Opinion: Where are the documents?

Dear Editor,

On Sept. 4, 2012, a hearing was held regarding the demolition of a home I purchased at auction for $100. While in attendance at this meeting, I noticed that the resolution that was read was the incorrect motion. 

The following day I went down to the Village Clerk’s Office to view the motion that was signed by Clerk / Treasurer Rodney Marchewka. As I expected, an incorrect motion had been filed and I immediately informed Marchewka of the error. I knew this error could easily be remedied at the next board meeting, but it would have bought me some time to try and save the historic structure.

More than a week later, however, Rodney Marchewka created a brand new motion and signed it. I notified him that this was a forgery and that the new motion was not filed within the statutory time requirement. Marchewka simply laughed at me, stating, “I am not afraid of you Joe.” 

I immediately took the two different versions of the same motion to the Sheriff’s Department where it was investigated by Investigator Hogan, who determined that the motions were switched. But after a discussion with Judge Boland, it was decided that no charges would be filed.

I was not ready to give up, and I sought to get audio and video recordings of the meeting. It was at this time that Village Attorney Robert McKertich became involved and told me I would have to file FOIL requests for the official recording and that it would take time. I was not allowed to simply go down to the village offices and listen to the tape. 

I feared a cover-up, so I contacted two other individuals who I knew also recorded the meeting. One was Trustee Earl Hartman, the other was the husband of former Owego Trustee Connie Sternberg. After speaking to both parties, they both agreed to let me view their recordings and get copies.

Shortly after receiving this great news I was contacted by both these parties and they were no longer willing to let me view the recordings. According to both of these individuals, Robert McKertich had demanded that all recordings would be sent directly to him, that I was not allowed to view the recordings first. I am not sure under what authority McKertich could issue such a demand, but it was followed.

Roughly a month later, I would receive an audio recording, which I believe was a complete forgery. Unfortunately, the proof I needed had been confiscated by McKertich, thus preventing me from uncovering the truth. 

I had one last hope, and that was with Earl Hartman, who had informed me that he would retain his original recording of the meeting and send McKertich only a copy. I therefore gave Earl Hartman my copy of the recording of the meeting that had just been sent to me, and I asked him to check it with the recording he took to see if a forgery had taken place. I wouldn’t hear from Earl Hartman again for over five years.

Several weeks ago I contacted Earl Hartman again and asked him if he had ever compared the copy of the recording I received with the one he made at the meeting. Earl Hartman claimed that he never made the comparison, rather, once again, Robert McKertich told him not to listen to my recording and to instead send the recording he had just given to me, back to him. Earl Hartman did promise to look for his recording of the meeting, and promised that I would be allowed to view it when and if he found it. Earl Hartman never called me back, he will not answer my phone calls, once again, and I am left in the dark.

For almost six years now I have been denied the chance to show the truth of what occurred at this meeting and the act of fraud and forgery that was committed against me by Village Clerk / Treasurer Rodney Marchewka.

Sincerely,

Joseph Breitwieser

Owego, N.Y.