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Thursday, November 4, 1993


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Free speech demonstrators arraigned in Monticello
New court papers backdated by police
MONTICELLO - Three of five defendats known as the "Monticello Five" appeared before Thompson justice Perry Meltzer on October 28 to answer criminal charges arising from their arrest by Monticello police for carrying protest signs during the summer.

Mary Marino of Monticello, Glenn Pontier of Narrowsburg and Charles Stephenson of North Branch were charged with disorderly conduct, a violation, after they brought their signs to the village hall on August 2. The three were denied entrance into a public hearing of the village and then arrested.

Carmen and Thomas Rue of Monticello were arraigned on the same day before Thompson justice Burton Ledina in September.

The three defendants expressed concern that a different written explanation of the charges against them, backdated to the time of their arrest, had been mailed to them by Meltzer on October 13.

The arraignment became contentious after the defendants asked to be arraigned on the information originally given to them by Monticello police chief Michael Brennan on August 2.

Stephenson told the judge that the cjharge given him on the night of his arrest -- which he had carried in his wallet since then -- was the only one which he recognized. When the judge insisted that a plea be made on the new paper, Stephen's attorney, Steven Katz of Liberty, offered a plea of not guilty on his behalf.

Marino's lawyer, Loran Shlevin of Cochecton, and Pontier, representing himself, continued to cite legal problems with the newly filed papers. They argued that three different documents, each called an "original information" but containing varied facts as well as conflicting dates, had been created without following the criminal procedure law.

Meltzer rejected all further arguments, stating that it was his court and he would do what he wanted. After Marino and Pontier refused to enter pleas on the questional paperwork, Meltzer entered not guilty pleas on their behalf.

The case had been sent to Thompson justice court by county judge Anthony Kane after Monticello justice John Diuguid removed himself because of a conflict of interest.

The Monticello Five were carrying cardboard signs with messages such as "Musical Chairs," "Do the right thing" and "Taxation without legal representation -- shame on you" -- referring to a March 1st job switch of village officials.

Following a secret February meeting, village justice Mark Schulman was appointed to a newly created post of full-time village attorney and resigned as justice. Mayor Diuguid was then named justice and resigned as mayor. Trustee Bob Friedland was then appointed as mayor. His trustee post was filled by Gladys Walker who resigned as assessor, whil his deputy mayor job was taken by David Rosenberg.

The power switch was timed to avoid voter approval of the elected positions until March 1994.

The defendants are all members of the Sullivan County Action Coalition, which supports a lawsuit challenging the job switch. A court decision is pending.