Embattled Village of Cobleskill Trustee Bob LaPietra invoked his Fifth Amendment right against self-incrimination 100 times Tuesday as the Supreme Court hearing over whether he’s serving legally continued.
Justice John Egan Jr. promised a prompt—written—decision—giving attorneys till Christmas Eve to submit any additional memorandums of law.
“[The court] recognizes the need to issue a prompt decision and I intend to do that,” Judge Egan said.
At issue is whether Mr. LaPietra, elected in November, is a village resident.
Attempting to introduce evidence that he is not, Meredith Savitt, attorney for the village, Tuesday called Michael Spanakis, owner of the Colonial Diner and Motel at 1009 East Main Street, Cobleskill, to the witness stand.
Mr. Spanakis testified that he bought the property, which includes a diner, motel, and log cabin, more than a year ago.
Mr. LaPietra formerly owned the property.
On questioning from Ms. Savitt, Mr. Spanakis answered that since he’s owned the motel, Mr. LaPietra, who has listed it as his address, has never stayed there.
As to Ms. Savitt’s question of whether they’d ever talked about Mr. LaPietra staying there and using it as his mailing address, Mr. Spanakis said Mr. LaPietra had asked him a few weeks ago “about renting a room. I said, ‘No problem.’ That’s my business. But he never did.”
Ms. Savitt also called Daily Gazette reporter RJ Kelly to the stand in an attempt to get newspaper articles he’d written that quoted Mr. LaPietra about his residency admitted into evidence, but was unsuccessful.
Mr. Kelly is protected by the Shield Law portion of the Civil Rights Law, Judge Egan said.
The Shield Law, he said, “provides very strongly worded protection for reporters and other members of the nedia...”
Also, Judge Egan said, newspaper articles are not admissible to prove facts.
For close to an hour, Ms. Savitt questioned Mr. LaPietra about his residency, where he receives his mail, where he receives water bills, whether he talked with Mr. Kelly, and whether he lists a South Broad Street, Morris address on his library card.
To each of the 100 or so questions, Mr. LaPietra, in a weary, subdued voice, invoked his Fifth Amendment right, declining to answer.
The hearing, a continuation from December 8, ran about an hour and a half.
Also present but not called to testify was Deputy Mayor Sandy MacKay.
Additional memorandums of law are due December 24.