BUFFALO, N.Y. — A lawyer representing former Erie County Democratic Party chairman and longtime political boss Steve Pigeon has filed a motion seeking to dismiss an indictment against Pigeon, and the appointment of a special prosecutor for any further proceedings in the case.
Pigeon, 62, was charged in December of 2021 on a six-count indictment, which included two counts of predatory sexual assault against a child, one count of rape in the first degree, one count of sex abuse in the first degree, one count of criminal sexual act in the first degree, and one count of endangering the welfare of a child.
Pigeon has already been sentenced on unrelated state and federal charges for bribery and political corruption.
Pigeon allegedly engaged in sexual intercourse and sexual conduct with a child under the age of 11 years old between November of 2016 and December of 2016.
The charges carry a potential sentence of 25 years to life in prison.
Alleged conflicts of interest
In a lengthy motion Pigeon’s attorney, James Nobles of Rochester seeks an order to disqualify Erie County District Attorney John Flynn and his office from prosecuting the case due to alleged conflicts of interest.
It also seeks a dismissal of the indictment on the grounds that proceedings leading up to the indictment, and since, have been tainted by the conflicts and “impropriety” on the part of Flynn and his office.
Moreover, it seeks the appointment of a special prosecutor to take over the case.
"I started to discover the long standing history between these two individuals," said Nobles, who took over Pigeon's case in late January.
"There appears to be numerous conflicts of interest and the law requires us, as lawyers under state ethics rules, to recuse ourselves in such cases. The district attorney has an even high burden than a regular lawyer in that they are supposed to avoid even the appearance of impropriety."
The primary conflict, according to motion papers, is rooted in a “prolonged, antagonist personal relationship” between the two men, fueled by Pigeon – at one time a highly influential party operative, having blocked Flynn from getting several appointed or elected positions, political positions and/or critical endorsements for more than a decade as Flynn sought various offices or appointments.
In addition, the defense claims First Assistant District Attorney Michael Keane is similarly conflicted, due to Pigeon also having used his influence to block Keane and other members of his family from advancing their political careers.
Moreover, Nobles claims Flynn’s office created an additional conflict of interest regarding the case at hand, when it chose to use its own investigators to pursue the victim’s claims for at least six weeks before notifying police agencies, thereby making several members of the DA’s office witnesses.
There is also a claim that Flynn violated rules of professional conduct through his remarks made following Pigeon's arrest "repeatedly vouching for the credibility of the complainant and opining on the defendant's guilt."
Bad blood
Pigeon once held great influence in politics, not only locally, but also on the state and national level.
Noble’s 94-page motion includes affidavits from several other operatives, well known in local political circles who give accounts indicating there was no love lost between Pigeon and Flynn.
Through their statements, a narrative unfolds portraying Pigeon as a kingmaker, and Flynn as a candidate for various positions who was, with few exceptions, perennially jilted by Pigeon.
This included, by one account, Flynn asking Pigeon to use his influence in Washington to help Flynn become Under Secretary of the U.S. Navy, a position for which Pidgeon told Flynn was woefully unqualified.
Pigeon also rebuffed Flynn at various turns in his attempt to attain positions including a judge for the State Court of Claims, Erie County Executive, and District Attorney in 2008, a position to which Flynn was eventually elected in 2016.
As alleged in court papers filed by Nobles, this caused Flynn to develop a long simmering “vendetta” against Pigeon.
Flynn responds
In a text message Flynn told WGRZ-TV that his office plans to file papers opposing Nobles' motion, prior to a hearing scheduled for April 11. Flynn also said the motion was "full of lies and has no legal basis."
Political laundry aired
Contained within the exhibits supporting the motion papers are a mix of tales describing warring factions within the local democratic party, the fight that led to Pigeons eventual ouster as head of the Erie County democrats, and the relationships between various political bedfellows.
There are insights into Pigeon’s relationships with, and influence upon, such political luminaries as Mayor Byron Brown, former Gov. Andrew Cuomo, and Bill and Hillary Clinton.
What's next
State Supreme Court Justice William Boller is the assigned trial judge in Pigeon's case. However, under the rules of the court, he cannot rule on a motion to dismiss the District Attorney as prosecutor. That task now resides with the Supervising Judge for criminal matters in the 8th Judicial District, Hon. Susan Eagan.
You can read the entire motion filed below.
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