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Function of Juries & Jury Nullification | 22 Jan 2014

-Jail Sentence Stayed in Non-Jury Conviction for Sign Ordinance Violation

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Jury BoxWe have an update to the David Mongielo jail sentence for an alleged sign ordinance violation. Mongielo was scheduled to report to jail Wednesday afternoon to begin serving a 10-day sentence delivered Tuesday for allegedly breaking a term of the conditional discharge of a previous non-jury conviction for an alleged sign ordinance violation. The town of Lockport, New York specifies jail time as the punishment for displaying a sign whose message or format changes more than once every ten minutes.

Mongielo’s second sign ordinance conviction, which constitutes the supposed violation of conditional discharge, was also delivered by a judge, but was overturned because the defendant was not afforded the option of a jury trial. Nonetheless, based on this alleged second violation, a judge sentenced Mongielo to ten days in jail for the original offense. Mongielo was was scheduled to report to jail to begin serving that sentence today. However, that sentence has been stayed by another judge pending appeal. Mongielo also confirms the stay on his Facebook page.

Mongielo granted stay of sentence

Niagara County Judge Matthew J. Murphy III granted Mongielo a stay Wednesday afternoon, putting off the 10-day sentence that the Town of Lockport auto shop owner received the previous night. The stay is in effect until Murphy rules on the appeal.

Frank Housh, Mongielo’s attorney, filed an appeal Wednesday in Niagara County Court. Had Murphy not granted the stay, Mongielo would have reported to the Niagara County Jail, Housh said.

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