A corrupt judge does not carefully search for the truth – Horace

April 14, 2022

Kingston, NY – Events surrounding a botched public hearing suggest that Judge Richard Mott finessed a public relations coup for Team Kingstonian by scheduling a new hearing to coincide with the crest of an upcoming Covid wave. The judge refused to order a hybrid meeting, and predictably, one side stayed home rather than risk illness by attending in person.

The problem started when a Dec. 2 hearing about the Fair Street Extension closure, held in City Hall but with public comment delivered remotely, was marred by technical problems, with audio signal failing entirely for many speakers.

The next day, rival property owner Neil Bender’s attorney sent a letter complaining about the hearing. Then, on Dec. 6, Bender filed a lawsuit alleging the hearing was deficient, with Kingston School Board president and local resident James Shaughnessy filing an affidavit in support.

Despite the lawsuit, Kingston’s Corporation Counsel delivered an opinion at the Dec. 7 Common Council meeting that the hearing was adequate, and the Common Council voted to close the street.

In response to the lawsuit, Mott presided over a stipulation that rescinded the vote and called for a new hearing to be held in person. But he didn’t require that it be hybrid, and at the time of the stipulation, Dec. 13, 2021, it was clear that another Covid wave was on the way.

By Dec. 16, a Slack channel devoted to local affairs contained posts wondering if the stipulation was a ploy to discourage opponents from attending. Also on Dec. 16, Kingston’s Corporation Counsel Barbara Graves-Poller floated a trial balloon in this leaked email, rewriting the stipulation to read that the Jan. 12 hearing be “in-person only.” In reality, the stipulation reads “in-person,” not “in-person only.”

Sure enough, Omicron crested a month later, perfectly timed to keep opponents away from the repeat hearing on Jan. 12. Project supporters came out in droves, enabling Team Kingstonian to crow about overwhelming community support.

So many speakers originally signed up that time slots were filled until about 11:30 p.m. But many project opponents weighed their Covid risks and decided against attending in person, so the meeting ended at 9:35 p.m., about two hours ahead of schedule. Adding insult to injury, community members who tried to avoid Covid by not being present for the entire meeting yet arrived after 10 p.m. to speak at their allotted time slot found the building closed and never had their say.

It was unclear why the auditorium, at the George Washington Elementary School in Kingston, wasn’t set up for hybrid meetings. James Shaughnessy, the school board president, who is familiar with the infrastructure in Kingston schools, said the auditorium was capable of supporting remote participation. “We probably have more bandwidth than the rest of the city combined,” he said in this HudsonValleyOne article.

• Dec. 2 – Public hearing where many can’t be heard.
• Dec. 3 – Rival developer Neil Bender sends this letter.
• Dec. 6 – Bender files suit.
• Dec. 7 – Shaughnessy files affidavit in support of Bender’s suit.
• Dec. 7 – Common Council votes to close Fair Street Extension.
• Dec. 13 – Stipulation is signed calling for in-person meeting on Jan. 12.
• Dec. 16 – Kingston’s Corporation Counsel falsely asserts that the Jan. 12 hearing be “in-person only.”
• Dec. 27 – Attorney Wayne Thompson asks for hybrid meeting.
• Dec. 29 – City Corporation Counsel Barbara Graves-Poller replies it is impossible.
• Jan. 4 – Online petition garners 218 signatures calling for a hybrid meeting.
• Jan. 5 – Thompson petitions Mott for hybrid meeting or postponement. Mott refuses.
• Jan. 7 – Thompson appeals. Appellate Court refuses to accept petition.
• Jan. 12 – Meeting takes place.
• Feb. 11 – Common Council votes to close Fair Street Extension.

[Ed. Note: I attended the Jan. 12 meeting and prepared the following public comment. Afterwards, I sent this email to the New York State Committee on Open Government. Within the hour, I received this reply. It is worth noting that Gov. Hochul has embraced her predecessor’s economic development policies, which favor real estate and other campaign donor interests. Please see Personal Statement for further explanation on the extent of my involvement in the long-running Kingstonian boondoggle.]