EXCLUSIVE: Judge to Hear WUTQ’s FOIL Case to Release Mayor Lanigan Video

Radio Station argues Oneida County is Violating First Amendment Rights by Denying Public Access

By ROCCO LaDUCA / Talk of the Town 100.7 FM
Email: RoccoL@rosergroup.com

Originally Published: Nov. 14, 2025
Updated with Additional Documents: Nov. 20, 2025 (see below)

UTICA – A State Supreme Court judge will consider next Friday whether to order Oneida County to publicly release video footage related to an incident this summer involving Rome Mayor Jeff Lanigan and former Rome Mayor Jim Brown.

At the request of a legal petition filed Nov. 10 on behalf of Roser Communications Network as WUTQ-FM/100.7 and Talk of the Town radio show co-host Rocco LaDuca, State Supreme Court Justice Bernadette Clark has scheduled an expedited Order to Show Cause proceeding for next Friday, Nov. 21, at 11 am.

This means that attorneys for Oneida County will be required to appear in front of Judge Clark at the Oneida County Court House in Utica to argue why the Talk of the Town should not be granted immediate public access to the requested video footage under New York State’s Freedom of Information Law, commonly referred to as FOIL.

WUTQ/Roser Communications and LaDuca will be represented in State Supreme Court by attorney Michael Grygiel with the Cornell Law School First Amendment Clinic.

NOTE: The PDFs of all legal documents and exhibits related to this case are posted below for the public’s review, and will be updated as more documents are filed.
*** UPDATED Nov. 20 with additional document

Oneida County has twice denied Talk of the Town’s FOIL request to disclose the Tuegega Country Club’s surveillance video footage and police body camera footage related to the June 3 confrontation between Mayor Lanigan and former Mayor Brown.

Mayor Lanigan has since been charged with second-degree harassment, a violation, and is currently scheduled for a non-jury bench trial in Rome City Court on Friday, Dec. 12.

The Special Prosecutor assigned to handle this case, Herkimer County District Attorney Jeffrey Carpenter, has stated that he has no concerns about releasing the video footage before Lanigan’s non-jury trial, since the investigation is complete and there will be no trial jury to be prejudiced.

But, contrary to Special Prosecutor Carpenter’s stated position with no objection, Oneida County still denied WUTQ’s FOIL request “at this time” because disclosure of 62 relevant videos, photographs, emails and documents “would interfere with an active criminal proceeding and risk compromising the defendant’s constitutional right to a fair trial.”

Included among Oneida County’s justifications to deny the request on Sept. 22, FOIL Appeals Officer Charles Klein stated: “Even in matters that will not be tried before a jury, premature release of records can compromise the fairness and integrity of the process by exposing the public to information that may later be ruled inadmissible, undermining the management of witnesses and trial strategy, influencing plea negotiations, and prejudicing requests for sealing or other protective measures that may be made during the proceeding.”

In response to the County’s reasoning in its denial, attorney Grygiel argues that such concerns are not a legitimate exemption to disclosure under FOIL.

“Petitioners are at a loss to understand the suggestion that disclosure of the records sought by the FOIL Request could somehow influence the parties’ plea negotiations – to be sure, an exemption nowhere found in FOIL,” Grygiel wrote in his Memorandum of Law.

“In any event, both the government and defense counsel have access to the complete universe of evidence that may be introduced at trial and, accordingly, are able to evaluate the strengths and weaknesses of their respective positions based on that information,” Grygiel wrote. “Public access to that information, including the video footage to which (Talk of the Town) seek public access, is independent of that process.”

Disclosure of the videos at this time, Grygiel further argues, would also balance the conflicting public narrative that currently exists of what both Mayor Lanigan and former Mayor Brown have already said about the incident, in which Lanigan is accused of subjecting Brown to “unwanted physical contact” by pushing Brown against a vehicle, restraining Brown’s arms and then pushing Brown into the vehicle.

According to an official statement released by the Office of Mayor Lanigan on June 4, Lanigan characterized the incident as a mere “verbal dispute” and claimed that “no physical assault occurred,” while accusing Brown of being intoxicated when the dispute occurred.

“The withheld video footage will presumably illuminate which account reflects the truth of the matter and will allow the public to judge for itself whether Mayor Lanigan’s ‘civic leadership (is) grounded in respect and accountability,” Grygiel wrote.

“Disclosing the video footage (and other records) would not prejudice the proceeding but, instead, would serve to balance the public narrative and ensure a fair judicial process,” Grygiel wrote. “Courts have affirmed that disclosure is required unless it ‘would enable individuals to ‘frustrate pending or prospective investigations or to use that information to impede a prosecution’ – a far cry from the facts here.”

Before both sides appear in State Supreme Court next Friday, Justice Clark has ordered that Oneida County submit their response to the petition no later than Nov. 17, with the petitioners allowed to submit any reply no later than Nov. 19.

Justice Clark could order that the video records should be released in a matter of days, or she could deny the disclosure request in favor of Oneida County. In that case, a possible appeal of any denial would be considered.

Grygiel has also sought the expedited consideration of this matter before Mayor Lanigan’s scheduled bench trial on Dec. 12 to preserve the timeliness of WUTQ’s news reporting on behalf of the public’s interest in fairness and transparency.

“If (WUTQ) continue to be denied access with respect to their news gathering and reporting based on the subject matter of their FOIL Request, the impermissible ‘freezing’ effect on WUTQ’s access rights as a surrogate of the public is particularly damaging because it impairs the ‘communication of news and commentary on current events’ and ‘the element of time is not unimportant if press coverage is to fulfill its traditional function of bringing news to the public promptly,’” Grygiel wrote.

“In view  of the fast-approaching trial date, the value of immediate access will preserve the efficacy of public [oversight] over the conduct of elected government officials,” Grygiel stated in his papers.

NOTE: PDFs OF ALL RELATED COURT DOCUMENTS ARE PRESENTED BELOW FOR YOUR REVIEW AND WILL BE UPDATED AS MORE BECOME AVAILABLE.

Petition Seeking FOIL Disclosure in Lanigan Case

Judge’s Signed Order to Show Cause for Nov. 21

Rocco LaDuca’s Affirmation for FOIL Disclosure

Memorandum of Law in Support of FOIL Disclosure

Exhibits for FOIL Disclosure

Oneida County Response Opposing FOIL Disclosure

Robert Julian Affirmation on Behalf of Lanigan

Mike Grygiel Letter Concerning Lanigan Request to Oppose

Robert Julian Letter Seeking Dismissal of FOIL Petition

WUTQ Reply Brief in Support of FOIL Disclosure

Rocco LaDuca co-hosts the Talk of the Town radio show on TALK! 100.7 WUTQ-FM every weekday morning, from 6 to 10 am. He can be reached by email at: RoccoL@rosergroup.com