AUBURN -- Three people admitted Thursday to smoking in Costello's Restaurant after being asked by the owner to stop, while five others evoked their right against self-incrimination after a threat of prosecution by the county attorney.

The owner of Costello's, Patty Glanville, who has been at odds with the county on smoking in the past, sat staring out the window during Thursday afternoon's Cayuga County Board of Health hearing as, one by one, witnesses subpoenaed by Glanville's attorney, Kenneth P. Ray, were called to testify about an investigation into smoking.

The hearing involved the restaurant's alleged violation of the Clean Indoor Air Act May 3.

Five witnesses shielded themselves against testifying under the Fifth Amendment, but the three people who admitted smoking in Costello's could face charges, along with the restaurant owner.

Prior to hearing from witnesses about their May 3 visit to the restaurant, Cayuga County Attorney Fred Westphal said he reserved the right to prosecute anyone who admitted smoking in the bar, a violation of the Clean Indoor Air Act.

Ray said he had requested Westphal rescind the threat of prosecution but said he had not gotten a response prior to the hearing.

Westphal responded clearly Thursday, stating that he said it's well within his rights to go after the owner or patrons of the bar.

"I think it's immoral and unethical not to know that if they testify they will be prosecuted. In my mind that's unacceptable," Westphal said.

But Ray rebutted that Westphal was using the prosecution threat to persuade witnesses not to testify.

"It's nothing but a threat to convince them they shouldn't participate in the case," Ray said.

John Tonzi, Cayuga County Board of Health hearing officer, said that Westphal didn't have a responsibility to warn Ray's witnesses about being prosecuted but that he would remind each of their Fifth Amendment right, which protects witnesses against self-incrimination.

Five witnesses opted out of testifying but three chose to speak about the events of their evening.

Craig and Denise Deyo, of Ketchell Avenue, Auburn, both admitted smoking cigarettes in the restaurant May 3.

Craig told Tonzi that he lit a cigarette while sitting at the bar and that he had noticed two men playing pool.

Craig testified that Glanville told him there was no smoking in the establishment and that she placed an ashtray in front of him. Craig said Glanville also asked him and Denise to sign cards acknowledging there was no smoking allowed in the restaurant. When the two men playing pool left the building, Craig said that Glanville asked him and Denise to remember the date, May 3, because the two men who had left were county Board of Health inspectors.

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