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The following is an archived video story. The text content of that video story is available below for reference. The original video has been deleted and is no longer available.

New details in LDC case Part One

by Sean Carroll

Rochester, N.Y. --- One defendant is asking for all the charges against him to be permanently dismissed.  Court papers also reveal the details of interviews with two other defendants.

The criminal case involves four men, two businessmen and two former county officials, who are facing charges that include bid-rigging, conspiracy, and grand larceny.  The 25-count indictment was unsealed last month and represents a significant development in a multi-year probe led by the New York State Comptrollers Office at first, and then the New York State Attorney Generals Office.

The initial audits and subsequent criminal investigation focused on two Local Development Contracts (LDC) entered into by Monroe County.  Upstate Telecommunications Corporation (UTC) is one LDC that was formed to handle many of the counties IT and communications requirements.  Monroe Security and Safety Systems (M3S) was another LDC formed to handle upgrades and maintenance to public safety systems in the county.

Both LDC contracts were later assigned to the same firm, Navitech Services Corporation.  John Maggio, the founder of Navitech and an accountant by trade, was one person indicted. 

Daniel Lynch, the founder of Treadstone Development Corporation and a former Siemens Technology Executive was also indicted.  Monroe Countys former Information Services Director, Nelson Rivera, and Robert Wiesner, the husband of Monroe County Executive Maggie Brooks were also indicted.

Drop Wiesner Charges With Prejudice

Thats the argument Robert Wiesners lawyer made to the judge in motion papers filed in advance of a December 18th court appearance.  Wiesner was named in two counts of the indictment for charges that amount to bid-rigging.  The Attorney Generals Office has publicly stated it will drop the current charges against Wiesner due to a legal oversight that prevented him from having the right to testify in front of the grand jury that indicted him.

But Wiesners lawyer, James Nobles, is not satisfied with that and in motion papers he argues the charges against his client should be dismissed with prejudice meaning they could not be re-presented.

Nobles argues that Wiesner, 66, has served the community for 38 years; first as a Rochester Police Officer for 33 years, and then as the Director of Security at the Monroe County Water Authority.  He states that with no criminal record his client would not likely face any jail or prison time even if he were one day convicted of the charges he currently faces.

The motion papers also accuse the AGs Office of intentional and direct involvement in creating the perp walk last month that was captured by all local media.  Nobles makes mention of the press release that alerted media a day in advance where video of the defendants could be captured prior to the unsealing of the indictment.  He further argues that the perp walk was done without any warrant and was illegal because the defendants did not need to be in custody.

An Attorney Generals Office Spokesman declined to offer any comment at this time.

Presiding Judge Robert Noonan will address this and any other motions when all defendants return to court next week.

To see the 6 p.m. report, click here.

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