Federal Magistrate Judge Accuses 2 Prominent Lawyers of Ethical Lapses During 'Festival of Perjury'
A federal judge has accused two prominent New York lawyers of ethical lapses during what he had previously described as a “festival of perjury” related to a convicted criminal’s appeal in a 1993 double-murder case, reports the Utica Observer-Dispatch.
At issue in the appeal, which seeks a new trial for Vincent Pepe, is whether lawyers George Aney and Joseph Hobika Jr., who chairs the Utica Republican Committee, had conflicts of interest in representing him years ago.
In a 78-page ruling yesterday, Judge Victor Bianchini recommended that Pepe be denied a new trial and castigated the two attorneys concerning their testimony in a September 2008 hearing. “This court believes that Hobika and Aney were untruthful,” wrote Bianchini, adding: “Their demeanor evidenced a casual disregard for the truth and their testimony was transparently tailored to avoid responsibility.”
Complaining of their “evident lapses in professional responsibility and potential criminal conduct,” the magistrate judge both called for Chief Judge Norman Mordue of the Northern District of New York to investigate and referred the matter to the Attorney Grievance Committee of the New York Appellate Division, Fourth Department, the newspaper reports.
The two lawyers today denied any wrongdoing and said they had told the truth during the 2008 hearing.
“I feel that ethically I cannot comment at all, other than the fact that I’m anxious for the matter to be reviewed as recommended in the decision,” Aney told the Observer-Dispatch. “I know what the truth is, and it will be enlightening when the other judicial entities review it.”
Bianchini also complained about the conduct of a deputy state attorney general. The AG’s office said it intends to respond in a court filing supporting the prosecutor.
Related coverage:
Observer-Dispatch (Jan. 2011): “Attorneys’ ethics questioned as judge reviews 1993 mall murders”
Observer-Dispatch (Jan. 2011): “Conflicting stories”
Observer-Dispatch (Jan. 2011): “Riverside Murders”
