filed by Sapio and restore integrity and honesty to the election process in Seneca County,’’ he concluded.

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#1507550 --- 10/30/17 03:35 AM Re: DA Race: Porsch v Sapio [Re: kyle585]
kyle585 Offline
Gold Member

Registered: 02/18/09
Posts: 16162
Loc: Somewhere out there
Seneca GOP boss to resign: Bianchi pleads guilty to diverting campaign contributions

By DENISE M. CHAMPAGNE Jun 27, 2007

JUNIUS - Seneca County Republican Committee Chairman Angelo Bianchi was charged Monday with violating state election law by improperly diverting campaign contributions.

He pleaded guilty to the Class A misdemeanor Monday in Junius Town Court and has until July 31 to step down. His resignation is part of a plea deal between his attorney, David Rothenberg of Rochester, and special prosecutor John Tunney, district attorney of Steuben County.

Bianchi, chairman of the Republican Party since 1993, admitted depositing nine checks - totaling $5,450 and intended for state Sen. Michael Nozzolio's re-election campaign - into his own accounts between Jan. 1, 2003, and Dec. 31, 2004, and redistributing the money to various campaigns in his own name, disguising the identity of the original contributors.

Tunney said Election Law requires contributions be recorded in the name of the actual donor.

The checks were from:

Clough Harbour & Associates, $1,500.

Larry Fairchild, $500.

Raymond Gardeski, $500.

William Lucarelli, $500.

BBL PAC (political action committee), $400 and $750.

Thomas Tortora, $500.

Leo Connolly, $500. (Connolly was elected sheriff during that time, taking office on Jan. 1, 2004)

And Donald Decicca, $300.

Tunney said motive was not discussed. He acknowledged there were more checks to other parties but would not give totals.

"There were lots of political entities who received money from political donations from Mr. Bianchi,” Tunney said. "I'm not going to begin naming them all anymore than I'm going to name the folks who made political contributions. I'm not going to talk about who gave and who didn't.”

Contacted this morning, Connolly said that during his professional life, he's made a number of contributions to many political organizations.”

Nozzolio had no comment and referred all questions to Tunney. Bianchi did not return phone calls Tuesday and this morning.

Depositions from Justin McCarthy, Nozzolio's campaign coordinator, and State Police Sr. Inv. Christopher Baldwin were among the documents presented to Junius Justice Brian Laird.

"To my knowledge, the campaign has never received the funds,” noted the deposition by McCarthy. "Angelo Bianchi was not authorized by the campaign committee to deposit any donations to (Nozzolio's) accounts or any other accounts. If he did accept checks made payable to Nozzolio for Senate, I would expect those checks to be delivered to the campaign committee for official deposit and disclosure.”

Laird said he was called Monday afternoon and asked if he could do an arraignment. He said he could at 6 p.m. but was not told what it pertained to.

Tunney and Rothenberg said Laird was picked as a neutral party who has not had past dealings with Bianchi.

"That was an acceptable venue for resolving this matter,” said Rothenberg. "It's a misdemeanor. Any town court is fine. We didn't want to involve a town court where Mr. Bianchi had been actively involved in anyone's campaign.”

"I would like to stress what he pleaded to was a technical violation of the very complicated election law for which he's very sorry,” Rothenberg added. "He expressed that. All of the contributions went to the Republican Party.”

Bianchi, 70, of 1715 County House Road, Fayette, was accompanied to court by his wife, Judith, and Rothenberg. He was not brought in by police, although Baldwin also appeared.

Laird fined Bianchi $100 and imposed several conditions.

Bianchi is barred from membership in the Republican Committee and directly or indirectly trying to influence its activities, including decisions about candidates to support.

He is not to handle political contributions or be a signatory for any account set up for political funds.

Bianchi also waived his right to appeal.

Tunney said the deal satisfies any other potential criminal charges - provided Bianchi adheres to the conditions - and concludes his grand jury investigation.

A concurrent grand jury investigation by Ontario County District Attorney Michael Tantillo, involving possible wrongdoing within the Seneca County sheriff's department, is expected to wrap soon.


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#1507551 --- 10/30/17 03:59 AM Re: DA Race: Porsch v Sapio [Re: newsman38]
Top Dog Online   content
Senior Member

Registered: 04/25/00
Posts: 1918
Loc: Lap Dog
Republicans vote against Bianchi candidates. The primary proved that. It doesn't matter how many signs you have or what convicted people post on FaceBook.

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#1507554 --- 10/30/17 06:21 AM Re: DA Race: Porsch v Sapio [Re: Top Dog]
kyle585 Offline
Gold Member

Registered: 02/18/09
Posts: 16162
Loc: Somewhere out there
Originally Posted By: Top Dog
Republicans vote against Bianchi candidates. The primary proved that.
Since Porsch has both the Republican and Demcratic lines, does Sapio have any chance at all in this race?

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#1507555 --- 10/30/17 06:22 AM Re: DA Race: Porsch v Sapio [Re: Top Dog]
scwoodchuck Offline
Senior Member

Registered: 05/22/14
Posts: 1581
Loc: LOST IN SPACE
Just because the REPUBLICAN COMMITTEE votes against Bianchi candidates doesn't mean all Republicans do. In fact a lot of Republicans vote against Committee candidates. grin
Almost forgot, keep in mind that a lot of Republicans are leaving the party.


Edited by scwoodchuck (10/30/17 06:25 AM)
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