Former Town of Hempstead Clerk Mark Bonilla was sentenced to 300 hours of community service and $1,000 fine on Monday morning after being found guilty on one count of official misconduct in July.
First District Court Judge Sharon Gianelli directed that Bonilla serve the 300 hours at the Nassau County Medical Center assisting uninsured members of the community – particularly the Latino community – to sign up for health insurance under the new federal health care plan.
Speaking from the bench in Hempstead, Gianelli said Bonilla’s sentence “should be one that allows him to restore trust to the family and the public whose trust he shattered.”
Bonilla had been convicted of misconduct for threatening to transfer an employee, Mark Desidoro, unless he gave Bonilla personal photographs of a female employee who had accused Bonilla of sexual harassment.
Gianelli also sentenced Bonilla to a conditional discharge of one year, stipulating that he must perform the community service and pay $250 in court fees. She also granted an order of protection barring Bonilla from contacting three of his former employees, including Desidoro.
The judge read a passage from a letter the court received from the pastor of Bonilla’s church, citing Bonilla’s service to “the last, the least and the lost” in society. She said those are the people Bonilla should use his skills as a lawyer to help.
In passing sentence, Gianelli rejected the recommendation of Nassau County District Attorney Kathleen Rice’s office that Bonilla receive one year in jail for his misconduct.
Bonilla declined to comment to reporters both before Gianelli passed sentence and when he was led from the courtroom.
“Under the circumstances, I think it was a fair sentence,” said Adrian DiLuzio, Bonilla’s attorney. “Giving him community service seems like a sensible thing to do.”
DiLuzio, who argued in court for the verdict in the case be set aside, said he would present a motion for the verdict to be vacated later this month. An appeal of the sentence would have to be reviewed by the Nassau Supreme Court, according to the county District Attorney’s office.
DiLuzio said evidence in the case was “insufficient as a matter of law,” and that while there was “some impropriety” in Bonilla’s actions, there wasn’t anything illegal in his behavior. He told Gianelli a conditional discharge would be the “fairest solution” if she did not set aside the verdict.
“This case took on the tone of a crucifixion of Mark Bonilla for sexual misbehavior,” DiLuzio said.
Addressing the court after DiLuzio, prosecutor Ned Painter called for Gianelli to impose the maximum one year sentence on Bonilla.
Painter said “there are real costs and consequences,” some of them “intangible,” resulting from Bonilla’s behavior.
“A light sentence will result in cynicism and contempt,” for the justice system, he said.
Gianelli found Bonilla not guilty of a second charge of official misconduct, coercion, and attempted petty larceny in the July bench trial.
Bonilla, a Republican, had been in elected as town clerk five terms, serving nearly 10 years.
The Republican-dominated town board selected Nasrin Ahmad, an administrative supervisor in Bonilla’s office, to replace Bonilla following his conviction and subsequent removal from office by Gov. Andrew Cuomo.
Reach reporter Richard Tedesco by e-mail at rtedesco@theislandnow.com or by phone at 516.307.1045 x204. Also follow us on Twitter @theislandnow and Facebook at facebook.com/theislandnow.
