Nepotism in Cicero? No Way!

Dec. 26, 2011

Judge vacates
Rojas jury verdict against Cicero President Larry Dominick

Says Rojas
attorney “engaged in a repeated pattern of misconduct”

Cicero
– A federal Judge this week threw out a jury decision that Cicero Town
President Larry Dominick had fired a former employee for political reasons and
granted the Town’s motion for a new trial.

Chief
Judge James F. Holderman also re-affirmed in the strongest language the jury’s
original conclusion that President Dominick did not racially discriminate or
slur the plaintiff, Merced Rojas.

In his
strongly worded ruling, Judge Holderman denied a motion by Rojas’ attorney to
re-try the racial discrimination charges and he accused the attorney, Dana
Kurtz of misconduct that “tainted” the jury’s decisions against President
Dominick.

Judge
Holderman said that during the July 2011 trial, Ms. Kurtz “engaged in a
repeated pattern of misconduct.”

It is
rare for a judge to reverse a jury’s decision. Judge Holderman’s decision
vacates a $650,000 judgment. The judge’s action comes in response to post-trial
motions filed by President Dominick’s attorneys.

The
ruling is a major victory for Dominick who steadfastly denied ever
discriminating against Merced Rojas because he is Mexican American. President
Dominick has insisted that Rojas was not fired for political reasons but was
dismissed because he had failed to do his job.

President
Dominick said he was vindicated by the judge’s ruling and is eager to prove
that Rojas was fired for failing to do his job for the taxpayers.

“I’m
glad the judge reaffirmed the jury decision that there was no basis for the
racial discrimination charges,” said Dominick, whose wife is Mexican American.

“I am
also elated that Judge Holderman saw through the unethical political
shenanigans of the Rojas lawsuit and threw out the jury’s decision that Mr.
Rojas was fired for political reasons. Mr. Rojas was fired because he cheated
the people of the Town of Cicero and did personal work for his own benefit while
he was supposed to be working for the taxpayers of the Town of Cicero.”

In his
ruling, Judge Holderman reprimanded Rojas’ attorney, Dana Kurtz, describing her
conduct during the trial as unprofessional.

The
judge wrote in his decision, “Plaintiff’s attorney Dana Kurtz engaged in a
repeated pattern of misconduct, starting with inappropriate comments in her
opening statement and repeated attempts to introduce inadmissible and
prejudicial evidence before the jury, that, taken together, prejudiced the defendant’s
case on the political retaliation claim.”

The
judge cited repeated incidents in which false claims were made during the trial
and were presented as “evidence” but that were never proven by Rojas or his
attorney with facts. Judge Holderman said the misconduct of attorney Kurtz
“prejudiced the jury.”

During
the trial, Kurtz was repeatedly admonished not to prejudice the jury with
unsubstantiated remarks, Holderman said, but she ignored his repeated warnings
and continued to “taint” the jury’s view. Judge Holderman said attorney Kurtz
had on several occasions attempted to and in fact did “taint the jury” with
inadmissible evidence improperly introduced during the original trial.

“I was
always confident that the facts as presented would vindicate President Dominick
and the Town,” said Cicero Town Attorney Michael Del Galdo.

“The
plaintiff and his lawyer’s inappropriate and untrue comments clearly prejudiced
the jury. We’re pleased the judge saw through those prejudicial efforts to
allow President Dominick to receive a fair ruling.”

Del
Galdo said that President Dominick does not view employees based on their
political affiliations or loyalties. He said Rojas was fired for doing personal
work for his own personal financial benefit when he was supposed to be working
for the town and the taxpayers.

Del
Galdo emphasized that President Dominick will defend the rights of taxpayers
who expect town employees to do their jobs, not personal business on Town time.

END