Posted on 07/18/2008 8:53:03 AM PDT by Behind Liberal Lines
the first steps have been taken to file a lawsuit against Ontario County and its district attorney.
It stems from a case involving a Greece engineer who was acquitted of putting in faulty septic systems and Walter Casper, who is now serving time for his wife's murder.
“I know the DA's office in Ontario County didn't present all the information that was out there and available.”
Defense attorney Mark Young has piles and piles of paperwork from that case. His client, engineer Dave Simpson of Greece, was charged with six counts of filing a false instrument.
Young was determined to make sure his client didn't get punished for something he says another man did. That other man, was Walter Casper, he is also an engineer and the man serving time for killing his wife by intentionally letting the family van roll off a cliff.
“This could have been stopped early on. It wasn't because people didn't do their job that we hold in high regard and hope they do their job.”
Young is referring to Ontario County District Attorney Mike Tantillo. Young says Tantillo never told the grand jury that it was Casper who originally surveyed the area in Farmington.
The whole situation got started when Casper tested the soil in the area in the late 80's by doing what is called a percolation test. “Time how fast the water dissipates through ground or percs through soil.”
The engineer can then figure out what type of septic system to put in the ground. Dave Simpson used those results to put in systems in but they immediately started to back up.
Young says that's because Casper lied on the perc test. There is no chance it could have changed, “the ground is the ground.”
Young filed a notice of claim late last month saying Tantillo maliciously prosecuted his client and now they’re hopping someone takes responsibility.
“The prosecution has some responsibility to acknowledge when they made a mistake.”
Mike Tantillo didn't want to go on camera today
Both parties are meeting in October for what's called a deposition where they'll decide whether to offer Simpson a settlement or go to trial.
Any engineer who signs off on another engineer’s tests is wrong, wrong, wrong. It may be the case if I’m reading it right.
...
The whole situation got started when Casper tested the soil in the area in the late 80's by doing what is called a percolation test. “Time how fast the water dissipates through ground or percs through soil.”
AbZorba the Greek.
Greece is a suburb of Rochester NY.
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