DID ERIC MASSA COMMIT PERJURY? Lonsberry- comments 2006
Democratic congressional candidate Eric Massa has been accused by his former campaign manager of lying under oath earlier this year and committing perjury.
The accusation comes in court documents filed in state Supreme Court in Bath, New York, as part of a dispute between the two men over arbitration related to Eric Massa's employment of Sanford Dickert, a technology expert and political operative from New York City.
The campaign manager claimed that Eric Massa's affidavit is "nothing short of a false statement, under oath, submitted to court." He called the candidate's statement "perjurous."
Dickert's claims are substantiated by three other Eric Massa campaign workers.
Eric Massa "blatantly lied" under oath, one campaign worker swore in an affidavit on file with the Steuben County Clerk's Office.
Also arising from the documents is the claim by Eric Massa to have been aware of at least two violations of the law, including the supplying of alcohol to minors, which do not seem to have been reported to the authorities.
At the heart of the controversy is a three-page "Affidavit in Support of Petition to Stay Arbitration" sworn to under oath by Eric Massa on August 25. The affidavit is a list of reasons why he fired Sanford Dickert as the campaign manager of Massa for Congress. The apparent purpose of the affidavit is to demonstrate that Eric Massa doesn't have to submit to arbitration on the issue of unpaid compensation to Sanford Dickert because he was -- according to Eric Massa -- a bad employee or was hired under false pretenses.
For example, he swore that he had been "led to believe" that Sanford Dickert -- who had been brought to his attention by Nassau County supporter Nancy Mindes -- had a variety of well-developed campaign skills. In actuality, in her own affidavit, Nancy Mindes testified that she personally made Eric Massa aware from the very beginning that Sanford Dickert was fairly new to the political business.
In fact, in an internal campaign e-mail sent out by Eric Massa at the end of April -- when he appointed Sanford Dickert -- the candidate wrote: "Sanford has experience in building and managing small tech-oriented companies, in personal coaching and recently in a tour of duty as the (chief technical officer) for the Kerry for President campaign."
"Sanford knows his strengths and weaknesses -- as do I," Eric Massa wrote. But the newcomer did bring a "valuable and critical tool," the e-mail claimed, "He is loyal to this campaign."
And yet, in his affidavit, Eric Massa claimed not to have known of Sanford Dickert's background, and claims to have been misled. That claim does not seem consistent with other affidavits and with the campaign e-mail.
Most forcibly rebutting the Eric Massa claims is the 19-page affidavit sworn to and filed by Sanford Dickert. He goes through point-by-point and rejects or disproves the Eric Massa assertions. Additionally, the Sanford Dickert testimony is corroborated by three additional affidavits from Massa for Congress campaign workers, while the Eric Massa affidavit was offered without supporting statements, evidence or corroboration.
"Multiple witnesses, from Massa's own campaign, have submitted affidavits documenting that Massa's recitations, allegations, and mudslinging against me are outright lies," Sanford Dickert swore. "Massa has no supporting affidavits joining him in his outrageous claims."
Two and possibly three of the claims Eric Massa makes in his affidavit involve illegal conduct.
In the first, the congressional candidate swore, "Dickert solicited illegal furniture donations from various merchants."
If Eric Massa believed that to be true, he was in the position, as a candidate, of having discovered his campaign manager soliciting illegal campaign contributions. Yet there is no indication he notified the Federal Elections Commission of this.
Further, Eric Massa swore under oath that Sanford Dickert, "lured three college-age boys under the legal drinking age into (a campaign) apartment, and provided for their consumption more than a case of beer and a bottle of vodka."
If Eric Massa believed that to be true, he should have notified the Ciy of Corning Police Department -- particularly since the under-age drinkers were volunteers with his campaign, away from home presumably under his care, kind of like congressional pages. Yet there is no indication he told the police or anyone else of this supposed event.
Relative to the claim that Sanford Dickert gave the volunteers alcohol, one of them -- Burak Kanber, a student at the prestigious Cooper Union in New York City -- swore under oath: "I do not know why Eric Massa would lie in his affidavit that Sanford Dickert lured me and or my roommates into our apartment and/or provided for the alchohol that was in said apartment. I know on personal knowledge that the alcohol that was in said apartment was purchased by our roommate, Miss Alison Andrews, a 26-year-old female, who is of legal drinking age and purchased the alcohol for her own comsumption."
The Massa for Congress worker goes on to say that Eric Massa, "swears, under oath, to having witnessed things he never saw and which never happened."
The third possible violation of law claimed in the Eric Massa affidavit is cryptic. After saying that Sanford Dickert had "lured" or "solicited" young males described as "boys" or "young high school boys," Eric Massa wrote: "Dickert invited my then-16-year-old son to spend the night with him."
It is unclear if that is supposed to be a sexual reference. At best, it is meant to be ambiguous. And, at best, if an inappropriate sexual advance was made to a minor child -- most particularly his own son -- Eric Massa had a moral obligation to report that crime to the police. Yet there is no indication he told any police agency about this conduct.
And that is troubling.
Because either the Eric Massa affidavit is true, and the candidate indefensibly chose not to report state and federal crimes, or the affidavit is false -- as four Eric Massa campaign workers claim -- and Eric Massa has committed perjury.
Either way, Eric Massa should be held to account.
And the news media should stop sitting on this story.
As Richard Nixon said, the people have a right to know their president is not a crook. The same is true of the man who wants to be their congressman.
By the way, the judge didn't buy it. State Supreme Court Justice Peter C. Bradstreet rejected Eric Massa's request to avoid arbitration.
- by Bob Lonsberry © 2006
Democratic congressional candidate Eric Massa has been accused by his former campaign manager of lying under oath earlier this year and committing perjury.
The accusation comes in court documents filed in state Supreme Court in Bath, New York, as part of a dispute between the two men over arbitration related to Eric Massa's employment of Sanford Dickert, a technology expert and political operative from New York City.
The campaign manager claimed that Eric Massa's affidavit is "nothing short of a false statement, under oath, submitted to court." He called the candidate's statement "perjurous."
Dickert's claims are substantiated by three other Eric Massa campaign workers.
Eric Massa "blatantly lied" under oath, one campaign worker swore in an affidavit on file with the Steuben County Clerk's Office.
Also arising from the documents is the claim by Eric Massa to have been aware of at least two violations of the law, including the supplying of alcohol to minors, which do not seem to have been reported to the authorities.
At the heart of the controversy is a three-page "Affidavit in Support of Petition to Stay Arbitration" sworn to under oath by Eric Massa on August 25. The affidavit is a list of reasons why he fired Sanford Dickert as the campaign manager of Massa for Congress. The apparent purpose of the affidavit is to demonstrate that Eric Massa doesn't have to submit to arbitration on the issue of unpaid compensation to Sanford Dickert because he was -- according to Eric Massa -- a bad employee or was hired under false pretenses.
For example, he swore that he had been "led to believe" that Sanford Dickert -- who had been brought to his attention by Nassau County supporter Nancy Mindes -- had a variety of well-developed campaign skills. In actuality, in her own affidavit, Nancy Mindes testified that she personally made Eric Massa aware from the very beginning that Sanford Dickert was fairly new to the political business.
In fact, in an internal campaign e-mail sent out by Eric Massa at the end of April -- when he appointed Sanford Dickert -- the candidate wrote: "Sanford has experience in building and managing small tech-oriented companies, in personal coaching and recently in a tour of duty as the (chief technical officer) for the Kerry for President campaign."
"Sanford knows his strengths and weaknesses -- as do I," Eric Massa wrote. But the newcomer did bring a "valuable and critical tool," the e-mail claimed, "He is loyal to this campaign."
And yet, in his affidavit, Eric Massa claimed not to have known of Sanford Dickert's background, and claims to have been misled. That claim does not seem consistent with other affidavits and with the campaign e-mail.
Most forcibly rebutting the Eric Massa claims is the 19-page affidavit sworn to and filed by Sanford Dickert. He goes through point-by-point and rejects or disproves the Eric Massa assertions. Additionally, the Sanford Dickert testimony is corroborated by three additional affidavits from Massa for Congress campaign workers, while the Eric Massa affidavit was offered without supporting statements, evidence or corroboration.
"Multiple witnesses, from Massa's own campaign, have submitted affidavits documenting that Massa's recitations, allegations, and mudslinging against me are outright lies," Sanford Dickert swore. "Massa has no supporting affidavits joining him in his outrageous claims."
Two and possibly three of the claims Eric Massa makes in his affidavit involve illegal conduct.
In the first, the congressional candidate swore, "Dickert solicited illegal furniture donations from various merchants."
If Eric Massa believed that to be true, he was in the position, as a candidate, of having discovered his campaign manager soliciting illegal campaign contributions. Yet there is no indication he notified the Federal Elections Commission of this.
Further, Eric Massa swore under oath that Sanford Dickert, "lured three college-age boys under the legal drinking age into (a campaign) apartment, and provided for their consumption more than a case of beer and a bottle of vodka."
If Eric Massa believed that to be true, he should have notified the Ciy of Corning Police Department -- particularly since the under-age drinkers were volunteers with his campaign, away from home presumably under his care, kind of like congressional pages. Yet there is no indication he told the police or anyone else of this supposed event.
Relative to the claim that Sanford Dickert gave the volunteers alcohol, one of them -- Burak Kanber, a student at the prestigious Cooper Union in New York City -- swore under oath: "I do not know why Eric Massa would lie in his affidavit that Sanford Dickert lured me and or my roommates into our apartment and/or provided for the alchohol that was in said apartment. I know on personal knowledge that the alcohol that was in said apartment was purchased by our roommate, Miss Alison Andrews, a 26-year-old female, who is of legal drinking age and purchased the alcohol for her own comsumption."
The Massa for Congress worker goes on to say that Eric Massa, "swears, under oath, to having witnessed things he never saw and which never happened."
The third possible violation of law claimed in the Eric Massa affidavit is cryptic. After saying that Sanford Dickert had "lured" or "solicited" young males described as "boys" or "young high school boys," Eric Massa wrote: "Dickert invited my then-16-year-old son to spend the night with him."
It is unclear if that is supposed to be a sexual reference. At best, it is meant to be ambiguous. And, at best, if an inappropriate sexual advance was made to a minor child -- most particularly his own son -- Eric Massa had a moral obligation to report that crime to the police. Yet there is no indication he told any police agency about this conduct.
And that is troubling.
Because either the Eric Massa affidavit is true, and the candidate indefensibly chose not to report state and federal crimes, or the affidavit is false -- as four Eric Massa campaign workers claim -- and Eric Massa has committed perjury.
Either way, Eric Massa should be held to account.
And the news media should stop sitting on this story.
As Richard Nixon said, the people have a right to know their president is not a crook. The same is true of the man who wants to be their congressman.
By the way, the judge didn't buy it. State Supreme Court Justice Peter C. Bradstreet rejected Eric Massa's request to avoid arbitration.
- by Bob Lonsberry © 2006
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