Judge appoints Yates County ADA as special prosecutor in Ruzicka case

Seneca County Judge Dennis Bender Wednesday appointed David Mashewske of Penn Yan as special prosecutor in the case of the People of the State of New York vs. Thomas Ruzicka, member of the Town Board.

Mashewske was an assistant district attorney in Seneca County when Richard Swinehart was district attorney. He is now a part-time assistant district attorney in Yates County.

Bender made the appointment after Seneca County DA Barry Porsch applied for a special prosecutor Tuesday, citing a conflict of interest in his office.

Porsch said the conflict is because one of his assistant district attorneys, Patrick Morrell, also is the attorney for the Seneca Falls Town Board, thus works for both Ruzicka and the complainant, fellow board member David DeLelys.

This is the third instance of a conflict of interest since the May 5 physical encounter between Ruzicka and DeLelys at Parker’s Grille and Tap House on Fall Street.

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