Buffalo, N.Y. (WBEN) - Erie County Court Judge Kevin Carter says he will reach a decision within two weeks regarding a motion calling for the removal of District Attorney John Flynn as a prosecutor from the rape allegation case against former Erie County Democratic Chairman and operative, G. Steven Pigeon.
Pigeon's defense team, led by Rochester attorney James Nobles, argued in court Tuesday afternoon in favor of their motion for a special prosecutor for further proceedings in place of DA Flynn, which the defense accuses of having conflicts of interest and has prejudicial feelings towards Pigeon.
Nobles points to a December 2021 press conference the district attorney held following the indictment of Pigeon, and claims that the "tone and context" of the press conference shows prejudice in addition to the fact that Pigeon, who once held political clout in most levels of government, failed to support his candidacy for several positions Flynn was running for, such as his runs for DA in 2008 and 2016.
Assistant District Attorney Cathleen Roemer argued before the judge, "It seems to be a recurring theme, this defendant thinks everybody is out to get him, and that's just not true."
She says that there was no misconduct or impropriety and that arguments are "inaccurate" and the "defense has failed to show prejudice." The case was handled like any other.
"We're simply doing our jobs," Roemer adds.
Attorney Terry Connors tells WBEN motions requesting special prosecutors are rare.
"And the granting of the motion is even rarer, because you have to establish this to sufficient firsthand knowledge [and prove] that there is a demonstrable bias, that the professional judgment of the prosecutor has been affected, and that there has been some loss of due process under law for the defendant.
Those are all terms that are guaranteed by our Constitution, but they have to be substantiated. They have to be proven they have to be established to the satisfaction of the supervising judge. That's a huge burden."
62-year-old Pigeon was charged with six counts total, which include two counts of predatory sexual assault against a child, one count of rape in the first degree, one count of sex abuse in the first degree, one count of criminal sexual act in the first degree, and one count of endangering the welfare of a child.
If this rare motion were to be approved, this would prolong proceedings even further.
"There would be a substantial delay for another prosecutor to come in and review the evidence and be in a position to prosecute the case," says Connors.
