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?