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  • Home / Articles / City Hall Daily / City Hall Daily /  Day 2 Of DFS Trial: Rose Treasurer Advised To Get Lawyer, Complaints Over Subpoena Compliance
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    Thursday, January 14,2010

    Day 2 Of DFS Trial: Rose Treasurer Advised To Get Lawyer, Complaints Over Subpoena Compliance

    By Edward-Isaac Dovere

    Add one more potential legal problem to the mix in the ongoing lawsuit being brought against Council Member Debi Rose and Data & Field Services by Randy Mastro.

    On Thursday, Staten Island Supreme Court Judge Anthony Giacobbe sent Rose’s treasurer, David Thomas, off the stand, following Thomas’ testimony in court on Wednesday that he had no knowledge of information in affidavits he had sworn under oath to the Campaign Finance Board. Giacobbe issued an official admonition from the bench advising Thomas not to continue answering questions until he had consulted with a lawyer he hired himself.

    Thomas seemed confused by the situation, telling the judge at one point that he had thought the lawyers being provided by the campaign were his own personal lawyers. When Giacobbe informed him that they were not, Thomas expressed dismay that he would have to pay for his own representation.

    A misdemeanor charge for Thomas could be in play.

    Later, Rose campaign lawyer Henry Berger said that he did not think that the situation facing Thomas had any negative effect on the defense he was preparing to mount against Mastro’s claim that the Rose campaign received below market-rate services from Data & Field Services (DFS) which functioned as in-kind contributions.

    Referring to Judge Giacobbe, Berger said, “He just spoke to Mr. Thomas. Mr. Thomas has to deal with it.”

    Berger said that he did not believe that Thomas’ testimony had much bearing on the specific issues at play in the case, since, according to him, Thomas would not have had any knowledge of campaign management questions.

    “I think the only thing we established was that Mr. Thomas was the treasurer,” Berger said. “He deposited the contributions and wrote checks. He doesn’t know how the campaign works.”

    The files and emails meant to provided by the Rose campaign and DFS in response to subpoenas also became a point of contention in the courtroom on Thursday, with Mastro complaining that approximately 1,000 new pages of “explosive” new material were provided to him just that morning.

    In comments from the bench, Giacobbe expressed his dissatisfaction with the rate of document production, which he said had been “outrageous.” He demanded that the Rose campaign and DFS step up their efforts to comply, warning that if they miss his next deadline, “I will have no choice but to look at it as willful. If that’s the case, I will not hesitate for one second to impose sanctions.”

    In court, DFS lawyer Lawrence Mandelker disputed the idea that there was much new in the papers submitted to the court on Thursday morning. Though the new stack of papers looked much larger than the previous provided, Mandelker said, that was because the old stack was bound and the new stack was loose papers. That difference in presentation accounted for the difference in size, he claimed.

    Speaking after the court recessed, Mandelker said that the additional papers provided to the court on Thursday were “mostly overlapping documents” with those which had already been provided.

    Mandelker suggested that the extensive document request was a sign of desperation on Mastro’s part.

    “The other side has complained that they need more and more and more and more, because what they have is not supporting their case,” Mandelker said.

    Mandelker shrugged off Mastro’s claim that the new material was, indeed, “explosive.”

    “I know he thinks that he’s got explosive stuff,” Mandelker said, “but at the end of the day, he’s not going to have a case, when all the witnesses have testified.”

    Mandelker did, however, put some distance between his client and the Rose campaign in regard to their compliance with the subpoenas.

    “I don’t want to throw anybody under a bus,” Mandelker said, “but one of the complaints was, ‘How come the Rose campaign hasn’t produced very many documents?’”

    The case will return to court on Feb. 23.

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