The Court Report
By Richard Blassberg

Spano, Cavallo, Jereis Scheme Foiled In Court
State Supreme Court, White Plains
Judge Joan B. Lefkowitz Presiding

Last Wednesday August 8th was clearly not one of election attorney John Ciampoli’s better days in court. Ciampoli, who has been a hired gun closely connected to the Republican State Senate political machine in Albany, and, locally, most notably, the hired gun in election disputes for Nick Spano and all of his many puppets and protégés, particularly Giulio Cavallo and Zehy Jereis, appeared to be shooting himself in both feet as he presented two hostile witnesses.

Having gotten stuck in traffic due to flooding in Queens, Ciampoli, arriving more than four hours late, at 1:45pm appeared without his alleged client Jodi Mosiello. Mosiello, challenging incumbent Yonkers Republican City Councilman John Murtagh in the upcoming Republican Primary for the 5th District City Council seat, was the named party in the court action that was questioning the validity of some of Murtagh’s nominating petitions.

Prior to entering the courtroom, Murtagh had told The Guardian, “I don’t mind someone challenging me in a primary. But, I can’t imagine what my opponent is thinking about hanging out with the likes of Giulio Cavallo and Zehy Jereis.” Mr. Murtagh had rejected any deals from Cavallo, and had publicly called for the resignation of Jereis, a convicted drug dealer and admitted election fraudster, from his position as Chairman of the Yonkers Republican Committee. He viewed Mosiello’s candidacy, and the court challenge, as a transparent retribution
for his rejection of the corrupt elements in Yonkers politics.

Despite the hardship Ciampoli’s lateness had worked upon the Court, candidate Murtagh and his attorneys, as well as some fifteen citizens who had been subpoenaed, Judge Lefkowitz displayed deference to, and indulgence of, his situation.

At 11;00am, when all in attendance had been awaiting his arrival for an hour and a half, Lefkowitz, who had retired to chambers, reappeared and declared, “Let the record reflect that it was 9:15 when I first heard from Mr. Ciampoli. He asked if he could have an adjournment. I said there are fifteen people who have been
subpoenaed, and I intend to go forward.”

After relating information Ciampoli had passed along to her about court commitments in other counties before other judges that she had helped postpone, in light of the urgency of the election issue before her, Lefkowitz then said, “I will wait until 11:55, and I will entertain any motions from the other side at that time.”

However, at 11:35 the Judge reappeared to indicate that she had just heard once again from Mr. Ciampoli, who had told her that, “he was still tied up on the Van Wyck Expressway.” With that news, she recessed the Court until 1:30pm. At 1:45pm John Ciampoli entered the courtroom. After glancing over Mr. Murtagh’s answer to his client, Jodi Mosiello’s alleged assertions for a few minutes, he then told the Court, “It is our position that the law in New York State provides that any section in which fraud is found in the gathering of election petitions renders the entire petition invalid regardless of how many valid signatures are offered.”

At that point Murtagh’s attorney, Ezra B. Glaser, addressed the Court, exclaiming. “Their investigation didn’t begin until last night. Mr. Murtagh was actually in the witnesses’ apartments and gathered the signatures.” He went on, “This is a case, Your Honor, where sanctions and court costs must be imposed. Nobody on those pages were contacted until last night. His clients are not here though they are only blocks away.”

Judge Lefkowitz responded by asking Mr. Ciampoli to call his first witness. Prior to examining Anthony and Mary Romeo, an elderly married couple who are residents of Yonkers Council District Five, Ciampoli asked the Court for, and was granted, a few minutes opportunity to prep his witnesses outside the courtroom.

Putting Mr. Romeo on the stand, Mr. Ciampoli launched into, “Did there come a time when you signed a petition?”

Mr. Romeo responded, “For John (Murtagh), for Amicone, and for someone else.”

Ciampoli came back with, “Who handed you the petition?”

The witness responded, “John Murtagh.”

Ciampoli, clearly dissatisfied with his witness’ response, attempted to ask the same question worded a little differently. Mr. Romeo, feeling somewhat pressured, again responded, “John came to the house and I signed the petition.”

Ciampoli tried twice more to get Mr. Romeo to indicate that someone other than Murtagh, a woman, had approached him, as alleged in the complaint filed ostensibly by Jodi Mosiello. But, each attempt was rebuffed by what was rapidly becoming a hostile witness. Mr. Romeo, in a firm tone, finally replied, “It had to be John, because he was the only one that came to the house.” To bolster his account, the witness went on to mention his having shown Murtagh a special room in the house, his “Custer Room,” a mini-museum of sorts, containing artifacts from the Battle Of Little Big Horn.

At this point, Ciampoli, sweat noticeably streaming down the back of his neck, must have felt enormous empathy for the great, but misguided, General Custer. Murtagh’s attorney, Mr. Glaser, then took the opportunity to reinforce his opponent’s witness’ testimony, asking in cross-examination, “When John Murtagh was present, you knew who you were signing for?” The witness responded, “I was signing for John.” Then, hammering in the final nail, Glaser inquired. “How long do you know John Murtagh?” Romeo quickly answered, “I know him thirty
years.”

At this point, one would have thought Mr. Ciampoli would have had the sense not to call upon Mrs. Romeo in an effort to trap her somehow into contradicting her husband of many years. However, unaccustomed as he is to losing election law court battles, no matter how unscrupulous and corrupt the interests he may be representing,
Ciampoli charged forward all the same, calling Mary Romeo to the stand. Predictably, Mrs. Romeo’s testimony mirrored that of her husband, who had made a point during his testimony of asserting what loyal and devoted Republicans they both were.

Mr. Ciampoli’s complaint had collapsed in little more than a half hour. It was now 2:25pm and Glaser was calling for sanctions and court costs once again. Following a brief sidebar, Mr. Ciampoli, in an attempted face-saving statement, addressed the Court with, “We will withdraw or claims against the petition, and Mr. Murtagh will withdraw his motion for sanctions and expenses.”

Analysis

The real significance of what took place last Wednesday in Judge Lefkowitz’ Court lies in the fact that the formerly all-powerful Yonkers Political Machine of Nick Spano, Giulio Cavallo, and Zehy Jereis, had once again been dealt a major setback in their corrupt agenda to contaminate and control the outcome of contests for public office in Yonkers and throughout Westchester. They are so accustomed to being in control by whatever means that they will continue to harass and attack legitimate candidates from the Republican, Democratic, and Independence Parties, until they are not only repeatedly defeated in court, but also apprehended, prosecuted, and convicted of their criminal activities over many years.