Tuesday, June 18, 2013
Tuesday, June 18, 2013

Capozzi's Court Challenge Of Election Tossed By Judge

A Common Pleas Court judge today tossed a lawsuit filed by Barbara Capozzi last month to challenge the results of the May 17 Democratic primary election for the 2nd District City Council seat being vacated by Council President Anna Verna.

13 comments

Capozzi's Court Challenge Of Election Tossed By Judge

POSTED: Wednesday, July 20, 2011, 4:46 PM
An election challenge filed by Barbara Capozzi (right) has been thrown out of court, leaving state Rep. Kenyatta Johnson the winner of the May 17 primary.

A Common Pleas Court judge today tossed a lawsuit filed by Barbara Capozzi last month to challenge the results of the May 17 Democratic primary election for the 2nd District City Council seat being vacated by Council President Anna Verna. 

Judge Allan Tereshko said Capozzi's challenge asked him to ignore the votes cast for the winner, state Rep. Kenyatta Johnson, and "engage in serial speculation" about what might have happened if some poll workers had not covered up on the ballot the name of another candidate who had dropped out of the race.

Capozzi, a real-estate broker, finished 40 votes behind Johnson and later complained about "widespread irregularities," claiming the election results were compromised and had to be voided.  Damon Roberts, an attorney who ran for the seat in 2007, ran again this year but dropped out of the race on May 10.  That was too late to have his name removed from the ballot.  But some poll workers, acting on instructions from a Philadelphia City Commission employee, taped over his name on the ballot.  Roberts received 319 votes, which were not counted.

Tereshko wrote that Capozzi was arguing that "because more voters didn't 'throw away' their vote by voting for an ineligible candidate, somehow the validity of the election was compromised in such a way that it should be voided."

The case had been scheduled for a hearing next week but Tereshko ruled on a motion from Johnson, seeking to have it thrown out of court.

UPDATE, 5:20 pm: Capozzi just emailed to say she is "surprised and disappointed at the Judge’s ruling denying us any opportunity to make our case in Court. My lawyers believe that we had a strong set of provable facts that would have shown significant irregularities in the election. Our legal team will determine next steps."

13 comments
Comments  (13)
  • Comment removed.
  • 0 like this / 0 don't   •   Posted 8:06 PM, 07/20/2011
    Thank You, finally we can have some peace. Capozzi needs to be more gracious in defeat, Mr. Johnson will serve our district well.
    GardenGuru
  • 0 like this / 0 don't   •   Posted 10:24 PM, 07/20/2011
    Give it up.
    Sanchez
  • 0 like this / 0 don't   •   Posted 10:27 PM, 07/20/2011
    Bye Barb
  • 0 like this / 0 don't   •   Posted 10:30 PM, 07/20/2011
    Capozzi & Guida real life losers
  • 0 like this / 0 don't   •   Posted 10:34 PM, 07/20/2011
    Here are facts for you to digest and then you will truly understand that the right person lost and that was Barbara "Backroom Deal" Capozzi. She had/has an unpopular, inexperienced convicted felon named Mike Guida consulting on her campaign. He is thisclose to her husband, Frank Scaramuzza, a general contractor. BTW his inexperience apparently is limited only to politics; he was arrested in the USA v Dennis Virelli et al, a major meth ring. It appears that all of the defendants in this federal case cooperated at some point, so it is good to know that Mr. Guida can negotiate a deal at least for himself via F. Emmett Fitzpatrick, Esquire, a high priced attorney who replaced mid priced Neil Jolkelson, Esq. and his first attorney Jospeh Capone, Esquire, a lightweight from South Philly
  • 1 like this / 0 don't   •   Posted 11:52 PM, 08/12/2011
    If this is true, then how come George Anastasia has not written about it?
  • 0 like this / 0 don't   •   Posted 10:34 PM, 07/20/2011
    And it gets better - Virelli has a brother, Dom who is thisclose to Register of Wills and 26th Democratic Ward Leader Ron Donatucci. Over the years, Dominic Virelli with the assistance of Donatucci and former L & I Commissioner Robert Solvibile (who is thisclose to Donatucci) has made tons of money doing the roof capping on demolished buildings for the city. It was a competitive bid contract, but there was plenty of behind the scenes help in writing the specs for the bid of that contract to ensure that Dominic Virelli made a ton of money, so he could enjoy the weekends in Florida with his close friend Ron. And guess what? Guida had a business relationship with this Virelli too until he offered to cooperate against his brother Dennis in that major meth case mentioned earlier. Guida was charged with four major felonies ….. which were later converted as a BS gambling “cover story” for Guida. Read the case it is available via PACER http://www.pacer.gov/ Capozzi's consiglieri was a real life Soprano... not the character in the HBO series, but as he sang like an angel as a cooperating self preserving rodent. We do not need that kind of person involved in government, unless he is doing time in prison. Smarten up CleanupPhilly.
  • Comment removed.
  • 0 like this / 0 don't   •   Posted 10:55 PM, 07/20/2011
    I would like to congratulate Kenyatta Johnson on winning the Democratic 2nd District City Council nomination and also congratulate Barbara Capozzi on running a terrific race and clearly proving that she has a future as an elected official. Hopefully, she will continue with her strong momentum and look at her options in the near future. One of which would be to run for the 1st District State Senate next year. I know if Barbara Capozzi were to run against Larry Farnese, she would absolutely have my vote - that’s for sure!
    Fred Druding, Jr.
  • 0 like this / 0 don't   •   Posted 11:04 PM, 07/20/2011
    Fred you are a class act and YOU should run for office. Capozzi was close to me and a few other women at one time, We told her to stay away from the likes of Mike Guida, the convicted rodent that flyers groupie is talking about. It shows her inexperience, bad, bad judgment and even with her cousin's (Ron Donatucci) support she is not ready for prime time. She has vendettas against too many people and associates with slime like Guida. Her money carries her to allot of places - her ignorance,childish attitude and temper tantrums combined with a large helping of Guida the Rodent Snitch makes her a loser. She should keep selling overpriced houses to snobs -that is her true calling Freddy Boy
  • 0 like this / 0 don't   •   Posted 9:36 AM, 07/21/2011
    Kirk Penn 2010, u have a lot to say where do u live in a slum or do u live with ur mother or maybe ur grandmother
    the commodore
  • 0 like this / 0 don't   •   Posted 8:09 PM, 07/23/2011
    Flyers groupie = Eddie wright
    If it is it explains the fabrication to the above comments . Keep it up and you might expect a defamation suit .
    I apologize to the readers to have to stray from the main topic .
    wowforreal


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