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May 31, 2007
Ethics commission puts off Montalbano case
PROVIDENCE -- The state Ethics Commission this morning put off indefinitely its trial-like hearing on the ethics case against state Senate President Joseph Montalbano, issuing a stay but not taking up a request by Montalbano's lawyer that the case be dismissed.
The decision came after hearing a number of consitutional arguments from Montalbano's lawyer, Max Wistow.
There are eight charges against Montalbano, all related to his votes last spring supporting a referendum on the proposed West Warwick casino and his legal work for the Town of West Warwick.
Four of the charges stem from his votes in the Senate committee handling the casino legislation and later on the Senate floor. Those charges accuse him of having a substantial conflict of interest when he voted and of not filing statements disclosing the potential conflict of interest between his work for the town and his votes on the casino legislation.
The other four charges stem from his failure to disclose his work for the town in financial statements filed with the Ethics Commission.
-- projo.com staff writer Michael P. McKinney, with reports from Journal staff writer Bruce Landis
Last week, a motion filed with the Ethics Commission by Wistow asserted that federal and state court rulings based on the federal and state constitutions give Montalbano and other legislators protection against prosecution based on their votes.
Wistow has also demanded a jury trial in court for his client rather than the adjudicatory hearing before the Ethics Commission that decide ethics cases now.
Posted by Mike McKinney
at 12:59 PM | Permalink
Greg | May 31, 2007 1:16 PM link
George | May 31, 2007 4:28 PM link
Buddy | May 31, 2007 7:15 PM link
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And all it took to determine that the Ethics Committee was totally toothless and ergo pointless was for someone to say "Okay. I want a trial by jury"? And their response was "Ummm... We'll be hiding in the closet if anyone is looking for us. Please continue to sell your services to the highest bidder, Joe."