The Court Report

By Richard Blassberg



Judge Speaks Out Against Politicizing of Pistol Permits



Last Thursday, in County Court Judge Rory Bellantoni, conducting a Pistol Permit Hearing, speaking to the Assistant County Attorney
Matthew Gallagher, and County Police Lieutenant Frank Donovan, demanded to know, “To what extent are the recommendations from the
County Department of Public Safety about public safety, and to what extent are they about political agendas?” The issue that brought James
Donaghy, 56, a Yonkers resident, and long-time holder of pistol permits for target practice, to court was his application for a permit for hunting.


Mr. Donaghy, had originally received approval by Sergeant Seaman of the Pistol Permit Unit of the Westchester County Department of Public Safety, and the approval of Judge Rory Bellantoni, only to have the Department’s approval retracted by County Police Inspector Roger Rokicki, without benefit of Due Process. Judge Bellantoni, turning to Gallagher and Donovan, asked, “A person who was granted a license for target shooting should be denied one for hunting? To what extent is a political agenda being advanced?”


Bellantoni then questioned why the County Police Department’s rejection was forwarded to Judge Susan Cacace, also a County Court Judge of equal judicial authority, and not back to him, suggesting that they might have been attempting an “end run” around his Court. Mr. Gallagher responded, “Your Honor, no one was trying to circumnavigate this Court. The fact that it went to Judge Cacace was just a random event.”


Bellantoni, obviously not convinced, came right back, “Even a random request to have it go to a different judge of concurrent jurisdiction
was wrong. And, that was why Judge Cacace brought it to me.”


The Judge, still troubled by the lack of Due Process, and the manner in which the County Department of Public Safety had attempted to
reverse a pistol permit for hunting that he had approved, declared, “We have a duly licensed applicant, with no evidence of any crime since his original license, and we are being asked to revoke his license. With no new arrests and no new crimes we are puzzled.”


Lieutenant Donovan addressed the Court with, “I’m very sorry that the Court feels slighted. We are basing our recommendations upon the
applicant’s history of aggressive behavior.” Donovan was making reference to a misdemeanor conviction in 1969 when the applicant was 18, and a violation in 1974 at 23.


Asked by the Court if he wished to speak in his own behalf, Mr. Donaghy explained that he had applied for a pistol permit for hunting so that he might hunt on the property of a friend in upstate New York. Interviewed after the hearing, he expressed his dismay with the way in which the County Department of Public Safety had gone about attempting to revoke his licenses without benefit of Due Process.


Analysis


Several weeks ago The Guardian brought to our readers’ attention the fact that Deputy County Executive Larry Schwartz was engaging in still another political power play, attempting to pass legislation through the County Board of Legislators, and, ultimately with the State Legislature’s approval, that would have taken the authority to review and approve pistol permits out of the hands of elected County Court Judges, placing that power solely under the authority of County Department of Public Safety Commissioner Tom Belfiore.


We explained why such an arrangement would be against the best interests of County residents, citing the fact that Commissioner Belfiore is under the total control of Larry Schwartz, and reminding our readers that Mr. Schwartz, and Mr. Belfiore, had conspired with former State Senator Nicholas Spano to criminally divert $100,000 from a State Grant, issued for the specific purpose of bolstering the efforts of the County’s Pistol Permit Unit in tracking down unregistered handguns, instead using the funds to provide an unnecessary chauffeur for the Senator’s father, former County Clerk Leonard Spano.


Additionally, The Guardian has on numerous occasions revealed the close relationship between Larry Schwartz and Guilio Cavallo, former Chairman of the Westchester Independence Party, currently under investigation for election fraud, and conspiracy. Mr. Cavallo who, in fact, sits on a citizen’s advisory board of the County Department of Public Safety, is known to have offered his services and influence, for payment by individuals seeking pistol permits.