Judge questions if parties in Greece suit are lying to him
A federal judge wants to know if someone is lying to him in legal fisticuffs arising from a former town worker’s claims that Supervisor Bill Reilich had him work thousands of hours of unpaid labor.
U.S. Magistrate Judge Mark Pedersen has asked the lawyers for the Town of Greece and for the town’s former employee, Robert “Bobby” Johnson, to submit papers explaining how they are offering polar opposite versions of a significant question: Did a town board member provide information to Johnson and his lawyers?
The answer, if there is proof of dishonesty, could also lead to sanctions.
“I do not approach the subject of sanctions with any enthusiasm,” Pedersen wrote in a recent order. “I hope that it turns out that no party has lied.”
As the Democrat and Chronicle previously reported, town attorneys took the unusual step of subpoenaing the contents of the telephone of a town board member, William Murphy.
Town lawyers contended that Murphy had been in contact with Johnson’s lawyers, and may have provided information that should not be shared with the Johnson attorneys.
However, as the Democrat and Chronicle reporting said, Murphy responded in an affidavit that he had not met with Johnson’s lawyer, Maureen Bass, nor had any discussions with her. Clearly both versions can’t be true. Karl Sleight, an Albany-based attorney representing Greece, said at a recent court session that there is “evidentiary support” for the town’s claims. Pedersen has asked that the town file papers outlining what that corroborating proof is.
Similarly, Pedersen wants Bass to answer whether she tried to communicate with Murphy.
Town attorneys also sought what is called a “litigation hold” on Bass’ phone, which would prohibit her from deleting info or texts. They claimed there could be information outside the attorney-client privilege of consequence. Lawyers with Bass’ firm, Abrams Fensterman, LLP, have argued that the request is harassment.
In his order, Pedersen also directed the town attorneys to demonstrate why the litigation hold request was something other than an effort “to harass, cause unnecessary delay, or needlessly increase the cost of litigation.”
Pedersen has even offered the lawyers a “safe harbor,” a deadline of May 16 for a chance to back away from previous claims. Otherwise, they must answer the questions he posed.
Johnson is the town’s former deputy commissioner of public works. He alleges that Reilich and former Deputy Supervisor Michelle Marini had him do personal work for them as well as thousands of hours of unpaid labor.