POTSDAM -- A Potsdam auto dealer says he is “still in shock” after a court in Syracuse agreed he was the victim of malicious prosecution and false arrest in 2003 and 2004 due to police misconduct …
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POTSDAM -- A Potsdam auto dealer says he is “still in shock” after a court in Syracuse agreed he was the victim of malicious prosecution and false arrest in 2003 and 2004 due to police misconduct in a case of reporting of odometer readings in the cars he was selling.
More than 12 years after the fact, a state court has found that a Cornelius “Con” Mahoney of Mahoney’s Auto Mall, 7513 U.S. Rt. 11, was justified in filing a multi-million suit, originally brought shortly after dozens of felony charges made against him were thrown out by local courts in 2004.
“It’s kind of hard after 12 years. You wait, wait, wait, and then it happens. I’m glad, but it’s a little hard to accept, and I’m not even there yet,” Mahoney said.
The verdict, brought down in September after a trial in New York State Court of Claims, is only the first part of the outcome of the case. It assigned liability to the state for malicious prosecution and false arrest against Mahoney. The second phase will begin later at a trial to determine actual damages.
Mahoney said he had not met yet with his attorney, Roger Linden of Potsdam, to prepare for that second phase. He said no date for that phase has been announced by the court.
Mahoney had been charged with dozens of felony counts of providing forged documents relating to odometer readings on cars he had brought in from Canada, which were converted from kilometers, the Canadian standard, to miles.
But Mahoney was successful in showing that the prosecution was malicious and that as a result of the prosecution, his business declined dramatically.
Our earlier story can be seen here.