Mineola lawyer Adrian DiLuzio said this week he is considering filing an appeal to request Judge Sharon Gianelli set aside the guilty verdict she rendered against Town of Hempstead Clerk Mark Bonilla on one count of official misconduct in Nassau Supreme Court last Thursday.
“One of the things I will contemplate doing is filing a post verdict motion to set aside the verdict,” DiLuzio said. “There’s a likelihood that there will be an appeal that says there is insufficient evidence to support the crime.”
Bonilla, 50, of Bellmore, was found not guilty of one count each of official misconduct, coercion in the second degree, and attempted petit larceny. The official misconduct conviction is a class A misdemeanor punishable by up to one year in jail. Bonilla is scheduled to be sentenced Sept. 26.
Nassau County District Attorney Kathleen Rice announced last Thursday that Bonilla had been convicted of threatening to transfer an employee, Mark Desidoro, unless he gave Bonilla personal photographs of a female employee who had accused Bonilla of sexual harassment.
“Mark Bonilla created a toxic work environment with his personal conduct and then tried to smear a young woman who rebuffed his unwanted sexual advances,” Rice said in a statement. “Voters rightly expect elected officials to do their jobs with professionalism and common decency, and my office will continue to hold accountable those who violate the public trust.”
Rice said that in August 2012, 21-year-old female employee in Bonilla’s office filed a sexual harassment claim against Bonilla, claiming that he had groped her and made sexual advances toward her for two years.
Later that month, Bonilla met with Desidoro, who was in a relationship with the female employee who filed the claim against him. Bonilla asked Desidero to provide him with inappropriate photographs of his accuser, Rice said..
After Desidoro did not deliver the pictures by early September, Rice said Bonilla threatened to transfer him out of his department if he did not deliver the photos while promising the employee a transfer to full-time status if did.
The case was referred to the DA’s Office by Town of Hempstead officials and Bonilla was arrested on Sept. 21, 2012 as a result of a subsequent investigation.
DiLuzio said he must await the judge’s sentencing in the case before filing an appeal. He said he has ordered a transcript of the case in preparation for an appeal.
“I dispute what they say happened,” said DiLuzio.
DiLuzio said Bonilla warned Desidoro, Bonilla’s accuser, that Desidoro should be wary of her.
“I don’t think she’s a good person,” he said Bonilla told Desidoro.
Bonilla, he said, told Desidoro he hoped he had something to protect himself and Desidoro told Bonilla he “has something on her.”
In a second meeting, DiLuzio said Bonilla asked Desidoro what he had on the woman. DiLuzio said Desidoro then told him about photos he had of the woman. DiLuzio said Bonilla asked to see the photos, but said Desidoro gave him a disc that contained a photo of a car instead.
DiLuzio said Bonilla did not initially approach Desidoro about the photos.
