by Bea Peterson
Shortly after noon on Saturday, January 31, the six jurors in the case of the State of NY versus Keith Cipperly found him guilty of Falsifying Business Records in the second degree and Official Misconduct. Both are misdemeanor charges. [private]After their decision the jurors were polled and all agreed with the verdict – guilty. The trial was held before Judge Jaime Thomas in the Schaghticoke Town Court. It began on Friday morning, January 30.
After the decision was heard Judge Thomas adjourned the case until Thursday, April 13 at 6 pm to give him time to review recommendations. Cipperly faces fines and/or up to one year in jail.
He was accompanied in Court by his wife Teresa. His attorney is David Gruenberg. Representing the State of NY and Rensselaer County was Assistant District Attorney Ashley Weiss.
Cipperly was arrested on the charges on November 25, 2013. He was Supervisor of the Town of Hoosick at the time. Cipperly’s first court appearance was in Hoosick in December 2013. However the case was moved to Pittstown and then to Schaghticoke, where, after several months, the case came to trial.
The trial began with the interview of seventeen potential jurors. Of those, six jurors and one alternate were selected. Judge Thomas addressed the jury first, reading a list of instructions to them.
ADA Weiss began her opening statement by telling the jurors the burden of proof in the case was on the people. She said she had to prove that Cipperly had made a breech of trust by writing the letter on official letterhead and in his official role as Town Supervisor. In her closing statement she told the jurors she believed she had proven her case.
In his opening and closing statements Attorney Gruenberg described to the jurors the circumstances that led to the charges. He explained to them that Cipperly was employed full time by the NYS Department of Transportation and that he often worked evenings and weekends at his job as Hoosick Town Supervisor. He added that the Town bookkeeper at the time, Tyler Sawyer, also held a full time job and he too was in the Town offices evenings and weekends.
Tyler Sawyer Involved
It was during one of those off hour times when Sawyer, a former Grafton Town Supervisor, asked Cipperly to write a letter stating that his brother’s home, located at 22089 Route 22 in Hoosick and belonging to Brian and Stella Sawyer, had been seen by the Town Building Inspector Ed King affirming the distance between the well and the septic system. The letter would be accompanied by a map drawn by Mrs. Sawyer indicating the distance between well and septic and signed and certified by Patrick Bakaitis, who years earlier had installed the septic system.
Over the weekend of November 2 and 3 Cipperly gave Sawyer such a letter, on Town of Hoosick letterhead, stating that fact and post dated it for November 6, 2013 because he wanted time to speak with King about looking at the property. Sawyer forwarded the letter to his sister-in-law. The letter and map were then used by someone close to the family to apply for an FHA mortgage loan to the CUC Mortgage Corporation, in connection with the Hoosick Federal Credit Union.
Attorney Gruenberg went on to say that Cipperly, in the course of his work and the final days of his re-election campaign, forgot to ask King to look at the property and, finally, emailed King asking him to do so. King declined, telling Cipperly wells and septic systems were not in his job description and were the job of the County Health Department.
When James Martinez, President of the Hoosick Federal Credit Union, saw the letter and map, he was concerned about the authenticity of the documents. He contacted then Rensselaer County District Attorney Rich McNally because he didn’t know who else to call. McNally suggested Martinez contact the State Police, which he did. He met with Christopher Lapham of the State Police on a Sunday morning. The officer then met with Cipperly, who freely gave him a statement, after which the charges were filed.
Gruenberg further added that the mortgage application was denied and the person had found another house. The letter and map were never used and were never in the Town record. Later, as the case proceeded, he recommended to the Judge that the charges be dismissed. They were not.
Witnesses And Documentation
There was clear documentation verifying every statement made by witnesses. Witnesses called by the prosecution included appraiser Heather King and CUT Mortgage Corp. representative Anitra Michael, who each stated they had seen the letter and map. Under cross examination Gruenberg pointed out that Michael emailed Martinez that the purchaser was no longer interested in the Sawyer house and was looking at other properties. He also pointed out that had the applicant applied for a conventional mortgage the particular paperwork in question would not have been necessary.
Patrick Bakaitis testified that he had signed and certified the document but had not looked at the property.
Martinez was called to testify. He stated that he had seen the documents and was concerned that had they been kept on file and the Credit Union held the mortgage on that property and the mortgage failed, the Credit Union and its members could have been stuck with the property because of the incorrect paperwork. In his cross examination Gruenberg had Martinez read aloud a letter to the editor he had written and a political ad he had paid for vilifying Cipperly and the Hoosick Town Board. Gruenberg implied the charge was part of a vendetta against Cipperly.
When Hoosick Building Inspector Ed King, who is also the Pittstown Town Supervisor testified, he agreed he had received an email from Cipperly requesting he look at the Sawyer property to confirm the distance between the well and septic system. He reiterated this was a job for the Health Department. Gruenberg then pointed out that the bottom line on the Town of Hoosick building permit asks for the distance between well and septic. King said that is provided to him by the builder.
The only witness for the Defense was Tyler Sawyer who stated he had asked Cipperly to write the letter.
Before the jury left to deliberate, Judge Thomas, for a half hour, read them pages of guidelines for their decision making. The final pages outlined the specifics for that decision making in this case. The jury left to deliberate and after 45 minutes, asked the Judge if they could read the five criteria for their decision. Instead the Judge had the jurors return to the courtroom, and he again read the criteria. Throughout the trial, and especially during the reading, the jury was extremely attentive. It was not long after the jury returned to deliberating that they determined Cipperly was guilty.
One juror commented later that it was a very difficult decision to make.
The Sawyer house is still for sale.
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