Defense rests in Rensselaer County ballot fraud case; Closing argument set for Monday
The defense rested their case Friday in the Rensselaer County ballot fraud trial. Closing arguments are now set to begin on Monday.
Richard Crist, James Gordon and Leslie Wallace are accused of obtaining absentee ballots on behalf of other people and using them to vote over and over during a conspiracy to rig elections in 2021. They also allegedly changed the registration of county employees so they could cast votes in primaries.
Prosecutors have argued that Crist as director of operations and Gordon as director of the Bureau of Central Services, were very influential and employees feared for their jobs if they did not go along with the scheme.
On the final day of testimony, the defense team attempted to poke holes in that argument.
Henry Zwack, a former Rensselaer County executive and current GOP elections commissioner, testified that the county charter does not contain a provision for director of operations. That position was created by current Rensselaer County Executive Steve McLaughlin. It is not a civil service position or union position – as are around 90% of the jobs. The person serves at the pleasure of the county executive.
“Does Mr. Crist have any formal role in hiring or terminating?” asked Crist’s attorney Lauren Owens.
“No,” Zwack replied.
“Can a director of operators act independently of the county executive?” she asked.
No,” he replied.
On cross-examination, Assistant U.S. Attorney Michael Barnett asked Zwack about how he obtained a position on the Court of Claims.
Zwack said he had been working in a state department handling alcohol and substance abuse in the administration of Gov. George Pataki. Pataki was leaving office in 2006 and Eliot Spitzer was taking over as governor.
Zwack said then-Senate Majority Leader Joe Bruno happened to run into him and asked him what he would be doing in January 2007.
“Would you like to go on the Court of Claims?” Zwack recalled Bruno asking.
Barnett asked “is it fair to say if you pissed him off or made him mad in any way, he would not have asked you to be on the Court of Claims.”
“Most absolutely not,” Zwack replied. “He never forgot a friend, and he never forgot a foe.”
“He never had to say he was a powerful person because you knew?” Barnett asked.
“Correct,” Zwack said.
Barnett went on to ask Zwack that he is not at the county offices that much and does not know the dynamic there or the goings on. Prosecutors said that included James Gordon getting a developmentally disabled person to sign an absentee ballot at Stewart’s Shops as part of this alleged fraud scheme.
The second witness, Deputy County Executive Mary Fran Wachunas testified that her primary role is as director of public health, and she is essentially a backup to McLaughlin to sign documents. She does not have the authority to hire or fire.
The county has to consult with the human resources and union before they make any decision on discipline or termination.
She also praised her colleagues, Crist and Gordon, for their work in helping the county get through the pandemic.
That prompted Barnett to object to what he said was “open-ended character evidence that’s being offered.”
Judge Mae D’Agostino allowed it.
The final witness testified to getting a haircut in a barbershop in June 2024 just before the primary. A woman, he later learned was Wallace, came in and said she had the barber’s absentee ballot.
The barber said she would vote for whoever Wallace wanted.
The witness gave slightly different written statements to a defense investigator and the FBI of what he saw. In one version, he sees the barber filling out a ballot and signing it. In another accounting, he only sees a piece of paper.
Barnett seized on Facebook messages that Wallace and the witness exchanged. The two saw each other socially. He wrote: “what do you do when you’re not going around to salons and barbershops trying to circumvent democracy.”
They had a lengthy exchange of messages in which the TV show “The West Wing” was referenced and the witness said that he didn’t think Wallace was acting like one of the characters in the show would.
“Yeah, because he was in the White House – not involved with local politicians.”
The witness testified that he has a dry, sarcastic sense of humor.
He also testified that she sent him messages explaining that they were trying to get two of their candidates to win primaries for county executive and county clerk.
Prosecutors had previously laid out that the goal of the scheme was to get their favored candidates win the Working Families Party ballot lines to make it easier for County Attorney Steve McLaughlin to win re-election.
All three defendants face a charge of conspiracy to violate constitutional rights.
Gordon also faces a count of witness tampering. Wallace is also accused of making a false statement.
The jury was dismissed for the afternoon to allow D’Agostino to rule on some motions.
Closing arguments are set to resume on Monday at 9:15 a.m. in U.S. District Court.