Update: The Grant Case – How Long Will The Legal Travesty Go On?

As the saying goes, ”it ain’t over till it’s over.”

But the question remains. How long will the legal travesty involving community activist Betty Jean Grant continue?

On Tuesday, May 3, what her legal team thought would be the end after six months of back and forth  court  appearances – was not. 

That’s because the DA’s office insisted that Mrs. Grant take either a  plea of  guilty to a violation of trespassing or disorderly conduct.

“Our position was that she didn’t do anything wrong, and clearly nothing intentionally out of order,” said her attorney James McLeod “In an effort to resolve this matter we suggested granting of an ACD  (but did not get it) to resolve this case and dismiss it in the interest of justice.”

An ACD (which stands for Adjournment in Contemplation of Dismissal ) basically  means   as long  as the person involved does not get engage in any criminal activity for six months  (they are sometimes required to do community service)    the case  is dismissed .

Mrs. Grant, a former educator, County legislator, teacher, Council Member and Board of Elections worker, would have no problem meeting the criteria pointed out Attorney  McLeod.

The final outcome of Tuesdays proceedings noted McLeod, was that  Judge Andrew C. LoTempio would have to do a little  more research before rendering an oral decision on Ms. Grant’s motion to dismiss charges in the interest of justice,  which he will do in June.

“Why the DA is taking this hard position, we don’t know…” said McLeod.

-More Questions Than Answers- 

 Meanwhile, the DA’s office announced last week that  58-year-old Luz Pena of Buffalo was arraigned before Buffalo City Court Judge  LoTempio on one count of Unlawful Use of Pasters Upon Ballot   and one count of Unspecified Violation of Election Law   for allegedly using  a stamp to place the name of Byron W. Brown as a write-in mayoral candidate on numerous ballots in violation of New York Election Law. 

The alleged crime occurred while the defendant was working at a polling place inside of the Belle Center on Maryland Street in the City of on   Buffalo  on election day during last year’s  hotly contested mayoral election  around the same time Mrs. Grant was charged with alleged   Election Law violation.

Why did the  DAs office wait six months   to press charges against Ms. Pena while    dragging Mrs. Grant in and out of court?

Are they trying to show that Mrs. Grant’s situation is not a case of  selective prosecution?

Ms. Pena’s  felony hearing court date is May 16th    

Will they have a felony hearing or knock it down to a misdemeanor and keep it in City Court, then work out some kind of agreement with her?

Will they drag her thru the courts for the next six months?