Mar 22, 2007 By Amy Zalar 6 min read

Herald-Standard More than three dozen people who signed nomination petitions for Fayette County Controller candidate Sean P. Lally testified in court Wednesday during a hearing in which Fayette County Controller Mark Roberts is attempting to have Lally thrown off the ballot.

A steady stream of people appeared in court one by one, each testifying about whether or not they signed Lally’s petition, where they were when the signing occurred, if they knew what they were signing and who gave the petition to them to sign. Most of those who testified said they knew their signature was to get Lally on the ballot, and they were fully aware of that when they signed.

Roberts, through attorney Jason Adams, is alleging “deficiencies and irregularities” in Lally’s petitions. The issues include unregistered voters, improper addresses; people who previously signed Roberts’ petitions, as well as an allegation that Lally did not personally circulate his nomination petitions. Each petition circulator must sign an affidavit verifying they are aware to the best of their knowledge that each person on the petition is qualified to sign it.

Lally took the stand on his own behalf and testified that he did give some of the petitions to other people to sign, but thought he was permitted to do so. Lally signed affidavits on petitions as the circulator for some petitions in which some of the people whose names appear in the petitions testified that Lally did not circulate the petition. Wednesday marked day three of testimony on the matter, which will ultimately decide whether or not Lally’s name will appear on the May 15 municipal primary ballot.

“I thought it was acceptable,” Lally said of letting someone else circulate his petition. Lally said he took a petition everywhere he went and when he was questioned about individual names, said there were many he couldn’t recall. “It’s absolutely mentally impossible to remember every person who signed my petition,” Lally said. Lally’s attorney, Timothy Andrews pointed out that prior to 2001 it was acceptable to not be present when petitions were signed.

Lally also answered questions about whether or not he registered to vote in Ohio, as well as Allegheny County. He said he signed up to vote in Ohio four or five years ago but never voted there and did live in North Versailles, but did not recall registering there.

Prior to the challenge regarding the petitions, Lally had secured 436 names. A total of 250 are required to remain on the ballot. At the end of the day’s testimony, Judge Steve Leskinen had struck only three names from the ballot. Adding the three to the 68 previously eliminated, Lally still has 365 valid signatures. The three stricken names were taken off the petitions because the individuals did not recall signing them or did not know what they were signing.

All of those who appeared to testify did so after receiving subpoenas, which were sent to people ranging from nuns at Mount Saint Macrina to Fayette County Commissioner candidate Sean M. Cavanagh, who circulated some of Lally’s petitions. Neither Cavanagh nor any of the nuns were called to testify.

The testimony, which began in the morning and continued until late afternoon, mostly centered on whether or not Lally personally circulated his petitions. Most of those who testified, including nearly the entire office of the American General insurance company, said they were aware they were signing a petition to get Lally on the ballot, but further testified that he was not the one who circulated the petition.

John E. Roll Jr. of American General said three quarters of the office signed the petition and was present in court to testify. “Literally the office is shut down today,” Roll said. He testified that Cavanagh gave him the petition to sign.

Numerous other agents and secretaries testified that Cavanagh circulated the petition, and Lally was not present when it was signed. Mark Santore, who also works at American General, said Cavanagh gave him the petition to sign and Lally was not in the office. However, Santore said he waved at Lally who was sitting in a car in the parking lot when the petition was signed.

Other people testified that Cavanagh gave them the petition to sign when they were eating at Vinny’s Pizza, which Cavanagh owns.

Carmella Glagola, who needed to borrow glasses from Leskinen because she said her purse with glasses was stolen the day before, said she signed the petition when she went to eat pizza.

Other individuals testified that they signed the petition while attending a committee meeting of Vincent Zapotosky, who is also running for county commissioner.

Several employees of Community Action testified that they signed the petition to put Lally on the ballot after Christine Brownfield, who also works at Community Action, gave them the petition.

Brownfield said her husband, who is an employee of Lally, gave her the petition.

Kathleen Winkler testified that she obtained numerous signatures on a petition that had Lally’s signature as the circulator. Winkler, along with numerous other witnesses, testified that she received a telephone call from Roberts in which he asked her about signing the petition.

“(Roberts) asked what he did wrong, and I said nothing,” Winkler said. She said she got scared when Roberts said he was going to send her a subpoena.

Winkler said she has circulated numerous petitions for other people and knew she was supposed to sign it as a circulator. “I even know I am supposed to do that. I would have done it. I wasn’t thinking,” she said. Winkler said she had a brain tumor seven years ago and she has to leave notes around to remember what she is supposed to do. “I should have had a note on the fridge and I would have signed it,” she said.

At the end of testimony, Andrews argued that the petition filed by Adams is not specific enough to the issue being challenged when it lists “improper affidavit of circulator.” Both Andrews and Adams cited case law to support their respective positions. Leskinen will decide later if the language in the petition is specific enough.

When Leskinen asked each attorney how many names they believe are currently ineligible, Adams estimated 130, while Andrews said 110.

Leskinen cautioned counsel on both sides that he will not allow testimony to continue beyond today, and also said anyone who received a subpoena should appear in court. Although Leskinen said he did not want to threaten to throw people in jail for not appearing, he said the law requires that anyone who receives a subpoena must appear and failure to do so is a violation of the law. Testimony will begin at 9 a.m. this morning.