Poughkeepsie Journal

Saturday, September 7, 2002
Ex-town attorney criticizes lawsuit

''There are multiple shots at my own integrity,'' Moore said of the suit filed Wednesday in federal court in White Plains. ''I think it's cowardly and, ultimately, a waste of taxpayers' money.''

Town Supervisor Joseph Davis would not comment on Moore's remarks except to say ''that's his opinion.''

Davis said officials believe the town's case is strong.

''We believe we have a case that would withstand the judicial process,'' Davis said. ''We're not in the business of trying to waste the taxpayers' money.''

The wide-ranging suit -- which names local businesses, former town officials and former town employees as defendants -- was filed this week in federal court in White Plains. It alleges that a scheme hatched by former town and Dutchess County GOP Chairman William Paroli Sr. fraudulently hiked the sale price of the Tucker Drive facility to $6.95 million in what the suit labels a ''sham.''

Firm called 'mercenary'

Moore, who helped negotiate the deal for the town, criticized the suit and the Albany law firm hired by town officials to file it, calling the firm ''mercenary.''

Moore said neither he nor any elected official were ever charged in a more than four-year state and federal probe into town corruption that led to Paroli's conviction and that of four former town employees.

''The FBI would have sniffed that out years ago,'' Moore said of any alleged wrongdoing by himself or former town board members who are also named as defendants in the suit.

The suit continues a saga that began more than six years ago when the town began to negotiate with Thomas and Betty Espie to purchase the Tucker Drive facility. The price eventually rose from just over $5 million to $6.95 million at closing, and repairs and other costs have since increased that figure to more than $7.5 million.

Supporters of the suit claim it could allow the town to recoup funds allegedly lost during the transaction and finally put an end to one of the most widespread corruption scandals in recent Dut-chess County history.

Town officials have said the suit could take years to litigate and cost the town an estimated $500,000 in legal fees.

The Espies, who have denied any wrongdoing, are also named as defendants in the suit along with Paroli, former town Water Superintendent Fred Andros and the estate of former Town Assessor Basil Raucci.

Contractors who worked on the project were also listed as defendants. The lawsuit alleges they funneled bribe money to Paroli, Raucci and the local Republican Party in return for being awarded town contracts for work on the facility.

The suit also names former deputy town attorney Frank Redl as a defendant.

Unfair deal alleged

The town is claiming Moore and Redl designed the lease deal to avoid having to comply with competitive bidding laws. The suit alleges the lease arrangement allowed the town to circumvent the Wicks Law, which requires competitive bidding on various aspects of municipal projects.

Moore disputed that allegation, saying the legal department worked within the law to get the deal approved and it ultimately passed muster of a state Comptroller's Office probe.

''They gave us a clean bill of health,'' Moore said.

Redl could not be reached Friday.

Moore said the lawsuit be-smirches the good names of the town board members from that time who are named as defendants.

''As a group, they were a tremendous group,'' Moore said of the board. ''It's outrageous. ... It's irresponsible is what it is.''

The suit also alleges that in the spring of 1996 the all-GOP town board and Moore met illegally at Paroli's home where the purchase price and lease agreement were discussed. The town claims those at the meeting decided the price for the building would be increased by $1.6 million.

Moore said the meeting took place and the deal was discussed but the meeting was a legal caucus of Republicans. Moore was a member of the town Republican Committee at the time, as were all the board members.

''The meetings took place from time to time quite frequently,'' Moore said of the caucuses.

Paroli declines comment

Paroli, who served federal prison time after pleading guilty to a corruption charge in 2000, has declined comment on the suit. The charge he pleaded guilty to was not related to the police and court facility purchase.

The issue of circumventing the Wicks Law appears key to the town's case.

The suit cites a July 1996 memo from Moore to the town board in which he refers to the lease agreement.

''The monthly lease figure (under the amended lease agreement) is $80,000,'' Moore wrote. ''However, in order to render the arrangement a legal one, we cannot and should not say publicly that we do not intend on paying any rental monies. In order to legally conclude this matter, we cannot publicly state that it is not our intention to lease the facility at any time, even though that is the case.''

The town is represented by the Albany law firm of DeGraff, Foy, Holt-Harris, Kunz & Devine. The firm was hired earlier this year to handle the case after Manhattan attorney Richard Pu recommended going forward.

David Kunz of the Albany firm did not return a call Friday seeking comment on Moore's statements.

The corruption scandal that led to Paroli's conviction -- and the conviction of four town employees -- led to the ouster of Republicans in 2000.

Democrats, led by then Supervisor Ann Barcher, took control of the board. Even before being elected, Barcher had for years pushed for an investigation into the purchase. As supervisor, she pushed the town to file a lawsuit.

She left office in January after one term. The GOP regained control of the town board after last November's elections.

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