"Lewiston supervisor disciplined by sheriff"

Today, April 5, 2017, the Niagara Gazette published an article explaining how Town of Lewiston supervisor, Lt. Broderick, had interfered in a drunk driving arrest.

According to the existing Town of Lewiston Code of Ethics, the actions of supervisor Broderick breach the 40 year old town law.

The Lewiston Taxpayer Accountability & Action Alliance proposes to strengthen the existing code.

"LOCKPORT — A veteran Niagara County Sheriff’s lieutenant and the current Lewiston town supervisor was disciplined for interfering in the arrest of the daughter of a State Supreme Court justice’s law clerk.Sheriff’s Office brass confirm that Lt. Steve Broderick was the subject of a “personnel action” after he convinced a deputy under his command to reduce a drunken driving charge that had been lodged against the daughter of Ron Winter, a former assistant Niagara County District Attorney and the current law clerk to State Supreme Court Justice Richard C. Kloch Sr.“(The reduction of a driving while intoxicated charge) was done for a personal reason,” Undersheriff Michael Filicetti said. “As a result (of an internal investigation), there was personnel action taken against Lt. Broderick.”Filicetti declined to elaborate on the action that was taken. Calls to Broderick were not immediately returned.According to Filicetti, a sheriff’s deputy stopped a car driven by Rachel Winter at 3:19 a.m. Nov. 24 on Locust Street in Lockport.“She was driving with no headlights and she crossed the center line (of the street),” Filicetti said. “And then the deputy observed her make a wide turn.”The deputy conducted a traffic stop on the car and had Winter step out of the vehicle. He then had her perform a series of field sobriety tests.Filicetti said the traffic stop was recorded on the deputy’s body camera and after Winter failed the field sobriety tests she was advised that she was going to be arrested and charged with driving while intoxicated.“The deputy gave her Miranda (arrest) warnings and DWI refusal warnings (advising her of the consequences of not taking a Breathalyzer test),” Filicetti said. “(Winter) then requested to speak with her father, who is an attorney.”The undersheriff said the deputy then called his on-duty supervisor, Broderick, for guidance.“Broderick asked (the deputy) if she was related to Ron Winter,” Filicetti said. “He (Broderick) said, ‘I know him (Ron Winter).’ “Rachel Winter was allowed to call her father at the traffic stop and spoke to him.“Rachel calls her father for the purpose of deciding whether to take the (Breathalyzer) test,” Filicetti said. “There’s no resolution on the test and she is transported to our department (for processing).”At that point Winter declined to take the Breathalyzer test and the deputy began to prepare the paperwork for his DWI charge, including having Winter’s car towed and held for 12 hours. Filicetti said that’s when Broderick intervened.“Broderick arrived (in the arrest processing area) and suggested that the deputy lessen the charge,” the undersheriff said. “The deputy said to (Broderick), ‘It’s up to you.’ And Broderick said, ‘Well you have to be comfortable (with the change).’ “According to the sheriff’s office investigation, the charges against Winter were then changed to reckless driving and failure to keep right.Judges in Lockport and North Tonawanda city courts recused themselves from the case and Niagara County District Attorney Caroline Wojtaszek also rescued her office and asked for a special prosecutor. State Supreme Court Justice Paula Feroleto, the chief administrative judge for the Eight Judicial District of New York, transferred the case to Orleans County District Attorney Joseph Cardone.Then, someone reviewed the video from the deputy’s body camera and contacted Sheriff James Voutour.“We opened an investigation into what transpired,” Filicetti said. “We had some concerns about why (Winter) wasn’t charged with DWI.”Filicetti said in addition to disciplining Broderick the office has advised the Orleans County DA that it is withdrawing the reckless driving charge against Winter and re-filing the DWI charge.“We have told the DA it is our intention to charge her as the deputy originally intended to,” Filicetti said. “She will be charged with driving while intoxicated, improper lane and no headlights.”