(This is the last installment of the case of Dave Mongielo, a Lockport businessman facing jail time for displaying the wrong kind of sign at his business. The Mongielo affair reveals the consequences of an out-of- control government and what happens to ordinary people caught up in its madness.)
There’s something rotten in the Town of Lockport, something stinking to
high heaven and just waiting for the warm light of truth to shine down and make the rancid stench go away.
Dave Mongielo isn’t perfect. Some might characterize him as abrasive. Others might say he can be a little overbearing at times. But the personal quirks of a private businessman are of little import in normal society.
What is important is that Mongielo has been sentenced to serve 15 days in the county jail over a sign he posted on his property in front of his business.
There are people convicted of felony crimes in Niagara County who don’t serve 15 days in jail.
Republican political hacks orchestrated this malicious prosecution, starting with the chairman of the town Republican Party and Zoning Board of Appeals member Donald Jablonski, and continuing on up to a Town Justice who twice found Mongielo guilty and sentenced him, Raymond Schilling.
In civilized parts of the world, an honorable judge recuses himself if he had a personal or business relationship with the chief witness in a case.
Both Justice Schilling and Jablonski hold titles at the same place of business (Town of Lockport). Both are members of the same club (Lockport Republican Party). Jablonski was a bitter political opponent of Mongielo, a GOP committeeman who long argued that allowing town office holders to serve as committeemen is a corrupt practice, rife with potential for conflict of interest.
Mongielo, a political firebrand shook the town’s Republican committee when he organized a challenge to a number of seats in 2010. He made friends, he made enemies, but the way his troubles coincided with his politically challenging the status quo suggests the two are not unrelated.
The Lockport Union Sun & Journal came out against Mongielo, which would have been surprising were it not for then US&J Managing Editor Tim Marren’s comments about Mongielo in a 2009 column: “Probably the candidate who irked me the most was Dave Mongielo,” Marren wrote. “Mongielo is the sorest loser I’ve ever seen… Childish.”
Niagara County Court Judge Matthew J. Murphy granted Mongielo a stay of execution on the jail sentence, giving his attorney, Frank Housh, until Sept. 24 to present an appeal.
"There's so much wrong with this prosecution .... But I think that says it all: They want to put him in jail over a sign ordinance," said Housh.
Housh hasn’t indicated what grounds he will appeal on. The provable personal relationship between Jablonski and Justice Schilling might be easiest. He might make it a First Amendment free speech case. Then there is the vagueness of the law itself. Video signs such as the one Mongielo has, are not mentioned in the ordinance, which seems to have been directed at signs displaying written text.
“An individual who has political differences with my client, who was also vested with the authority to charge the town ordinances, was sitting outside my client’s business and made the determination that the lights were flashing in a way that was inappropriate,” Housh said.
The attorney hasn’t ruled out demanding a jury trial. Most observers believe that finding a dozen, reasonable adults unanimously willing to send a man to jail over a sign ordinance is impossible. It would take only one juror to say, “This is nuts. I don’t care whether he had a sign or not, I’m not going to put him in jail over it.”
Two-bit politicians like Jablonski and Schilling are a dime a dozen in Niagara County. They’ve had it their way so long they don’t quite know what to do when somebody like Mongielo stands up and calls bullshit on them.
Mongielo will win his appeal and be granted a new trial. Schilling will remain on the bench and Jablonski will continue to use his appointed Zoning Board position in ways the creators of the Zoning Board didn’t envision.
For Mongielo, the fight for justice will cost him thousands and produce a lot of aggravation. He won’t back down. Most people would. They’d walk away, muttering about small mindedness and move on. Sometimes a guy like Mongielo can be a pain in the neck. But other times, you’re glad there are guys like that around.
To fight the fight so you don’t have to.http://www.niagarafallsreporter.com/Stories/2012/June19/HudsonMongielo.html
