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Judge nixes effort to quash grand jury subpoena
FRANKLIN COUNTY PROBE: Member of Burke Town Council must turn over business documents
By JAMES R. DONNELLY
TIMES STAFF WRITER
THURSDAY, MAY 8, 2008

MALONE — A Burke Town Council member who has signed an option to sell land to the developer of a proposed wind energy project must honor a grand jury subpoena for all documents related to his business dealings, a state Supreme Court judge has ruled.

Judge David R. Demarest, in a three-page decision, denied an attempt by David Vincent to quash a subpoena issued earlier this year by Franklin County District Attorney Derek P. Champagne as part of an ongoing grand jury investigation into allegations that Franklin County officials have misused their positions and violated state ethics laws during dealings with wind farm developers.

The contested subpoena sought copies of all "correspondence, E-mails, contracts, receipt, leases, easements, purchase agreements, options or communications" between Mr. Vincent and representatives of four separate developers over the past three years.

Represented by attorney Brian P. Barrett, Albany, Mr. Vincent alleged the subpoena was issued in bad faith, violated his constitutional rights against self-incrimination and was actually a "fishing expedition" seeking unrelated information. Judge Demarest, ruling Monday, rejected the arguments.

As a result of the ruling, the grand jury investigation will continue, according to Assistant District Attorney John D. Delehanty.

The grand jury is scheduled to meet again May 15.

"It is anticipated that the investigation will, at that time, continue," said Mr. Delehanty. Between now and then a new subpoena for Mr. Vincent's records will most likely be issued, he said.

To date, no indictments have been issued but Mr. Champagne has recommended that Franklin County legislators create a Board of Ethics to offer advisory opinions and advice to towns, villages, schools and other agencies.

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