DiPizio Lawsuit Proceedings Secret For Now
by Paul Wolf - posted 1:26 am, August 6, 2014
A few days ago I wrote about the interesting defamation lawsuit that Dipizio Construction has filed against officials of the Erie Canal Harbor Development Corporation, including Thomas Dee, Sam Hoyt and Mark Smith. Below is updated information:
Erie County Supreme Court Justice Timothy Walker issued an order barring the release of any discovery information such as video taped depositions. As reported by Channel 4 News:
In his order, Walker said the media “plays a vital role” in informing the public, which may have an interest in this public works project. He insisted that the public’s right to know “will not be subverted, but merely delayed until the trial begins.”
Attorneys for Thomas Dee, Sam Hoyt and Mark Smith said the taking of pre-trial testimony, known as depositions, is not open to the public. To do so would open the possibility that information is made public that would not be allowed into testimony by a trial judge. They also argued that release of the pre-trial information could taint a jury pool.
“There’s been a terrible injury to the public today,” Rosanne DiPizio, the company’s project manager, said of Walker’s order. She said the public will be forced to vote in November not knowing the facts since the case won’t come to trial until next year.
“The public will never get to know what happened, what didn’t happen and the cost to the taxpayer until after the election.”
DiPizio said voters in the governor’s race should have this information because Cuomo appointed Hoyt who hired others at the state agency.
“What happened here today isn’t right,” said DiPizio. “What do they have to hide?”
I guess we will have to wait and see if this case to trial.