SYRACUSE - A federal judge will determine a sentence for John Chick after hearing a final day of testimony that included words from Cayuga County Legislature Chairman George Fearon, who maintained he first learned of illegal asbestos removal months after it took place.

Chick has pleaded guilty to violating the Clean Air Act for his role in removing asbestos from the county Board of Elections building basement in 2006. Fearon testified he was not aware that asbestos was illegally removed during the February project until federal investigators began asking questions in June.

As a county carpenter, Chick supervised the removal project, but has maintained he was following orders from his supervisors in terms of the asbestos. Former Building and Grounds Superintendent Ernie DeCaro previously testified he knew the illegal activity was happening, but he did nothing to stop it.

DeCaro had said he told Fearon about Chick's work, took the chairman to the Board of Elections, but then neglected to follow up with him in an attempt to distance his own name from the wrongdoing. Fearon said Monday that another county employee took him on a tour of the site in June and he noted some suspicious-looking dust, but didn't report it to authorities because of his own uncertainty.

DeCaro was again summoned to the stand Monday, but this time invoked his Fifth Amendment right to decline testimony to avoid self incrimination. Auburn attorney Charles Marangola is representing DeCaro, but declined comment after the sentencing hearing.

Paul Carey, representing Chick in the case, asked Fearon about a memo he released in July to quash rumors about his involvement with the project. Fearon said he was first made aware of the issue after the U.S. Environmental Protection Agency began an investigation based on an employee's complaint.

“I dictated a memo to the secretary of the chairman - there were a lot of allegations going around that were untrue,” Fearon said. “I was being questioned by reporters and there was a lot of stuff on the Internet connecting me to the project.

“I was trying to explain my relationship to the project, which had nothing to do with asbestos,” he said.

After Monday's session, Carey said the testimony exposed inconsistencies with Fearon's recollection.

“We brought him here to tell the truth,” Carey said. “I think the testimony speaks for itself - it contains quite a few inconsistencies.”

The defense argues Fearon's insistence he was unaware of illegal activity until June 2006 doesn't jive with answers he provided to an EPA special agent. Carey said that agent has testified Fearon knew about the situation much earlier.

As for DeCaro's decision to decline testimony Monday, Carey was unwilling to draw conclusions publicly.

“I will say it's certainly his right to invoke the Fifth Amendment when he feels he may implicate himself in a criminal investigation,” Carey said.

The written decision on Chick's fate from Senior Judge Frederick J. Scullin Jr. will be issued at a later date. Meanwhile, Chick is expected to continue his Section 75 civil service hearing regarding his employment status with the county this week.

Chick is currently suspended with pay.

Staff writer Shane Liebler can be reached at 253-5311 ext. 248 or shane.liebler@lee.net