Monday, December 7, 2009

Gargan Declines To Seek County Court Vacancy

We've learned that Assistant District Attorney William Gargan declined consideration for appointment to the County Court vacancy created by Judge Alex Renzi's election to state Supreme Court, apparently some weeks ago.   We discussed recently the scenario for such an appointment.

The Assistant DA withdrew out of concern that such an appointment would be recognized all too clearly as reward for his corrupt prosecution of Monroe County GOP Executive Director Andrew Moore, in order to help the Democratic Party in the recent local election.   Public perception matters, since the appointed judge would have to face voters next year.

We expect that Gargan will wait until a decent interval of time helps to obscure the quid-pro-quo, and eventually will be rewarded with the Democratic nod for a City Court judgeship.


Anonymous said...

The real reason is that Baby Joe Morelle was afraid he would be connected to the appointment, and that would impact his future race for county exec or congress. Morelle always does what is good for Morelle. Just happens that in this case justice was done by denying Gargan the nod, since Gargan is a corrupt political prosecutor. The real question now is whether Mike Green will have the integrity to fire Gargan, or keep him on as part of his own strategy to sell his soul for a judgeship. Seems to be an epidemic of that lately amongst Democrats.

Anonymous said...

Why don't we all wait until the Robutrad saga fully plays out to see who was right or wrong, or politically motivated, or not. This seems like pretty wild speculation as to Gargan's motives. He must really be persuasive with the Grand Jury to get them to go along with the political agenda he's being accused of. At the end of the day, the facts will determine who was right or wrong.

Philbrick said...

Anonymous 2 --

Remember the time-honoured maxim of the law, that an even minimally competent prosecutor can get a grand jury to indict a ham sandwich.

Gargan suffered the nearly unheard-of humiliation for a prosecutor, by having his boss, the DA, withdraw his most serious charge against Moore, the felony count. It throws into question everything Gargan told the Grand Jury, including on the misdemeanor charges.

Moore wrote a letter. That was it. No law against doing that.

Moore's polygraph test showed he was telling the complete truth about not coercing anybody (the substance of the remaining misdemeanor charges).

Gargan boasted to people over the summer about how he wouldn't want to run as a Republican in November after what he was going to do to them.

Gargan is a consistent Democratic Party contributor, who has applied for a City Court judgeship already.

The flimsiness of the charges is painfully apparent to attorneys we've consulted and who have looked at this.

Prosecutors normally don't proceed unless they think they have solid cases. This isn't even close.

But it was good enough for a key Democratic campaign tactic in the election just past: to tie "Robutrad" to the Republican Party, rather than just to the principal Robutrad protagonist, Mr. Morone.

The timing of the indictment -- just before a key election for the Democrats, in which they pulled out all the stops to try to take over the County Legislature -- was painfully transparent.

The federal authorities looked at Moore's writing a letter and realized there was nothing there, which is why THEY didn't prosecute.
That wasn't good enough for Joe Morelle's campaign plans, so the Democratic District Attorney's office had to swing into action.

Those are the facts. And they've played out already.

Philbrick said...

AND -- In all the excitement I nearly forgot:

Our very well placed source for this news told us why Gargan decided to stand down, which is as we've reported here: he knew it would look like the political payoff it would be.

Anonymous said...

Your "facts" leave something to be desired. So Republicans are not tied to Robutrad? Just the lone ranger Marone? Let's see: Moore; Smith; Matychin; Minarik; Esposito; Gleason; the Adair brothers; Tette; Alkoffer; etc., etc. Republicans one and all. Here's a prediction for you: when it's all said and done there will be a boat load of republicans that are neck deep in the scandal and no amount of "victim" crying will get them out.