Attorney for Charvella seeking change of venue again
The case of Chris Charvella, accused of placing an unwanted phone call to Legislator Jay Grasso, is moving back to Genesee County Court with a request that Judge Robert C. Noonan reassign the case again.
Previously, the case was moved from Le Roy Town Court to Town of Batavia because both judges in Le Roy had conflicts of interest.
Charvella's attorney, E. Robert Fussell, told Town of Batavia Justice Michael Cleveland that he and the District Attorney's Office agreed the case should be heard by a judge who is an attorney.
Cleveland is not an attorney.
Justice Tom Williams in Town of Batavia Court is an attorney.
Cleveland said that when the case was moved to Batavia, he and Williams discussed the case and decided that Cleveland would hear the case. Cleveland did not explain why they reached that decision.
Fussell will submit an application to Noonan to have the case reassigned to another town court, such as Stafford, where an attorney sits on the bench. Yet Stafford does not have two judges with a legal degree. The case could still wind up before a non-attorney judge.
The case needs to be heard by a judge who is an attorney, Fussell said, because of the Constitutional issues involved in the case.
Charvella is charged with harassment, 2nd, under the provision of the law that prohibits phone calls for no legitimate purpose.
After some back-and-forth between Charvella and Grasso prior to the last election -- in which Charvella reportedly wrote that he would shove some campaign signs up some people's rear ends -- Charvella called Grasso's house and said, "Thanks for reading my blog."
Grasso, who represents Le Roy, contacted State Police and had Charvella arrested on the harassment, 2nd, charge.
For previous coverage, click here.