Defense wraps up Rensselaer County voter fraud case; closing arguments scheduled for Monday

The defense wrapped up its case Friday in Rensselaer County’s voter fraud trial. Closing arguments are set to begin Monday.

Richard Crist, James Gordon and Leslie Wallace are accused of obtaining absentee ballots on behalf of others and using them to vote multiple times in a plot to steal the 2021 election. They also allegedly changed the registration of county employees so they could vote in the primary.

Prosecutors argued that Crist, as chief operating officer, and Gordon, as director of the Office of Central Services, had significant influence and that employees feared for their jobs if they did not agree to the arrangement.

On the final day of testimony, the defense team attempted to undermine that argument.

Henry Zwack, a former Rensselaer County executive and current GOP elections commissioner, testified that the county charter does not contain a provision for a chief operating officer. The position was created by current Rensselaer County Executive Steve McLaughlin. It is not a civil service position or a union position — about 90 percent of the positions are. The person serves at the discretion of the county executive.

“Does Mr. Crist have any formal role in hiring and firing employees?” asked Crist’s attorney, Lauren Owens.

“No,” Zwack replied.

“Can the director of operators act independently of the county board?” she asked.

“No,” he replied.

During cross-examination, Assistant U.S. Attorney Michael Barnett asked Zwack how he obtained his position on the Court of Claims.

Zwack said he worked in the state department’s alcohol and substance abuse unit under Gov. George Pataki. Pataki was leaving office in 2006, and Eliot Spitzer was taking over the governor’s office.

Zwack said then-Senate Majority Leader Joe Bruno met him by chance and asked what he would be doing in January 2007.

“Would you like to appear before the Court of Claims?” Zwack recalled Bruno asking.

Barnett asked, “Is it fair to say that if you had upset him or in any way irritated him, he would not have asked you to sit on the Court of Claims?”

“Absolutely not,” Zwack replied. “He never forgot a friend and he never forgot an enemy.”

“He never had to say he was a powerful person, because you knew?” Barnett asked.

“That’s true,” Zwack said.

Barnett asked Zwack that he wasn’t in county offices very often and wasn’t familiar with the dynamics or events there. Prosecutors said that included James Gordon getting a mentally disabled person to sign an absentee ballot at Stewart’s Shops as part of the alleged fraud.

The second witness, Deputy County Executive Mary Fran Wachunas, testified that her primary role is as public health director and that she is essentially McLaughlin’s second-in-command for signing documents. She has no hiring or firing authority.

The county must consult with human resources and the union before making a decision to discipline or fire an employee.

She also praised her colleagues, Crist and Gordon, for their work helping the district survive the pandemic.

This led Barnett to express opposition to what he described as “the open character evidence that is being offered.”

Judge Mae D’Agostino agreed.

The final witness testified that he got a haircut at a barbershop in June 2024 just before the primary. A woman he later learned was Wallace came in and said she had a barbershop absentee ballot.

The barber said he would vote for whomever Wallace chose.

The witness gave slightly different written statements to the defense investigator and the FBI about what he saw. In one version, he sees a barber filling out a ballot and signing it. In another account, he sees only a piece of paper.

Barnett intercepted Facebook messages between Wallace and the witness, where the two were socializing. He wrote, “what do you do when you’re not going to salons and barbershops trying to circumvent democracy?”

They exchanged long messages in which he referenced the television series “The West Wing,” and the witness said he did not think Wallace acted like any of the characters on the show.

“Yes, because he was in the White House – he had nothing to do with local politics.”

The witness testified that he had an ironic, sarcastic sense of humor.

He also testified that she sent him messages explaining that they were trying to convince two of their candidates to win the primaries for county executive and county secretary.

Prosecutors have previously described the scheme as aimed at ensuring that their favorites, the Working Families Party, win the primary to help District Attorney Steve McLaughlin win re-election.

All three defendants face charges of conspiracy to violate constitutional rights.

Gordon also faces a charge of witness tampering. Wallace is also charged with making a false statement.

The jury adjourned for the afternoon to allow D’Agostino to rule on some of the motions.

Closing arguments will resume Monday at 9:15 a.m. in U.S. District Court.