White Plains, NY, NY -- Sixteen plaintiffs shared in the jury award shy 60 cents of $8 million in which the City of Yonkers was exonerated from any liability in the freedom of the press lawsuit. The firm of DelBello Donnellan Weingarten Wise & Wiederkehr, LLP lost the suit in argument against Lovett & Bellantoni, LLP before the courtroom of the Hon. Cathy Seibel late afternoon on October 13, 2010. Judge Seibel was oftentimes solicited by counsel to maintain liability against the City of Yonkers but the Hon. Seibel denied the motion advising that Phil Amicone was personally liable for the actions he caused to take place. The argument taken against Richard Blassberg, et al, was meant to challenge the veracity of the written allegation within the pages of The Westchester Guardian in which it was written that “Sassy” performed a lap dance for Mayor Phil Amicone. Mayor Amicone denied the occasion took place. The jury did not believe him.
The jury believed the conduct perpetrated by mayoral edict, that is to deny The Westchester Guardian the ability to dispense its papers because its content offended Phil Amicone’s sensibilities was accepted by the jury and was the catalyst by which the almost $8 million in damages were awarded the former editor and the 15 other plaintiffs.
Justice Seibel did not make the jury privy to the fact that Yonkers Law100-35 was deemed unconstitutional in its written form. Judge Seibel, in agreement with counsel from both parties, believed the issue of the Constitutionality of Yonkers Law 100-35 was immaterial to the central issue before the court and jury, that is, whether the content of The Westchester Guardian was the catalyst for Phil Amicone engaging the largesse and might of the City of Yonkers to steal the blue, steel newspaper stands by which the weekly newspaper was dispensed. DPW Commissioner John Liszewski stated he was directed to remove two such newspaper stands by Mayor Amicone. The jury did not believe Mayor Amicone. In fact, Mayor Amicone perjured himself a few times.
The jury ruling is likely to be challenged within the 20 allotted days in which such a challenge may be consummated.
The Westchester Guardian Publisher Sam Zherka vowed to News 12 Westchester reporter Grace Noone that he will bring suit against Phil Amicone in favor of Yonkersites for the $1 million plus in taxpayer spent expenses to defend the illegal conduct put into action under the aegis of Mayor Amicone. Mr Zherka further advised that he would attain the best legal team available to collect the almost $8 million award.
Judge Cathy Seibel said, “ Freedom of the press is alive and well!” And so it is.
