Gordon appeals judge's decision in defamation case

A former candidate for Oneida County executive who was ordered to pay nearly $400,000 in a defamation case has filed an appeal in State Supreme Court.

Posted: Oct 22, 2021 4:31 PM
Updated: Oct 22, 2021 5:58 PM

A former candidate for Oneida County executive who was ordered to pay nearly $400,000 in a defamation case has filed an appeal in State Supreme Court.

Dave Gordon, who ran against Anthony Picente in the 2019 Republican primary, accused Picente of having an inappropriate relationship with former county worker, Caitlin McCann.

McCann sued Gordon over his slanderous statements and won her case in February.

Earlier in October, the judge ordered Gordon to pay $394,416 for mental anguish, humiliation and punitive damages.

On Oct. 11, Gordon filed to have the decision overturned.

In his appeal, Gordon claims the courts violated his constitutional right to a fair trial by waiving an in-person trial in favor of a virtual one due to the coronavirus pandemic.

In the court documents, the reason for appeal reads, in part, "The Court denied Defendant's right to waive an in-person trial when requested to proceed remotely. The court then waived the right of the Defendant to proceed in person issuing judicial subpoena the Friday before the Monday morning court trial demanding that Defendant appear remotely as a "Witness" only to the Plaintiff. The court having waived Defendant's right to an in-person trial violated Defendant his constitutional rights to a fair trial."

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