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January 24, 2011 - 7:47pm

Attorney for Charvella seeking change of venue again

posted by Howard B. Owens in politics, crime, Le Roy, Chris Charvella, Jay Grasso.

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.

Bob Harker
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Is Grasso still pursuing this? Can't he call a stop to it? I'm willing to bet that if he asked the DA to drop it he would do so. Between this and his blatant attempt to cover his derriere statement on the GCDEC debacle might cost him.
Daniel Jones
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Bob - In the spirit of your comment, here's a couple of quotes from Legislator Grasso himself from less than two years ago being critical of candidates for wanting oversight of IDA's. Unlike others, Legislator Grasso was privy to information via Legislator Upson about the GCEDC. "IDA reform is not necessary in Genesee County and when I hear Mesi and Ianello promote this bad idea....riles me up a bit. They should research areas that they wish to represent!" "Does Mesi know that in Genesee County we hold our IDA accountable. Does he even know what the IDA in Genesee County is called? Not likely." http://thebatavian.com/blogs/philipanselmo/prepping-primary-joe-mesi
RICHARD L. HALE
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Add this case to the Corona case, add the Energizer Bunny, and they keep going and going and going.......
Peter O'Brien
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Good to see the justice system is so accommodating to the local politicians. Sounds like they should just let Cleveland hear it and then appeal if necessary.
This is a waste of time and money. Back when I was in grade school, if two kids were calling each other names, the teacher would sit them out of recess for the day. Then if that didn't work, they would call their Mommy and Daddy. Maybe we should let my kid's first grade teacher handle this?
Julie A Pappalardo
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I'm with Phil. This is a waste of bandwidth. Back to the sandbox with them!
Chris Charvella
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This thread is now about really bad movies. I humbly submit: Kazaam http://www.imdb.com/title/tt0116756/
Peter O'Brien
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Anything to get the attention off your bad decisions huh?
Chris Charvella
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No, I just can't talk about the case and since everyone here seems to agree that it's a waste of time I thought it would be fun to talk about bad movies involving Shaq. Man, jokes just aren't as funny when you have to explain them to people.
Peter O'Brien
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I'm glad you are taking this seriously. I don't find it a waste of time.
Bob Harker
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Hey Chris - run again and get this guy out of office. As a republican myself, you and I don't often agree politically, but I respect your views. He's made a complete ass out of himself on this and other issues.
Chris Charvella
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I'd have to move to LeRoy for that and the rent there is too damn high.
Bob Harker
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There's our new party name! Catchy! See you in Leroy!
Michele Case
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Peter, I find it a complete waste of time as do many others. I am sure Chris has had many chances to rethink posting his comment, since he is made to go through the injustice system and pay the price. I am a Republican as my family has been for 200 years (poor farmers, not rich!) but I am on his side with this. He had every right to post what he did and while the two of them doing their political banter became a bit childish on both sides, there was no reason for Chris to think he would be in this kind of trouble for it. I defend his right to free speech! The charges are rediculous and are not in line with a threat of any kind. I have met Jay Grasso and think he is a decent guy (nothing to do with politics) but taking this to this extent was a real bad decision and I can only shake my head. He was in law enforcement and he knows the DA never dismisses anything. I am willing to bet Jay is thinking long and hard about his angry reaction NOW. As for the first comment (by Bob Harker), I am not sure Jay has any ability to "drop the charges" once it went into the DA's hands. I know in a situation I was in the school admitted being wrong but the DA office won't just walk away, they have the resources to make a case against you regardless and will search for anything in your past to make you look bad, even if it is just an allegation and never proved. I just couldn't afford to fight anymore. I know this will likely cost Chris $5000 to $10,000. Chris: If you take some kind of deal such as ACD, even if you have to work some community service it might be worth it...thats what I did and the community service is no more than what I was doing voluntarily before! Nobody would blame you, I know I wouldn't. That is why I call it the Injustice system. Look close, Lady Liberty is holding the scales of justice...and they are not equal!
Peter O'Brien
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Michele, The part of me that puts it over the edge is the phone call. It's one thing to write something on your personal blog (which I view as a personal journal). Its another to call someones house in a harassing manner.
Michele Case
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Yes, Peter... it is always a bit risky to make a phone call, but if all he did was say "Thanks for reading my blog" I find it hard to equate this with harassment. My crazy neighbor yells profanity at me, my contractors, my friends and visitors, even at complete strangers and there is nothing anyone can do legally about it according to the Sheriff Dept. I call that harassment!
Michele Case
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So the 2 judges decided which one would take the case but then... "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." So why would it not be heard by Judge Tom Williams who is an attorney? Why move it again?
Kevin Squire
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This whole thing is a joke and an abuse of our system. What is to be gained by the pursuit of this obvious differences between two people. Let them go head to head in a public forum and save the taxpayers some money!!!

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