Niagara Gazette — "He wants a jury trial," Housh said.
The second issue is Tilney stating he believed Murphy's earlier ruling indicated a jail sentence is appropriate. Housh said the law says a sentence is only up to the sentencing judge.
The third issue is related to the motion Housh filed at the hearing Tuesday night. The motion asked Tilney to recuse himself because of a perceived political bias. Mongielo was the Conservative Party candidate in the 2013 election for Lockport town supervisor, which he lost to Marc R. Smith.
On Tuesday, Tilney dismissed a recuse motion from Housh, saying it was based on opinion and not fact.
A date to hear Mongielo's appeal has not been set yet in Murphy's court, Housh said.
In his other court battle, Mongielo will return Feb. 25 to Lockport City Court to stand trial on charges stemming from his June 27 arrest at a Lincoln Avenue traffic checkpoint, on the city-town border. Mongielo was ordered out of his car and 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.Contact reporter Joe Olenick at 439-9222, ext. 6241, or follow him on Twitter @joeolenick.