LOCKPORT – David J. Mongielo’s third trial on charges of violating the Town of Lockport ordinance against flashing signs probably won’t occur until 2014 with a new judge.
Justice Raymond E. Schilling, whose term expires Dec. 31, ruled Tuesday against a defense request for a change of venue, and also rejected Mongielo’s claim of selective prosecution. But defense attorney Frank T. Housh said other commitments, chiefly a lengthy U.S. District Court drug trial slated to start Dec. 10, probably will prevent him from being available for the Mongielo case next month.
“I see it going into next year,” Town Prosecutor Bradley D. Marble said. “The commissioner of jurors wants three or four weeks to get everybody together, and Frank has that federal trial.”
Mongielo, who has a LED sign outside his Robinson Road auto repair shop, has been convicted twice of violating the law that bars signs that change format more than once every 10 minutes. But the convictions were overturned on appeal because he was not offered a jury trial.