Criminal and Councilman -- Brian Davis wants it both ways
I'll admit to being just a wee-wee bit sorry -- maybe 2 percent -- for Brian Davis on Friday for about half an hour when he was in City Court to plead guilty to charges he pocketed campaign donations for personal purposes and lied about it.
First there was the "perp walk" between the elevators and the courtroom with five or six TV cameras and bright lights in his face.
Humiliating, I thought to myself.
Then there was the courtroom scene. After conferring with attorneys, Chief City Court Judge Thomas Amodeo allowed cameras into the chamber, and they set up shop about 15 feet away from Davis.
Lights, action, camera.
Yeah, humiliating.
It was all over in about 12 minutes and then Davis and his attorney, Rodney Personius, eventually headed to the hallway and quickly ended my sliver of sympathy.
Personius said he had a statement, but was not going to answer questions. He went on to praise Davis for making his plea and declared his client is not stepping down from office.
With that, the pair bolted to the elevators, ignoring a torrent of questions, including "what do you have to say to your constituents?"
Davis never said "I'm sorry." Not to the judge. Not to reporters. Not to his constituents.
Maybe that was the time and place. Maybe it wasn't.
But to dig in his heels and declare his intention to fight to keep his Council seat was brazen, especially given what DA Frank Sedita is saying: that Davis vacated the seat in making his plea.
I should not have been surprised by Davis' bloodied but unbowed stance.
After all, this is the guy who, as I documented in April, has been stiffing people for money for years.
Who is a chronic abuser of the state election law.
Who lied about his college degree.
Who kept losing his license and driving anyway.
Who was part of the crowd that brought us One Sunset.
Who has been skipping meetings and blowing off anyone who has questioned his actions.
No, Brian Davis is not going. Not without a fight. And certainly not gracefully.
This tiger isn't changing his stripes.
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Want to delve into the details? Check out these documents.
DA's case against Davis filed in City Court
Another related court ruling, involving Erie County Legislator george "Butch" Holt
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The disappointing Frank Sedita made the following offer: plead guilty to a couple of misdemeanors, or we send what we know to the Grand Jury.
Davis accepted the offer (which Sedita pretended was not a plea deal), which leaves us to wonder what the Grand Jury would have found.
The normal reasons given for plea deals- it saves the State the costs of prosecution, etc - shouldn't apply in cases like this, because it is a violation of the public's trust, and an abuse of power.
What Davis plead guilty to was documented and easily provable at trial. So why offer him the opportunity to ward off a Grand Jury proceeding?
Clearly, it was an attempt to ward off further exposing the dirty dealings of Davis, Brown and company. The District Attorney should explain what additional evidence would have been presented to the Grand Jury. Brian Davis had an incentive to plead guilty to two misdemeanors. Frank Sedita knows what that incentive was. The public has a right to know, too.
Otherwise, we're left to wonder if this is another case of the District Attorney doing what is expedient to protect his political allies.
Posted by: warren | November 14, 2009 at 08:36 AM
Sold my house and in 6 days (not that I'm counting or anything like that - I'm actually counting hours) will bid "good riddance" to this "TOTALLY HOPELESS" city, county and state!!!!! This is just one of innumerable reasons for leaving!
Posted by: john | November 14, 2009 at 09:41 AM
Um, I'm sorry, but he committed a crime, broke the public trust... That calls for elimination of this title. Do we really expect a CRIMINAL to represent our city? Hell NO!!!
Posted by: George | November 14, 2009 at 09:56 AM
You write: "...Sedita is saying: that Davis vacated the seat in making his plea."
But on TV, Sedita said: "It's not my call to ask for a resignation, that's up to the Corporation Counsel, as I understand the law."
Sedita passed the buck back to the city. So who makes that decision on resignation?
I think every since Mayor Marion Berry got caught on hidden camera dealing coke, did some time and reentered politics, it has become a badge of honor to have a rap sheet and a record in some parts of town. I'm no expert on minority culture but I'm thinking that more people might admire Brian Davis' brush with the law than condemn it. I could be mistaken but I think it adds to his 'street cred' and is more lemonaide than lemons.
Posted by: BobbyCat | November 14, 2009 at 10:02 AM
FOLKS....remember that DA Sedita has a very strong politico father sitting for decades on the COURT BENCHES!
The DA must carry the long time created baggage of this politically endowed pappy....so independence of these criminal hacks will always remain impossible ,until the father departs the job or this earth.....both of which do not appear to be imminent.
The defense attys.....all of whom fear the old man judge...because he fancies crazy and rules as such....and then the political parties are all indebted to him for years of support and the name he carries, which by the way they named Buffalo City Court after the Mayor Sedita.
So a court with his name attached and where he has plopped himself for over 30 yrs, negates anyone who thinks they can defy him or his son.
Buffalo....the town of the ethnic and corrupt does not bode well for the clean and the hopeful.
Sedita junior is bound by his name and his father's presence and notorious conduct...don't look for too much integrity or ethics from that office!
Posted by: mike the meatball | November 14, 2009 at 11:33 AM
And which is the political party that vetted candidate Davis? And which is why I am one of the "independents" that swayed elections in New Jersey and Virginia. At least I keep my self-respect.
Is that why attorneys, DA's, and politicians come from the shallow end of the gene pool?
Posted by: Rich | November 14, 2009 at 02:11 PM
"Sold my house and in 6 days (not that I'm counting or anything like that - I'm actually counting hours) will bid "good riddance" to this "TOTALLY HOPELESS" city, county and state!!!!! This is just one of innumerable reasons for leaving!"
So you're saying that in 7 days, there will be a slight improvement, being that we won't have to read these comments any more?
Posted by: cms | November 14, 2009 at 09:22 PM
And now, the Councilman would like to read a prepared statement:
"Dag namn! Beach set me up!"
Posted by: StandardStandard | November 15, 2009 at 09:50 AM
....and, this is surprising because.......
What do you expect from people like this.
Democrats in office feel as if they have a license, no, make that an obligation, to steal.
Posted by: gonesouth | November 15, 2009 at 10:05 AM
Same game, new suit.Who'd he make mad?
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Surprised the DA offered him a deal!!!!!!!!!!!!!!!!!!!!!:)
Posted by: lanres | November 15, 2009 at 10:34 AM
Can someone that lives in his district please explain to me...an admitted outsider...why oh why people keep voting for this person and standing up for him?
Posted by: McBea | November 15, 2009 at 11:25 AM
Besides being a criminal he is also a racist. I have lived in Allentown for years and when we were part of the Niagara district we had good representation. Now that we are part of Ellicott District we are stuck with a black councilman who is only interested in the east side of main street. He has done NOTHING for our area and is a disgrace. His racism is blatent!
Posted by: Allentown | November 15, 2009 at 12:59 PM
Didn't Davis have monthly or quarterly "fundraising' parties at Liars on Chipp? All cash, all gone? Audacity.
Posted by: leonardo | November 15, 2009 at 06:14 PM
[Brian Davis]has been skipping meetings and blowing off anyone who has questioned his actions.
Good cause for replacing him. Resign, Brian! We don't need you anymore.
Posted by: Lydia Bezou-Hojnacki | November 16, 2009 at 09:53 AM
Where is the Capital Improvement money that was for Lasalle park pool? Where was it diverted? What contractor got it?
Davis never answered that question.
This is not blanket immunity for his other actions!!!
Posted by: Jailbird | November 16, 2009 at 02:56 PM