No jail time, fines for Donald Covel

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November 18, 2009

By ANDREA VanVALKENBURG The Press Republican Wed Nov 18, 2009, 05:11 PM EST

PLATTSBURGH — Former Peru Town Supervisor Donald Covel was hit with $525 in fees at his sentencing Wednesday but no fines, probation or jail time.

The 62-year-old Peru man was convicted of official misconduct and attempted official misconduct following a July trial that cleared him of one misdemeanor count of obstructing governmental administration.

In Clinton County Court Wednesday afternoon, Judge Patrick McGill gave Covel a total of $525 in fees and surcharges and told him he wouldn’t have to serve jail time as long as he didn’t commit any crimes for one year.

Covel also can’t hold public office for a year, the judge said.

COVEL RELIEVED

Before a courtroom packed with supporters, Covel showed no reaction to the sentence.

Afterward, as he hugged his family and friends, Covel said he was relieved that the ordeal was over and felt that the damage to his reputation, family and business was punishment enough.

Covel had been facing criminal allegations since late 2008, when he was accused of inappropriately firing the town code-enforcement officer and then engaging in a building-code scheme.

Prosecutors said Covel unlawfully fired zoning officer Paul Blaine and then inappropriately approved several building permits for his wife, Linda Covel, while he temporarily served as the acting code-enforcement officer.

During the trial, defense attorney Lawrence Elmen of Glens Falls said Covel had acted in the town’s interest when the Town Council failed to do so and that the town supervisor was given ambiguous legal advice before Blaine’s temporary dismissal last year.

Covel continues to deny the allegations and had rejected a plea offer in the case that would have left him facing a $1,000 fine.

NO MORE POLITICS

Before the sentence was announced, Elmen requested an unconditional discharge of any punishment, adding that “Mr. Covel has no intention of ever involving himself in the politics in the Town of Peru.”

He said the case stemmed from a “hostile environment” that Covel had attempted to change and that a “substantial portion of the Town of Peru ... felt that Mr. Covel attempted to do what was right.”

But, McGill said, though Covel’s “intentions may have been right and good ... the following of the law was not.

“Had Mr. Covel used the (legal) tools that were available to him ... this all probably could have been avoided,” McGill said from the stand, adding that Covel’s disregard of the law was likely because of “stubbornness.”

In court, Assistant District Attorney Jaime Douthat supported the conditional discharge but had requested a fine and 100 hours of community service.

Covel has been active in the local political scene for more than 30 years and was elected supervisor in 2005.

Covel, who did not address the court before his sentence was handed down, has not served as supervisor since his conviction.

E-mail Andrea VanValkenburg at:

avanvalkenburg@pressrepublican.com