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Judge upholds subpoena of Burke councilman
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A Burke town councilman who has contracted with a wind energy developer to lease some of his land will have to give a grand jury his communications with several wind energy companies, having lost his petition to squash the subpoena.
David Vincent of Burke will now have to appear before and turn records over to a grand jury investigating “allegations of possible criminal conduct in the siting of wind farms in Franklin County,” according to a ruling issued Wednesday by state Supreme Court Judge David Demarest.
The subpoena was issued March 24. According to county Assistant District Attorney Jack Delehanty, who handled the case because District Attorney Derek Champagne was named in the proceedings, Vincent will be required to appear later this month.
“Petitioner has been linked to a developer through a search of public records and it would appear that any writings that he might possess in relation to that transaction could have relevancy to the overall investigation,” Demarerst wrote.
The Malone Telegram reported in late January that court filings showed Burke Councilman Arnold Lobdell had ties to Jericho Rise Wind Park LLC and Vincent had ties to Noble Chateaugay Windpark LLC. Champagne announced in early April that a three-month-long investigation had revealed documents showing relationships between elected officials and third parties that, if coupled with some official decisions regarding the wind towers, could be construed as bribery of a public servant or official misconduct.
Delehanty refused to say whether Lobdell has also been subpoenaed or appeared.
By Nathan Brown
Enterprise Staff Writer
8 May 2008
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