Tonawanda News

Local News

August 15, 2009

NIAGARA FALLS: Anello given extension, Anderson sentence delayed

A U.S. District Court judge has given former Niagara Falls Mayor Vince Anello more time to appeal a ruling that dismisses an effort to have public corruption charges against him thrown out.

Judge William Skretny also further delayed sentencing for Tuscarora businessman Joseph Anderson, who had already pleaded guilty to a charges in the Anello case and is cooperating with federal prosecutors.

At a hearing during the last week of July, government lawyers said Anderson was “still cooperating” with them and asked for the delay. A status conference on Anderson’s sentencing has now been set for Oct. 29.

Anderson pleaded guilty to a single count of scheme to deprive in November and is currently free on his own recognizance. The same day Anderson entered his plea, Anello was indicted by a federal grand jury on single felony counts of conspiracy, obstruction and two counts of scheme to deprive.

The charges against the former mayor stem from his dealings with Anderson and focus on three “loans” that Anello received from him. Anello has claimed the checks represented “interest-free loans” from Anderson to his electrical contracting business.

Prosecutors charge that Anderson gave Anello the “loans” so he could become “a player” in development projects in the Falls.

Two weeks ago U.S. Magistrate Judge Jeremiah McCarthy recommended that Skretny deny requests from Anello’s defense team to dismiss the charges against him on constitutional grounds. McCarthy also rejected arguments that prosecutors failed to properly lay out their case against the former mayor in the grand jury indictment.

In a brief filing with the district court, Anello’s lead lawyer Joel Daniels, asked for an additional 30 days to file his objections to McCarthy’s recommendations to Skretny. Daniels said there were “various reasons” for the request.

Skretny gave Daniels until Sept. 17 to make his filing.

“We expect to file by then,” Daniels said in a brief conversation on Friday.

Daniels had argued the charges against Anello should be dismissed because prosecutors failed to show that the former mayor broke the law in laying out their case in the indictment.

Prosecutors said they didn’t have to prove anything until Anello faces a jury.

The government lawyers contend that three “loans” Anello received from Anderson, totaling $40,000, deprived “the city of the intangible right of the honest services of a public official” because he took the loans while Anderson was doing business with the city.

Contact reporter Rick Pfeiffer at 282-2311, ext. 2252.

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