The sentencing of former Mount Vernon Planning Commissioner Constance “Gerrie” Post and her businessman boyfriend Wayne Charles has been pushed off again. Both Post and Charles have new lawyers. Post has retained Clinton “Chip” Calhoun and Charles has hired Richard Willstatter. Post was represented by Andy Rubin and Ken Saltzman at her trial in March year where she was convicted of illegally conspiring with Charles to steer more than $2.3 million in municipal contracts and federal funds to his businesses. Charles was represented by Richard Ware Levitt.
U.S. District Judge Kenneth Karas has retained the Nov. 12 court date for the case, but not for sentencing. There will be a hearing that day to determine if Calhoun is barred by conflicts from representing Post. His law partner, Kerry Lawrence, represented John Cavallaro, a lawyer who worked for the city and testified for the prosecution at Post and Charles’ trial.
No new sentencing date has been set. Post and Charles each face a maximum of 20 years in prison.
Already facing two federal criminal trials in White Plains, former NYPD Commish Bernie Kerik took the first steps toward a third trial by pleading not guilty today in Washington, D.C., to charges he lied to White House officials who were vetting him for the position of Secretary of Homeland Security. Pres. George Bush nominated him for the post in December 2004.
Kerik was indicted here in November 2007 on public corruption and tax fraud charges as well as the White House charges. But Judge Stephen C. Robinson has since ruled that the tax charges must be tried separately from the public corruption charges. And Kerik refused to waive jurisdiction on the D.C. charges. So one became three.
The federal investigation into Kerik came to light in September 2006 when former Westchester County District Attorney Jeanine Pirro announced that she was under federal investigation for allegedly trying to get Kerik to plant a listening bug on the boat of her husband, Albert Pirro Jr. Pirro suspected her husband was cheating on her.
No charges were ever filed regarding those allegations. Pirro was running for Attorney General at the time and said the leaking of the investigation — her announcement came shortly before WNBC News was to go on the air with a story about the probe — was politically motivated.
Kerik’s first trial in White Plains is slated for October. His D.C. case has been put on hold until his White Plains trials are done. His next scheduled court appearance in Washington is Jan. 22.