ZWACK,4 OTHERS ACQUITTED

by Michele Morgan Bolton, The Albany Times Union 5.9.02

Reprinted with permission from the Albany Times Union

Troy "I feel fantastic," former county executive says after jury verdict

Former County Executive Henry Zwack and four others indicted in an alleged patronage job-for-votes trade were cleared of all charges late Wednesday following a four-year drama that engulfed much of Rensselaer County's power structure.

The jury of seven men and five women announced a verdict at 9:40 p.m. following two days of deliberations in a trial that spanned six weeks.

``I feel fantastic,'' said an elated Zwack after a tearful embrace with his wife, Laura. ``The verdict speaks volumes after going through a process that tortured the law, tortured the facts and tortured my friends.''

``The jury returned the verdict and we accept it,'' said special prosecutor Michael Katzer as he left the courtroom.

Zwack, former aides Dan Ehring, Joe Cybulski and Bryan Goldberger, and North Greenbush Democratic Chairman Jimmy Germano were acquitted of 27 misdemeanor counts and seven felonies related to an alleged attempt to rig a 1998 civil service test for Germano's grandson in exchange for political support.

They also were cleared of charges they tried to pressure county personnel director Christina Mahoney to give Anthony ``T.J.'' Germano a retest of the Feb. 7, 1998, police agility exam after he failed.

Defendants' wives wrapped their arms around one another and cried as jury foreman Dave Oliver read the 34 not-guilty verdicts. Germano's wife, Ann, collapsed into her son Tony's arms and sobbed. Supporters in the courtroom burst into applause.

After turning to offer a thumbs-up to his wife, Jamie, a drained Ehring mouthed ``thank you'' to the jury panel. Said Cybulski: ``God bless you.''

`I think everyone saw through these charges since the beginning of this charade,'' he added later. ``Truth and honesty did prevail.''

Central to the case was a set of 10 secretly taped conversations Mahoney and personnel employees Kathy Bull and Glenn Kakely made as alleged pressure to retest Germano heightened. In those tapes, Goldberger in particular said that officials as high as state Senate Majority Leader Joseph Bruno wanted the retest offered. He backed off those statements in trial testimony, stating he was only echoing what Mahoney, Bull and Kakely said to him, thinking it would encourage them to give the retest.

``Taping in the workplace is a disgrace,'' Goldberger said, declining to offer comments on the personnel staff he continues to work with. ``If all issues in county government got this much attention, it would be operating at 100 percent capacity.''

Ehring's lawyer, E. Stewart Jones Jr., said there was no reasonable alternative to the verdict the jury delivered. ``At the core, the case was about nothing. It was preposterous, and this nightmare should be over for all time for these good men.''

Ehring, charged with being Zwack's primary point man in carrying out the alleged political deal, could barely find a voice to express his relief.

``I feel great, I feel vindicated,'' he said. ``If it had been looked at evenly, this prosecution would not have been brought two years ago. But onward and upward. I'm just happy it's over with.''

``None of this should have ever happened in the first place,'' added Zwack lawyer Bill Dreyer, noting that his client was also acquitted of seven felony perjury counts in September. ``It's been a two-year ordeal for Mr. Zwack and his family.''

Jurors listened to tapes in which Goldberger spelled out the alleged deal, but never believed he did anything wrong, said Oliver: ``He really didn't commit himself. We thought he realized he was getting too close.''

On the 10 hours of tapes, he said, ``We really didn't hear anything where any of them committed themselves to anything.''

``From the beginning it was tough because there wasn't a lot of hard-core evidence,'' added juror Cindy Playford. ``There was a lot of office gossip, but nothing substantial.''

Goldberger lawyer Terry Kindlon, who christened Mahoney ``the bureaucrat from hell'' during his opening argument, said, ``Christina Mahoney had a credibility problem, which was evident to the people listening to her testimony under oath.''

Jurors asked for a series of read-backs over the two-day deliberations, including cross-examinations of both defense witness Bull and defendant Cybulski. Panelists asked for clarifications of law on a dozen counts before reaching their final conclusions.

``Some of it we didn't figure out until the last two hours of deliberations,'' said a panelist named April, who preferred not to give her last name.

Before Zwack left the historic county courthouse, which is undergoing a $20 million restoration that he initiated, he contemplated the post he left last May 14: ``It was the best job I ever had, and I loved it dearly.''

But, mostly, he said, his thoughts were with his family: ``I have three boys who'll be glad their father is coming home to them tonight.''

Defense lawyers over the course of the trial described Mahoney as an unqualified, vindictive manager who could have easily offered a rest, but simply chose not to. Katzer insisted she was a heroine who stuck to her belief the request was politically motivated. It all came down to who the jury believed.

The trial had an abundance of memorable moments. Cybulski attorney Tom Neidl constantly butchered the surnames of county officials including, Zwack, whom he continually referred to as Mr. Zwock.

Terms including ``unholy trio'' and ``three cagey bureaucrats'' were used by defense attorneys to describe Mahoney, Bull and Kakely. And embarrassing nicknames used by Goldberger in taped conversations memorialized Zwack as ``The Teflon Kid'' and ``Captain Nasty,'' and Ehring as ``Kato.''

A defining moment came when Kindlon asked Kakely as he testified if he'd received 40 pieces of silver for betraying Zwack. Kakely replied with a nod to the defense table: ``Well, I'm here, and they're there.'' FACTS:ZWACK TIMELINE January 1996 Chairman of the Rensselaer County Legislature Henry Zwack is elected county executive September 1997 Zwack loses Conservative Primary but wins seven towns, including North Greenbush and Hoosick November 1997 Zwack wins re-election to a second term Feb. 7, 1998 T.J. Germano fails police agility exam February/March 1998 Christina Mahoney, Kathy Bull and Glenn Kakely secretly tape conversations with Zwack, Ehring, Cybulski and Goldberger as details of alleged plan are discussed September 1999 T.J. Germano moves on to Charlotte-Mecklenbery, NC, police job June 2000 Special prosecutor appointed to look into claims of corruption in Rensselaer County government November 2000 Zwack indicted on perjury charges related to a no-show job scandal in county government December 2000 Zwack, Germano, Ehring, Goldberger and Cybulski indicted in alleged civil service scam April 2001 Zwack, Ehring indicted on one misdemeanor each for allegedly making a false sworn statement related to the no-show job matter May 14, 2001 Zwack resigns and takes a job with lobbying giant Featherstonhaugh, Conway, Wiley & Clyne. September 2001 Zwack acquitted of seven felony perjury counts in no-show scam April 1, 2002 Civil Service trial begins May 8, 2002 Zwack, Germano, Ehring, Goldberger and Cybulski acquitted on all counts.