Local case goes to Supreme Court
Jan 14, 2019 12:09 am
Steve Hughes reports in the Albany Times Union that the U.S. Supreme Court will hear a case from Rensselaer County this term. Justices will consider whether Democratic Rensselaer County election commissioner Edward G. McDonough was too late filing an $8 million federal civil rights lawsuit against former special prosecutor Trey Smith in 2009. McDonough was accused of forging more than 50 absentee ballots to help Democratic candidates in city council elections, but was acquitted two times of forgery and possession of a forged instrument charges. In 2015, McDonough sued Smith, and several investigators and witnesses in the case, and Rensselaer County. McDonough alleged Smith made up evidence to use against McDonough and that, "other Democrats conspired to have McDonough take the fall and Smith went along with it as part of a political vendetta he had against McDonough." The U.S. Second District Court of Appeals said he filed his lawsuit too late, and that is what the Supreme Court will look at. The appeals court ruled that New York's statute of limitations kicked in after his first trial, while McDonough contends the clock should not have started until after his second trial. Smith's attorney, Thomas O'Connor, said, "It's an interesting case and we'll see what happens." Read the full story in the Albany Times Union.