When a simple traffic ticket involves a prominent attorney, it stops being simple.

Simon Moody, an Australian-born attorney who has practiced law, including high-profile murder cases, in Auburn since 1993, was issued a ticket Sept. 21 by the Auburn Police Department for allegedly leaving the scene of a property motor vehicle accident. The case is still pending as Cayuga County District Attorney James Vargason investigated the matter and then applied in November for a special prosecutor to handle the case, and as Auburn City Court Judge Michael McKeon and Fleming Town Court Justice David Wawrzaszek both recused themselves from hearing the case.

Former Cayuga County Judge Peter E. Corning ordered Tuesday, Dec. 26, for Throop Town Court Justice Mark D. Kubarek to handle the case. On Nov. 22, Corning ordered that Ontario County District Attorney R. Michael Tantillo would handle the case after Tantillo agreed to accept the assignment.

"Yes, there has been a bit of delay as several different courts have declined (to handle the case)," Tantillo said.

Even though Vargason's office has handled traffic tickets involving people close to the district attorney before, it was necessary to recuse himself in a case involving an attorney who represents clients accused of committing high-profile felonies, especially after finding "credible evidence" to support charging Moody with the misdemeanor of driving while intoxicated, Vargason said in his Nov. 21 application to recuse himself.

The APD was waiting for Vargason's direction before proceeding with Moody's arrest, Vargason said in the application.

Tantillo said Wednesday it would not be appropriate to answer what charges Moody might face.

"While there was no legal impediment or relationship of the type and nature that could call into question my impartiality, I decided to voluntarily disqualify myself to avoid any appearance of favoritism or bias or prejudice, and I therefore secured a special prosecutor to serve in my place in this matter," Vargason said in an interview Tuesday.

Vargason wrote in the application that with his office's investigation of Moody pending there was an 800-pound gorilla in the room while trying to negotiate dispositions of the felonies Moody's clients face.

Vargason also was concerned that one of Moody's clients might "accuse him of failing to zealously represent the client's best interests because he was attempting to mollify the prosecutor who had a criminal prosecution hanging over his head."

Vargason also noted that Moody has participated in Vargason's political fundraising golf tournaments.

According to an APD accident report, APD officer Andy Skardinski responded to a call to police around 9:46 p.m. Sept. 20 that a 1995 Chevy southbound on N. Seward Avenue had crossed the lane of traffic and struck a southbound 2000 Pontiac and did not stop following the sideswipe. The driver of the Pontiac followed the Chevy to Moody's 22 Prospect St. residence and called the police from a nearby location.

The Pontiac's side mirror was broken, the report said.

According to the report, police found Moody standing next to the Chevy upon arrival at 22 Prospect St., and "he had the odor of an alcoholic beverage about his person, slurred speech, and had great difficulty keeping his balance while speaking with patrol."

The report said Moody stated he did not know who was driving his vehicle and responded to questions with the statement, "'You know I don't have to answer that.'"

Read the full report in Thursday's edition of The Citizen.