Niagara Gazette

Local News

December 8, 2013

Latest Mongielo court motion is denied in Lockport

(Continued)

There was no documentation, other than copies of the tickets given out, Housh said. And a Lockport officer testified that the checkpoint was for "generalized crime control," Housh said.

In the court battle over the sign, on Tuesday night in Lockport Town Court, Justice Leonard G. Tilney Jr. took over Mongielo's case from retiring Justice Raymond E. Schilling, who has been overseeing the matter for three years.

Tilney scheduled sentencing Jan. 7 for Mongielo’s violation of the conditional discharge Schilling sentenced him to in 2010 for Mongielo’s first conviction on a charge of violating the town’s sign ordinance. The law bans electronic signs that change message or format more than once every 10 minutes.

Mongielo faces up to 15 days in jail or a fine for the conditional discharge violation. While serving that conditional discharge, Mongielo was charged with violating the law a second time in August 2011. The electronic sign in front of Mongielo’s business on Robinson Road was used to show a video advertising a fundraiser. The one-year conditional discharge would have expired the following month.

Schilling found Mongielo guilty of the conditional discharge violation on May 29, but delayed sentencing until after the trial on the second sign ordinance violation. A trial date may be set on Jan. 7.

Mongielo was convicted of that second ordinance violation in a December 2011 nonjury trial before Schilling, but in September 2012, County Judge Matthew J. Murphy III overturned the conviction, saying Mongielo was entitled to a jury trial.

 

 

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