April 2009
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The editor is John Ryan at email: perugazette@gmail.com. The Peru Gazette is a free community, education and information website. It is non-commercial and does not accept paid advertising.

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Charges against Covel clarified

By John T. Ryan

On March 29, 2009 the Press Republican reported the arrest of Peru Town Supervisor Donald Covel on what the Press Republican reporter referred to as a “slew of official-misconduct charges.”  The Peru Gazette visited the offices of the Clinton County Court Clerk to review the March 25, 2009 Clinton County Grand Jury Indictment naming Covel as the defendant. Covel was indicted on seven counts of official misconduct and one count of obstruction of governmental administration in the second degree.

Covel had been the subject of a previous indictment. In September 2008, he was indicted on three counts of official misconduct and one count of obstruction of governmental administration. In January 2009, Clinton County Judge Patrick McGill dismissed the three official misconduct counts citing the District Attorney’s office for improper instructions to the Grand Jury. In February, 2009 Covel refused to plead guilty to the obstruction of justice charge and asked for a trial. District Attorney Wiley responded with the expanded eight-count indictment. All charges are misdemeanors. The case will come to trial on July 20. 

All the charges relate to Covel’s alleged conduct while holding the office of Town Supervisor or when he was acting as Code and Zoning Enforcement Officer.

Counts 1-7 involve Official Misconduct:

Count 1 – Firing without authorization the Town of Peru Code and Zoning Enforcement Officer.

Count 2 – Improperly issuing a building permit to Linda Covel.

Count 3 – While Supervisor and acting as Code and Zoning Enforcement Officer improperly issuing a Certificate of Occupancy to Linda Covel.

Count 4 – Between February 20, 2008 and March 28, 2008 improperly issuing a Certificate of Occupancy to Frosty Springs Bottling Company.

Count 5 – Issuing a Certificate of Occupancy to Frosty Springs Bottling Company which should not have been issued because the building was not complete.

Count 6 – On or about March 28, 2008 issuing a Building Permit to Linda Covel which should have not been issued because the permit application was not complete.

Count 7 – On or about April 1, 2008 issuing a Certificate of Occupancy to Linda Covel which should have not been issued because the building was not complete.

Count 8 – Obstruction Governmental Administration in the Second Degree. On or about February 20, 2008, Donald Covel intentionally obstructed, impaired, or perverted the administration of law or other governmental function or prevented or attempted to prevent a public servant from performing an official function by means of intimidation, physical force, or interference by any lawful act, to wit the defendant prevented or attempted to prevent a public servant, the Town of Peru Code and Zoning Enforcement Officer from performing an official function by firing said official without being authorized.