Levy doesn't have to testify, judge rules

Former Suffolk County Legis. George Guldi outside the courtroom in... — Former Suffolk County Legis. George Guldi outside the courtroom in Riverhead. (Jan. 18, 2011) Credit: Joseph D. Sullivan

By MARK HARRINGTON AND SANDRA PEDDIE.mark.harrington@newsday.com,,sandra.peddie@newsday.comJanuary 28, 2011

A judge in the insurance fraud trial of former Suffolk Legis. George Guldi ruled Friday that County Executive Steve Levy would not have to testify in the case.

County Court Judge James F.X. Doyle issued a ruling quashing a subpoena that Guldi had served on Levy requesting his testimony at the trial. Suffolk County Attorney Christine Malafi had objected, saying that any testimony by Levy was "collateral" because he is not a party to issues of the trial. She had also argued Guldi had "failed to demonstrate that he could not otherwise obtain the information sought from other sources."

During a sidebar conference with the jury not present in the courtroom, Guldi complained to Doyle that he found it "completely impossible to defend myself" without "naming names." Guldi said he needed to be able to question Ethan Ellner, a prosecution witness in the case, about an alleged "bribe to the county executive."

In response, Doyle told Guldi, "You're not trying other cases here."

Dan Aug, a Levy spokesman, said in a statement: "From Day 1, Guldi has been making outlandish and bogus claims in an attempt to drag the county executive into his circus act, as a diversion. The court has wisely rejected this charade, and no reasonable person would give credence to the unsubstantiated rantings of this desperate criminal defendant."

Court papers released earlier this month show that Ellner, who along with Guldi had been charged with involvement in an $82-million mortgage fraud case, had told Guldi he had paid a "bribe" to an official in order to get county work. Doyle has ruled that Guldi cannot mention the official's name during his questioning of Ellner. The name of that official was redacted in the court papers.

During testimony Thursday, Ellner said he had made campaign contributions to an unnamed official because "I thought it was necessary in order to get the work" with the county. He said he had been asked to make the contributions. But he did not say who had asked him, and Assistant District Attorney Thalia Stavrides did not ask Ellner who in government had solicited the contributions.