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Lawyer claims mayor lied

By RODNEY MINOR, The Leader-Herald
POSTED: July 17, 2008

ALBANY - The lawyer representing former Gloversville City Clerk Gary Margiotta in his wrongful-termination lawsuit against the city said Wednesday he has information that casts doubt on the reported theft of Mayor Tim Hughes' laptop and cell phone from the parking lot at City Hall.

At a hearing on the case held in the James T. Foley U.S. Courthouse in Albany, Elmer Robert Keach III said he is prepared to put forward an affidavit in which Hughes' son says he played on the laptop more than a week after it was reported stolen.

Hughes reported his city-owned Dell laptop, cell phone and a briefcase were stolen out of his work vehicle while it was parked at City Hall May 25.

Police Capt. James Lorenzoni said this morning no arrests have been made in the case, and none of the items have been recovered. At this time, he said, there is no person of interest in the case.

Keach said since the theft was reported, calls have been made from the stolen phone to the cell phone of Hughes' "current girlfriend." He indicated the girlfriend is City Clerk Brenda Pedrick, who replaced Margiotta in 2007.

Keach said the records showing the phone calls were provided by Hughes' estranged wife.

Hughes and Pedrick could not be reached for comment.

Margiotta, a 16-year city employee, was confronted by Hughes and Councilman-at-Large James Handy and escorted from City Hall by a police officer Dec. 29, 2006. A few days later, the Common Council voted 4-3 not to reappoint Margiotta to his position as city clerk. At the time, no explanation for the action was given to the public or the three-member council minority.

The theft of the items has become an issue in Margiotta's case because it is in the discovery phase, where both sides are gathering information to use during the expected trial.

Keach has demanded a number of documents as part of the discovery phase, including e-mail files and mirror images of computer hard drives.

In addition to Hughes' laptop, Keach also has expressed an interest in having a mirror image made of the hard drive on the personal computer of former 2nd Ward Councilman Lance Gundersen Sr.

However, Gundersen indicated he may have deleted e-mails from his computer that are relevant to the case.

Keach asked the court to issue sanctions against Hughes and Gundersen for destroying evidence relevant to the case.

At the hearing Wednesday, U.S. District Court Judge George H. Lowe said deposition testimony should be taken from Hughes and Gundersen first. If Keach wants to, he can request the sanctions after the depositions are taken, Lowe said.

The city's attorneys for the case, who are from the law firm of Girvin & Ferlazzo, had previously requested a protective order from the court to stop deposition testimony and other discovery material from being released.

While Lowe already has issued a temporary protective order, he declined to make a decision on a long-term protective order Wednesday.

Keach has made comments to the media about the case, and the city's attorneys have made it known they are not happy.

At the hearing Wednesday, Lowe said "I do not like the smell of this one."

The public has a right to the truth, he said, and releasing information obtained during the discovery period may not lead people to the truth.

"It is in the courtroom where the truth comes out," Lowe said.

However, he said he would need to find good cause to issue a protective order. Given the nature of the case and the involvement of current and former public officials, Lowe said he would not "be a bit surprised" if he concludes no protective order is necessary.

Lowe said he would make a decision in the near future.

The city's attorneys declined to comment after the hearing.

Member Comments
View Comments: | 1-25 |26-50 |51-73 | Post a comment
Cynthia
07-19-08 3:46 PM
Barbara for the record no one influenced me nor does anyone influence me. I am and have always been my own person. Further for the record I openly supported then Mayor Frank LaPrta from the beginning and for re-election. I was NOT a supporter of Tim Hughes for Mayor. Further my visits to the then Deputy City Clerk was for City business as a Councilwoman. I visited her office just as I visited other offices in City Hall, Transit and the Highway Garage.

morningstar
07-18-08 6:30 PM
The damage is done as far as his kids go. they have to live here, where their father's name is mud. The custody situation should be private and not a part of revenge for his wrongdoings. Other than that, I hope she takes him to the cleaners too!

Barbara
07-18-08 4:35 PM
Shotgun

I can tell you who influenced Gundersen and Morey. Pedrick would type up notes and do other things for Gundersen during her working hours at City Hall. Morey visitted Pedrick on a regular basis in the Deputy City Clerk's office. I don't believe that Pedrick was Hughes' girlfriend at election time, but she did help his campaign and influence people to vote for him. I was one of the stupid people who voted, I admit it and regret it. I also knew the ex-new Deputy City Clerk and believe that she would not be a party to this.

I hope that Mrs. Hughes is allowed to take Tim to the cleaners and that he looses all rights to his kids too.

sighing
07-18-08 3:18 PM
Why isn't the city parking lot included in areas to be video taped? I imagine a camera there would excellent fodder for a movie; maybe it could be called Clueless in Gloversville, starring as himself in the lead male role is none other than Mayor Tim Hughes of Gloversville!

Timmy, I don't think even Lassie can get you out of the hole you've gotten yourself into this time!

lucycat43
07-18-08 9:31 AM
ROTD- Yes, I feel duped, and outraged does not even cover it.

Apologies for so many posts on this matter, but I have never been so angry, disappointed, and just plain disgusted. I just want him and the City Clerk to go away.

lucycat43
07-18-08 9:28 AM
Freedom - I had in mind someone closer to home, but Bush is a good example also. So now we have sex, lies, but no video tape !

lucycat43
07-18-08 9:23 AM
If the Mayor is found to have lied and filed a false report, then I would assume that the council would do what needs to be done ie: removing him forthwith.

Of course, we all know what happens when one "assumes". In any case, I would think that the first responsibility would be to us, the people.

RageoftheDay
07-18-08 9:19 AM
Mr R - Spitzer didn't resign because he solicited a prostitute (mind you had been doing it for 5 or so year). He brought a prostitue over state lines, which is human trafficing and a federal offense.

Lucy! Congratulations, you voted for someone for what you believed the right reasons, were duped by the guy you voted for and are now outraged he violated your trust. Join the club, I feel your pain! Done the same thing myself

lwarren3
07-18-08 9:13 AM
Reviewing the city charter, removal of elected officials is covered by the section on Ethics. Specifically the following: "ยง 25-9. Penalties for offenses.

Any person to whom this code shall apply who makes or files any false or fraudulent statements, who fails to make or file a required statement, who makes any willful misrepresentations of any kind or who is otherwise found or determined to be in violation of any provisions of this code may be: A. Admonished, cautioned, reprimanded, censured, suspended or removed from office or employment by the appointing officer or governing agency or in any manner otherwise ordered or authorized by the Common Council; B. Liable in damages for losses to or incurred by the city as the result of such violation; C. Penalized and required to pay to the city a sum equal to three times the sum of any unlawful or improper material benefit received by one as the result of such a violation; D. Fined in an amount n

MrRoboto
07-17-08 10:59 PM
C'mon FREEDOM...lighten up on poor Dubya...

I must laugh, though. You, my friend, are consistent. You disparage the President for certain things, but have no problem blasting a mayor of the opposite party for the same shortcomings. I respect that about you.

Were that all the posters here could say the same. One poster earlier warned of the harm that investigating the mayor and/or forcing him from office could do to our community. Yet he has repeatedly called for, essentially, the same things for the President.

Consistency of moral standards, even across ideological boundaries, is a commendable trait. Unfortunately, some would prefer to bamboozle the voters with a SNOW job.

We deserve better all around.

FREEDOM
07-17-08 10:37 PM
SOUNDS LIKE GEORGE BUSH

lucycat43
07-17-08 8:21 PM
Continued -

Shallow Emotions When they show what seems to be warmth, joy, love and compassion it is more feigned than experienced and serves an ulterior motive.

Anyone we know ?

lucycat43
07-17-08 8:18 PM
SOCIOPATH

Glibness and Superficial Charm

Manipulative and Conning They never recognize the rights of others and see their self-serving behaviors as permissible. They appear to be charming, yet are covertly hostile and domineering, seeing their victim as merely an instrument to be used. They may dominate and humiliate their victims.

Grandiose Sense of Self Feels entitled to certain things as "their right."

Pathological Lying Has no problem lying coolly and easily and it is almost impossible for them to be truthful on a consistent basis. Can create, and get caught up in, a complex belief about their own powers and abilities. Extremely convincing and even able to pass lie detector tests.

Lack of Remorse, Shame or Guilt A deep seated rage, which is split off and repressed, is at their core. Does not see others around them as people, but only as targets and opportunities. Instead of friends, they have victims and accomplices who end up as victims.

BoredAndRaisedHere
07-17-08 7:33 PM
CALL SHIRLEY SAVAGE!!! This would be OLD news by now! She was probably working on this story at election time!

lolabell
07-17-08 7:16 PM
Good luck Freedom. I hope you do find a way because this Mayor is too arrogant to see himself as anything but a stand up guy. To everyone else he's an embarrassment.

morningstar
07-17-08 7:10 PM
If hughes is arrested for falsely reporting a crime, purgery,and any other crimes, there wouldn't be a question- he'd be out! Arrest Handy, too! This IS better than Spitzergate and Bill Clinton based on the status of the people involved!! I love a good drama!!!

I've never seen him that I kmow of...Is Hughes short in stature? Might explain a few things from the truck to the exercise of "power"...

Oh, and shotgun, I'm usually the naive one- not this time! Of course Hughes had control over the council in some way or another. This guy probably gave some underhanded favors and called in his debts!!

shotgun
07-17-08 6:49 PM
Secret 1 If you remember that council meeting was held on January 2 not the first. If they had waited until the 2ND to official dismiss Margiotta it would not of been official. I believe that all non appointments or appointments have to be made on January !st. If no action is taken on that day the appointments are automatic. So as long as they had decided not to reappoint Margiotta they had to notify him before the 1st. The way they went about it was wrong, they should of called for a special eeting and gone into executive session to discuss it and notify Margiotta then before the First. I still maintain that this matter was strickly a Council Call.

Indianajones
07-17-08 6:39 PM
You gotta love this!!! The plot for my next movie should be this!! It doesn't get any better. Kudos to Attorney Keach---continue to do your job and Gary Margiotta will line his pockets with $$$$$$!

Patriot1
07-17-08 6:35 PM
I do believe the heat is on. My personal assessment, based solely upon what I see, and not buttressed by the comments of others, is that 2 or 3 resignations may be forthcoming shortly.

Patriot1
07-17-08 6:29 PM
Mr. Roboto's suggestion that the BCI should be called in appears to have merit. The BCI is a plainclothes detective branch of the New York State Police. Among other crimes, the BCI works to solve felonies and computer & technology - related crime. The current situation would seem to merit their participation. What would Mr. Keach think about this?

FREEDOM
07-17-08 6:12 PM
It's time to stop chatting about this idiot,its time to do something, there has got to be a legal way to get rid of this low life.I plan on finding it.

secret1
07-17-08 6:05 PM
Shotgun - do you honestly belive that? The Mayor doesn't have that much control over the council? The fact of the matter is that all he had to do was wait four days and all of this could have been avoided. And quite frankly, anyone stupid enough to use a "stolen" cell phone to call anyone (girlfriend or not) and then not destroy the evidence deserves to get caught. And lest anyone forget, if Mayor Tim resigns, we're left with the deputy mayor, Jim Handy. Who is also under a cloud of suspicion for his role in the Margiotta case. Out of the frying pan and into the fryer, as they say.

shotgun
07-17-08 5:47 PM
The City Charter gives the reappointment or not of the City Clerk and Assistant City Clerk exclusively to the Common Council. Gunderson and Morey two years and One year previous to Margiotta's dismissal voted to not reappoint him. I truly believe that each of the council people who voted not to reappoint Margiotta had their own individual reason for doing so. I feel that it is visious gossip to say he was not reappointed so Mrs. Pedrick could get the job. Like you folks I too am not happy about all that is going on but don't feel the Mayor had that much control over the previous Council to get them to do this non reappointment.

MrRoboto
07-17-08 5:39 PM
Amen, Patriot. Time to call in BCI.

Patriot1
07-17-08 5:35 PM
"Hughes-gate", if proven accurate, is far worse than "Spitzergate". Ex-governor Spitzer's private indiscretions led to his ultimate resignation, and terminated his capability of further affecting NY State negatively. The longer Mayor Hughes is allowed to remain in office under the current circumstances, the greater the harm will befall Gloversville. Perhaps a state-led investigation, taking the responsibility from local sources indebted to current political leadership, would clear the air and obtain both justice and change to the people of Gloversville. A city in serious decline cannot long afford "leadership" such as this, nor the minions who are appointed by this leadership.

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