Niagara Gazette

Local News

December 8, 2013

Latest Mongielo court motion is denied in Lockport

LOCKPORT — David J. Mongielo will return later this month to Lockport City Court after denial of his motion Wednesday to dismiss charges from his traffic checkpoint arrest, then face sentencing in January for his violation of the Town of Lockport's sign ordinance.

At a city court hearing Wednesday, Lockport City Court Judge William Watson dismissed an argument by Mongielo's attorney Frank T. Housh questioning the legality of the June 27 city police checkpoint.

Mongielo is to return Dec. 16 to city court, at which point he will either agree to a plea or receive a trial date. It's also possible he could file an appeal with Niagara County Court and obtain a stay of the trial, Housh said after court.

Housh said there hasn't been any discussion of a plea, but they are open to ending the matter reasonably.

"My client and I are anxious to find a reasonable disposition,” he said but then added, “We believe my client didn’t commit a crime.”

Back on June 27, Mongielo objected to a traffic checkpoint on Lincoln Avenue on the city and town border and was ordered out of his car. Mongielo was reportedly thrown to the pavement by officers who arrested him on a variety of charges, including resisting arrest and using a cellphone while driving. Mongielo has said he was using the phone to shoot video of the officers.

He tried to file a police brutality suit without an attorney, but it was dismissed by State Supreme Court Justice Catherine Nugent Panepinto on Nov. 14 because the officers weren’t properly served with the papers.

Housh said he disagrees with Watson's ruling, but would have to review it before deciding how to proceed. He said traffic checkpoint was unconstitutional, citing a U.S. Supreme Court case that said such traffic stops have to be specifically for traffic safety and documented.

Text Only | Photo Reprints
Local News
Featured Ads
Seasonal Content
House Ads
AP Video
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 Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US Raw: Air Algerie Flight 5017 Wreckage Virginia Governor Tours Tornado Aftermath Judge Faces Heat Over Offer to Help Migrant Kids Kangaroo Goes Missing in Oklahoma More M17 Bodies Return, Sanctions on Russia Grow
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

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