Judge declines sanctions, seeks perjury investigation

A federal magistrate has recommended against sanctions for a lawyer in a lawsuit filed against the town of Greece, but he made a referral to the United States attorney for a possible perjury prosecution.

The case involves a lawsuit against the town of Greece and town officials filed by Robert Johnson, the town’s former deputy commissioner of public works, who alleged that he was forced to work thousands of unpaid hours for Supervisor William D. Reilich, for Reilich’s side business and personal business, and for the Monroe County Republican Committee.

In September 2023, the case was referred by Chief U.S. District Court Judge Elizabeth A. Wolford to Magistrate Judge Mark W. Pedersen.

In May 2024, Karl J. Sleight, an attorney representing the town, wrote in a declaration: “I respectfully request … that the Court sanction (Johnson’s attorney, Maureen T. Bass) and/or Mr. Murphy for their submissions and representations with respect to the instant matter.”

“Following extensive back and forth with counsel and one non-party witness, and my consultation with a forensic computer expert, I report and recommend that no Rule 11 sanctions be imposed at this time, but that the matter of inconsistent statements by William Murphy be referred to the United States Attorney for possible perjury prosecution,” Pedersen wrote.

Murphy is a member of the Greece Town Board.

Attorneys representing the defendants asked Pedersen to allow them to examine the contents of Murphy’s phone. Pedersen responded that he would not grant the request “until I understood who Murphy was and why the town needed to mirror the contents of his phone.”

Town attorneys told Pedersen that, once they were able to extract electronically stored information (ESI) from Murphy’s cellphone, they would provide “the relevant and material information.”

Town attorneys also issued a litigation hold on the phone of Johnson’s attorney, claiming that her law firm “is likely in possession of relevant and material information.”

Town attorneys claim that Murphy told them he communicated with Bass about the case.

But, in a sworn statement, Murphy denied telling them that he communicated with Bass about the case, and he denied that he deleted a text message.

“I have never met Ms. Bass, nor have I ever communicated with her—by way of telephone, call, text message, email or any other means of communication about this matter or anything else,” Murphy wrote in a court filing,

Sleight told Pedersen there are “witnesses and other corroborating evidence.”

Sleight conducted an interview with Murphy, via Zoom, on Feb. 6, 2024. A partner in the law firm that represents the town was included in the conference.

Sleight claims Murphy stated that he did not know Bass and had not spoken with her, but that he received a text message from her inquiring about the salary of Michelle Marini, a former town official named as a defendant in the lawsuit.

Sleight asked Murphy to locate the text message from Bass, but he said he had no messages prior to Jan. 30, 2024, because they were deleted.

“I can say unequivocally that Mr. Murphy stated on two occasions that he received a text message from Ms. Bass,” Sleight wrote.

“Mr. Murphy has provided a sworn statement that he never communicated with Ms. Bass. While Mr. Reilich and Mr. Sleight indicate that Mr. Murphy told them that Ms. Bass reached out to him,” Pedersen wrote.

“Two witnesses and a recorded conversation directly contradict Mr. Murphy’s sworn statement filed in this case,” Pedersen wrote.

“Therefore, I recommend that the matter be referred to the United States Attorney for investigation into perjury.”

Reilich described Pedersen’s report as “thorough and meticulous.”

“The evidence the Court points to is cause for alarm,” Reilich wrote in a statement sent to the news media.

“Mr. Murphy needs to search his heart and soul and decide whether he can be an effective member of the Board and serve this community under these circumstances,” Reilich wrote.

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