Niagara Gazette

Local News

April 30, 2013

Mongielo to return to court May 7

Niagara Gazette — LOCKPORT — If David J. Mongielo doesn’t show up to Lockport Town Court on May 7, a bench warrant will be issued for his arrest, Town Justice Raymond Schilling ruled last week.

The auto shop owner was due to appear in court Wednesday but did not show. So, Schilling said, a criminal summons would be sent to Mongielo ordering him to appear in court May 7.

By phone Wednesday night, Mongielo said he didn’t show because he claimed the town court didn’t have jurisdiction. He had filed a motion to dismiss the charges he’s facing based on that argument, but the motion was denied last month.

Mongielo said the court’s authority isn’t based on constitutional law. He cited Schilling’s written decision on the motion, which said the court’s jurisdiction over Mongielo was based partially on a plea that was entered and the fact Mongielo showed up to court.

Mongielo said he only showed up to court in order to argue for his rights.

“And I never entered a plea,” Mongielo said.

A not guilty plea was entered on Mongielo’s behalf by Schilling, according to court documents. A judge entering a not guilty plea on behalf of a defendant who refuses to answer is allowed by law.

But, Schilling’s written decision also said the court’s jurisdiction was based on the creation of the state’s court system, which was done in the state constitution and with the Uniform Justice Court Act. State criminal procedure law says town courts have trial jurisdiction over misdemeanors and violations.

Town Prosecutor Bradley Marble told Schilling that Mongielo had informed the town court staff he would not appear Wednesday.

“The defendant seems to have issues with this court’s jurisdiction,” Schilling said from the bench.

Mongielo is charged with violating the town’s electronic sign ordinance that prohibits them from changing the format or message more than once every 10 minutes. It’s the second time Mongielo has faced such a charge.

Text Only | Photo Reprints
Local News
Featured Ads
Seasonal Content
House Ads
AP Video
Rodents Rampant in Gardens Around Louvre House to Vote on Slimmed-down Bill for Border Looming Demand Could Undercut Flight Safety Raw: 2 Shells Hit Fuel Tank at Gaza Power Plant Raw: Massive Explosions From Airstrikes in Gaza Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Kerry: Humanitarian Cease-fire Efforts Continue Raw: Corruption Trial Begins for Former Va Gov. The Carbon Trap: US Exports Global Warming UN Security Council Calls for Gaza Cease-fire Traditional African Dishes Teach Healthy Eating 13 Struck by Lightning on Calif. Beach Baseball Hall of Famers Inducted Israel, Hamas Trade Fire Despite Truce in Gaza Italy's Nibali Set to Win First Tour De France Raw: Shipwrecked Concordia Completes Last Voyage Raw: Sea Turtle Hatchlings Emerge From Nest Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins
Opinion
House Ads
Night & Day
Twitter News
Follow us on twitter
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Front page
Poll

Do you think cigarette sales to non-Native American customers should be taxed on reservations?

Yes. Items should be taxed like they are everywhere else.
No, the indian reservations are sovereign land and they are selling them on their land.
Not up to me. Native Americans decide the rules on their land.
Don't care. Smoking isn't good for you.
     View Results