The reform machine in Brooklyn made no such error, positing
itself as the honest alternative to the "regular" machine that chugged
on even after Meade Esposito died in 1993 (eighty-six years old and $6 million
richer). The reformers thrived as a result-won elections, got posts, drew
state money-but to an outsider they looked more like a toothless minority
party that, true to reform's finest tradition, never got much done.
Such was the relative value of honesty. As for John O'Hara,
he had a premium on the stuff; by the mid-1990s he was considered a failure in
politics, a perennial loser. His base, the elderly Irish and Italians of Sunset
Park, had died off or evaporated to the suburbs, replaced by Hispanic power that
the reform machine had channeled to its own ends.
Somehow, though, he managed to get on the ballot year after
year. In the demented labyrinths of New York state election law, this can amount
to an epic act, for New York allows nominating petitions to be challenged by
one's opponent on the most picayune grounds (a bungled address, a typo, an
unsigned cover sheet). Each year, vast sums are spent on eagle-eyed election
lawyers, who at $400 an hour invalidate one by one the signatures on the green
sheets, nullifying entire candidacies under the pall of court-clogging
"petition fraud" lawsuits. The result of this often inane rite is that
the state of New York for years produced over 50 percent of all election
litigation in the United States. Ironically, these traps and pitfalls, designed
to prevent the wholesale election frauds perfected by the old machine, are now
the chief machine weapon to quell insurgency.
In election year 1996, the year of his arrest, John O'Hara
had fought from under a particularly long and brutal petition challenge by Jim
Brennan. He was also under investigation by the Brooklyn district attorney. Men
from the D.A.'s office had shown up at his mother's house, banging on the door,
asking for her, for him, but his mother was too frightened to answer. The
detectives visited his campaign headquarters and his apartment, where they'd
rifled his garbage, tossing it in the street. O'Hara kept on the move, staying
with friends, living on couches, convinced that his phone was tapped.
The election itself, on September 10, was "the worst
electoral debacle in modern city history," according to the Village
Voice. By mid-day, polling places had collapsed into chaos, following the
late arrival of some 1,700 voting booths that were expected to be delivered
overnight from the city Board of Elections. Crowds of angry voters queued in the
unseasonable heat and were finally sent home, and investigators later concluded
that at least 10,000 Brooklynites, and possibly many more, were disenfranchised,
victims of an internecine war over control of the patronage-rich surrogate's
court. Fittingly, a local newspaper soon ran a cartoon showing U.N. blue helmets
marching into Brooklyn with guns drawn.
O'Hara's own paranoia proved prescient that day as well, when
his girlfriend was attacked on the street as she handed out flyers for his
campaign. Court records identified the assailant as John Keefe, the chief of
staff to Assemblyman Brennan. According to O'Hara's girlfriend, it was Brennan
himself who piloted the car in which Keefe fled after tearing up her posters and
knocking her to the ground. Brennan would not talk to me about this incident,
nor would Keefe. Standing amid the police officers and flashing lights and
watching his weeping girlfriend give a statement, O'Hara for a brief moment
wanted to get in a car and find Brennan and his maniac staffer. But that wasn't
his way. The courts, he vowed, would settle things.
Keefe was soon the beneficiary of an oddly lax justice, courtesy of the
Brooklyn district attorney. Indeed, charged with assault and sex abuse in the
third degree, Keefe failed to appear at the many hearings, in contravention of
basic procedure (criminal defendants are normally al-ways required to appear in
person). After a year of adjournments, the main witness for the girl-friend
moved to Florida, Keefe copped to a minor harassment plea, and the D.A.'s
assistants would not be further distracted. They were apparently busy on a more
pressing matter.
Six weeks after the events of September 10, John O'Hara
received word from the Brooklyn D.A. that he was a wanted man, for charges
unknown. O'Hara surrendered in a kind of fugue shock, riding the subway to the
Court Street station, to the D.A.'s office tower, where an aide brought him to a
room of peeling plaster and sat him down and handed him the indictment, which
told an odd story. From October 1992 to October 1993, O'Hara lived in two
apartments in Brooklyn; O'Hara had registered to vote from the second of these
two apartments. This second apartment, unfortunately, appeared not to fit the
parameters of what the law defines as a "fixed permanent and principal
home." In the ridiculous language of New York state election law, a
"fixed" home derives its legitimacy by being the place "to which
[the voter] wherever temporarily located always intends to return." In
essence, the law states that a citizen with no fixed location-say, someone
living in a hotel, or a transient in a shelter, or studying in a dormitory, or
someone with two homes (since only one of these can be "principal and
permanent")-forfeits the right to vote. Like much of New York state
election law, the statute is absurd and imbecilic, and has long been determined
unconstitutional under federal law. For this reason, no one in the annals of the
state had ever been successfully prosecuted under its rubric-until People
v. O'Hara. (Incidentally, John O'Hara is the only New Yorker to be convicted
of illegal voting since 1873, when suffragette Susan B. Anthony was tried and
convicted.) And if voting was the crime, O'Hara was a model recidivist. He had
voted in every election for which he was eligible from age eighteen on-scores
of ballots over a life-time. But now a detective fingerprinted him with a
worn-out ink pad, flashbulbed him for a mug shot, cuffed him, and took him to a
holding cell. The prisoners, three black men, laughed when they heard the
charge, and someone muttered, "Glad I don't vote."
Thus began a legal odyssey that has lasted eight years. The
case originated in the office of O'Hara's nemesis, Brennan. It was pursued as a
favor and then as part of an ultimate calculus by another Irishman, Brooklyn
District Attorney Charles "Joe" Hynes, who today remains a pure
creature of the Brooklyn machine. D.A. Hynes would regret having ever touched
it; he himself turned out to be guilty of almost the very same crime, having
once registered to vote from his Brooklyn office (most certainly not a
legitimate residence, since he never lived at the location)." Hynes
expected O'Hara to plead out to a misdemeanor. But O'Hara was belligerent, and
when the case went to trial O'Hara openly mocked his prosecutor. The judge
offered him a second plea deal, a variant of a no contest, but this, again,
meant standing down, admitting guilt. "Fuck that," O'Hara said. When
he was finally convicted in July of 1999, after a mistrial and a reversal on
appeal, the court in its ire fined him $20,000, gave him probation, and told him
to clean the borough's garbage. Certain of vindication, O'Hara appealed the
decision a total of ten times, through three state courts and two U.S.
appellates, until at last the U.S. Supreme Court, in January 2004, declined to
hear his motion to dismiss.
* So, too, was George Herbert Walker Bush, who while
he was vice-president in Washington, D.C., maintained a
"residence," for voting purposes, at the Houstonian Hotel in
Houston, Texas. In fact, tens of thousands, if not hundreds of thousands, of
people could be indicted under the O'Hara precedent, most prominently the
poor in urban enclaves, the minorities and immigrants who are historically
nomadic but often within the same voting district.