TWO DEMOCRATS INDICTED IN TROY BALLOT SCAM CASE
LoPorto, McDonough plead not guilty to allegations of forging Working Families Party absentee ballots
 KENNETH C. CROWE II AND BOB GARDINIER STAFF WRITERS
Publication Date: January 29, 2011  Page: A1  Section: Main  Edition: Final Edition 
TROY -- A Rensselaer County grand jury indicted City Councilman Michael LoPorto and county Democratic Elections Commissioner Edward G. McDonough for forging and possessing absentee ballots in the 2009 city Working Families Party primary.

The two Democrats pleaded not guilty Friday to dozens of felony counts of second-degree forgery and second-degree criminal possession of a forged instrument.

LoPorto and McDonough were handcuffed when state troopers escorted them into the courtroom for their arraignments.

The indictments were handed up to state Supreme Court Justice George J. Pulver Jr. of Greene County at the Rensselaer County Court House. McDonough faces 38 counts of forgery and 36 counts of criminal possession of a forged instrument. LoPorto faces 13 counts of forgery and 29 counts of criminal possession of a forged instrument.

"This indictment accuses Mr. McDonough and Mr. LoPorto of criminal acts which contributed to the misappropriation of the voting rights of 50 citizens of Rensselaer County," Special Prosecutor Trey Smith said.

Investigators scrutinized seven other Democrats but charges were only filed against LoPorto and McDonough. Smith would not discuss the possibility of charges against others but said the investigation is continuing,

The grand jury assigned to the case ended its work Friday. Another grand jury could hear testimony if Smith moves forward against the others.

LoPorto and McDonough were released without bail after their brief court appearance.

"Mr. LoPorto entered a plea of not guilty this morning, ending the first phase of this case that played out in the media," said Michael Feit, LoPorto's attorney. "Now we will go to the second part of the case before the court where the facts will come out."

A grinning LoPorto, 58, stood at Feit's side but did not speak.

McDonough, 47, and his attorney, Brian Premo, left the courthouse through a back door.

Smith said the defendants could serve a maximum of 10 to 20 years each if convicted and sentenced consecutively on the charges.

Contacted later, Premo said, "Mr. McDonough committed no crime."

Persidia Sanchez, whose absentee ballot application was allegedly forged, said she was "very, very glad" that the grand jury returned the indictments.

The pending court case is not expected to immediately impact LoPorto's role on the City Council and McDonough's work at the county Board of Elections.

"I have discussed the issue involving the Democratic elections commissioner with the minority leader, and we will continue to monitor the situation and ensure the Board of Elections operates smoothly," said County Legislature Chairman Martin Reid, R-Sand Lake.

"How it's going to affect the city, I don't know. It's been going on so long people have become tone deaf to it," said Councilman Bill Dunne, a Democrat.

Republican Councilman Mark McGrath said he would ask the state Attorney General's Office to check on LoPorto's status as a councilman since his address was listed in Brunswick by the State Police instead of in Troy.

"It's a black eye to the entire city of Troy," McGrath said regarding the indictments.

County Democratic Chairman Thomas Wade pointed out that in the 2009 elections, when the absentee ballot scandal became public, Democrats took seven of nine City Council seats and unseated five city Republicans on the County Legislature.

"People in Troy are accustomed to knowing their neighbors and the quality of care the Democratic party produces. I have confidence in Troy voters," Wade said about the city elections this year.

The State Police investigation was carried out over the last two years.

The men are accused of systematically forging signatures on absentee ballots at either the county office building or somewhere in the city during the buildup to the Sept. 15, 2009 Working Families Party primary. Many of the questionable ballots were filed under the names of students and some of the city's poorest residents, many who live in Troy Housing Authority apartments.

"Many are the less fortunate of Rensselaer County. A good number do not speak English as a first language and have difficulty communicating in English. One is deaf and can communicate effectively only in sign language," Smith said describing the victims.

The scandal was exposed by the Times Union in a Sept. 25, 2009 article that quoted a number of voters who were mystified to learn ballots were cast in their name during the primary.

The indictments resulted from an investigation launched in October 2009 by Smith after allegations arose that Democrats were forging voters' signatures and casting fraudulent primary ballots.

The probe targeted nine Democrats, but only LoPorto and McDonough have been charged.

The seven other Democrats are Councilmen Kevin McGrath, Gary Galuski and John Brown; City Council President Clement Campana; City Clerk William McInerney; and political operatives Dan Brown, who is John Brown's brother, and Anthony DeFiglio, a former Troy Housing Authority clerk.

McGrath and DeFiglio testified before the grand jury, which heard witnesses for six days and deliberated an additional day.

County Board of Elections workers from the Republican and Democratic parties also testified, as did the deputy city clerk, voters and a State Police investigator.

All nine Democrats had to submit DNA samples to State Police.

For the McDonoughs, this is the second time in 20 years that a family member has been indicted. McDonough's father, the late Rensselaer County Democratic Party Chairman Edward F. McDonough Jr., was indicted by a federal grand jury, convicted and sentenced to federal prison in 1994 for a municipal insurance kickback scheme that brought him $637,000.

In addition to serving as the county Democratic elections commissioner, an office to which he was recently reappointed, McDonough is a Lansingburgh Central School District Board of Education member.

LoPorto, a first-term city councilman, operates LoPorto Ristorante Caffe, a popular Italian restaurant at 85 Fourth St. in downtown Troy. LoPorto's two-year term expires at the end of the year.

Reach Crowe at 454-5084 or by e-mail at kcrowe@timesunion.com.

Caption: Michael LoPorto, left, and Edward McDonough Jr. appear Friday in Rensselaer County Court in Troy to face forgery and other charges after a grand jury investigation of voter fraud allegations.

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Photos by Skip Dickstein/Times Union

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Skip Dickstein/Times Union

Troy Councilman Michael LoPorto, third from left, appears Friday with co-defendant Elections Commissioner Edward McDonough Jr., right, before state Supreme Court Justice George J. Pulver Jr. to plead not guilty to counts in a ballot fraud case.
 
 
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Keywords:
LOPORTO, COURT, MCDONOUGH, COUNTY, GRAND, TROY, BALLOTS, JURY, DEMOCRATS,
 
Create Date:January 29, 2011
Input Date:January 29, 2011 3:7
Date last Output: January 29, 2011
Publication Date: January 29, 2011
 
Byline:KENNETH C. CROWE II AND BOB GARDINIER STAFF WRITERS
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Headline:TWO DEMOCRATS INDICTED IN TROY BALLOT SCAM CASE
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