Since it was reported in the media that I was (falsely) arrested, I thought I might use this space to more fully explain the circumstances.
As readers may know, I bought the old Occidental Chemical Center, located a few hundred feet from Niagara Falls, in 2004. The former owner, David Ho, had blasted an acre-wide hole next to the building but failed to build his promised underground aquarium.
For years, Mr. Ho left a vacant hole, poorly fenced, as walls collapsed and sidewalks crumbled next to the most visited state park in the USA. I solved the problem by filling the hole.
In 2005, I was cited by city inspectors for cracked sidewalks that had been caused by the original blasting of the hole. I demurred at first: The city had already charged and fined Mr. Ho’s company for the same violations. Besides, the sidewalks were on city property and the city approved the hole that caused the damage. (Later I fixed the sidewalks, but the case continued anyway because they weren’t fixed at the time I was charged).
The case was assigned to Niagara Falls City Court Chief Judge Mark Violante. My attorney, Paul Grenga, was informed that it would be set for trial in 2006. And it was: Feb. 3, 2006. Unfortunately, City Court Clerk Martha Lincoln neglected to inform us and neither I, nor my attorney, were in court that day.
Ms. Lincoln’s mistake led to another: Judge Violante issued a bench warrant for my arrest for not showing up in court. During the following months, unaware that I was a fugitive, I led a public life, including publishing editorials in the Niagara Gazette criticizing Albany’s diverting our wealth to New York City.
I learned of the bench warrant on May 1, 2006, when a N.Y. State Park policeman came to my property. “I’m just a peon,” he explained, “but someone in Albany ordered my supervisor to have you detained for the Niagara Falls Police.”

Jail — A bitter house where there can be no event but sorrow.
On May 1, 2006, I was falsely arrested, manacled and placed in a cage that looked not entirely unlike this. While it may seem a matter of little consequence when it happens to someone else, you possibly would not enjoy it any more than I did, if it had actually happened to you ...

Then he called them. And soon, a Niagara Falls policeman arrived. I was frisked, then handcuffed in front of employees, family and neighbors, then escorted to the patrol car and driven to the police station. There, for the first time in my life, I was led manacled and locked in jail.
Earlier that morning, it had been cold. I wore a leather coat. By noon, it was hot. The heavy coat — which I was unable to remove with wrists locked behind my back — prompted me to sit, then stand, then pace in discomfort.
After a while, I noticed an officer outside my cell. “Would you unlock my handcuffs,” I asked, “so I could remove my heavy coat?”
“I’ll be getting to you shortly,” he said and put on a single rubber glove.
Suddenly, a lady came running into the room outside my cell. I later learned she was Martha Lincoln, the court clerk who made the mistake that brought me here.
She told the officer I was to be released on her authority. Although she spoke urgently to him — while I stood nearby in handcuffs in a cage — she came and left without looking at me. But, nevertheless, I was returned to freedom.
I did not know then that Ms. Lincoln had made the error. I thought perhaps my attorney had failed to tell me to be in court.
It was easy enough to prove: Courts usually document in writing notices of appearances as a safeguard against issuing warrants erroneously. My attorney asked to look at the judge’s file: There was nothing in it that indicated my attorney or I were given notice to appear.
Unfortunately, unlike some jurists, Judge Violante issues warrants for a single non-appearance. Yet he had no safeguard to protect the innocent by verifying notification. Judge Violante’s court failed to inform a defendant to be in court, then had him arrested for not being in court.
I filed a notice of intent to sue to, hopefully, change this policy of incarcerating citizens without due process. This news was published in the Niagara Gazette (July 29, 2006). A month later, I went to trial before Judge Violante on the original sidewalk charges. City attorney Damon DeCastro proposed a settlement. We conferred outside the courtroom, as the judge waited. I agreed to the settlement.
Back in court, however, a city official added a last-minute stipulation that I did not understand. As Mr. DeCastro read the proposed settlement into the record, I asked my attorney to explain the new stipulation.
“Don’t listen to your attorney,” Judge Violante said, “Listen to me. Discussion is over!” Then he said to Mr. Grenga, “Perhaps you didn’t inform your client: I can impose a $75,000 fine if he’s found guilty. Either he agrees to settle or we go to trial.” I told the judge I didn’t understand the stipulation. “So that’s the game you’re going to play?” he said. “Sit down; we’re going to trial.” I was not afraid of trial as long as I had a jury. My view of law is this: A jury has the power to overrule the judge. Trial by jury forbids the government to execute any law, by punishing violators, without first getting the consent of “the country,” or the people, through a jury.
Trial by jury gives every individual the liberty, at any time, to disregard or resist any law as long as he is willing to submit to the decision of a jury on the questions of whether the law is intrinsically fair and obligatory — and whether his conduct in disregarding or resisting the law was right in itself.
I resisted a law that required me to fix sidewalks I did not damage. At risk of getting a $75,000 fine, I wanted a jury of 12 average citizens (as opposed to a government-paid judge) to use common sense to rule on what I hoped they would find was the absurdity of the law and the unjust enormity of the fine.
A jury trial was denied. One man would be both judge and jury.
The brief trial began. The judge seemed hostile. To speak up, I felt — in pursuit of truth — would be precarious and could lead to contempt charges. I told my attorney to ask the judge to recuse himself. Mr. Grenga entered as exhibit “A” my notice of intent to sue based on the judge’s wrongful bench warrant.
The judge seemed surprised. He asked my attorney if he “perfected” (filed) these papers.
Yes.
He asked the city attorney, “Do you know anything about this?”
“I read about it in the newspaper,” Mr. DeCastro said.
“I want it on the record,” the judge said excitedly. “I had no idea these documents existed.”

Click here for a larger image of the above letter.

Then he rose abruptly and left the courtroom. Everyone rose except for me, for I am not convinced that rising for a judge is appropriate (or patriotic) under a constitutional government.
Later, the City of Niagara Falls case against me was dismissed. Afterward, I retained famed attorney Mike Powers to pursue my lawsuit. He proposed an investigation by the Office of Court Administration and its letter of apology on behalf of the N.Y. State Courts for my false arrest is printed in full above.
In the end, there was a lot of angst and warfare over some cracked sidewalks.
And they told me it would be easy to develop in Niagara Falls.

Frank Parlato Jr. can be reached at frank@frankreport.com.