Charges Fly And So Do Judges

Catherine Cahill and Roger Walker, East Hampton's two Town Justices, have both declined to preside over a case of alleged harassment brought by a Montauk resident against a town employee.

Mr. Walker told The Star Tuesday that he had received a compromising telephone call from one of the two parties, while Justice Cahill, in a written statement dated June 2, said she recused herself "in order to maintain the judicial integrity of this court."

Harry Ellis of Montauk filed the complaint that led to the charge against Gilbert J. Mabry of the Town Sanitation Department. On March 8, after he objected to Mr. Mabry's telling him he could not dispose of brush at the Montauk transfer station, Mr. Mabry cursed at him, according to Mr. Ellis, and a shoving match ensued.

"Improper" Or "Innocent"?

Justice Walker told The Star that "Mr. Ellis called me at home" before a June 4 court date and talked about the case. Mr. Walker said he had advised Mr. Ellis to put his concerns in writing and send the letter to Ms. Cahill, the administrative justice, and to the Suffolk County District Attorney.

Mr. Walker called Mr. Ellis's phone call "improper and unethical," saying he felt it had compromised his position as the judge in the case.

"It was an innocent call," Mr. Ellis said in response this week. "I am the victim of a crime, and the town has lost sight of that."

Another Call?

Mr. Ellis claims Mr. Mabry's boss, David Paolelli, also telephoned a judge.

"Someone told me" Mr. Paolelli called Justice Cahill, said Mr. Ellis, who is a member of the East Hampton Town Architectural Review Board and chairman of the Montauk Citizens Advisory Committee. He declined to name the source.

"I have never spoken to any judge about this matter," responded Mr. Paolelli. "I'm surprised to hear it."

Mr. Ellis said he had in fact complained about Mr. Paolelli to Town Supervisor Cathy Lester on April 9, and had not received a response. He provided The Star with a copy of the letter.

"Mr. Paolelli has influenced, prejudiced, and compromised my criminal complaint," Mr. Ellis wrote.

"I'm appalled that the town has done nothing to follow up on a complaint by a citizen against a town employee," he added this week.

Ms. Lester said she has passed along all correspondence in the matter to the office of the town attorney, Robert Savage. Mr. Ellis also provided The Star with a brief letter he received, in turn, from Mr Savage.

"Impropriety"

Meanwhile, Justice Cahill, citing Mr. Ellis's allegations, stated in recusing herself that the "independence of the East Hampton Town Justice Court has been negatively impacted."

"The appearance of impropriety has been created by these alleged involvements of town officials, and the reporting of same in the local papers," she wrote. "Both the impartiality and the objectiveness of this judge might reasonably be questioned."

Steven J. Wilutis, the Commack attorney representing Mr. Mabry, described his client as "outraged" at Mr. Ellis's allegations and the fact that the case must now be sent to another court. He said he thought Mr. Ellis did not want the case heard in an East Hampton setting, and had achieved his objective by "unethical" actions.

A Different Court

Mr. Ellis acknowledged that he preferred a different venue, saying East Hampton Town had injected itself into the judicial process and that a trial could not be fair.

As evidence, he cited a recent Town Board offer to pay for one of three attorneys to represent Mr. Mabry. Mr. Mabry did not accept the offer, instead retaining Mr. Wilutis.

Of Mr. Paolelli's actions in the case, Supervisor Lester said, "Personally, I do not think they were improper. . . . Mr. Mabry was working as a town employee" when the alleged incident occurred.

The Supervisor said she had heard from Montauk residents who would like to see Mr. Mabry return to work at the transfer station there. While the case is pending, he is at the East Hampton recycling facility.

Mr. Wilutis said the harassment charge had no merit and that he intended to ask that the case be dismissed as soon as a new venue is chosen.