John Chick was not in a decision-making position, and he likely did what he was directed to do when he removed a boiler from a county building, according to a letter from Herbert Marshall to a federal judge.

Marshall, a former chairman of the Cayuga County Legislature, was one of 22 people who sent letters to Judge Frederick J. Scullin, Jr. before Chick was sentenced for violating federal laws. While many who wrote the judge were friends and family members of Chick, a handful of local officials and municipal employees - both current and former - wrote on Chick's behalf.

A former county carpenter, Chick was sentenced March 6 in federal court to 15 months in federal prison for violating the Clean Air Act. He pleaded guilty to illegally removing asbestos from the basement of the county Board of Elections building in February 2006.

Through the investigation, Chick claimed to be working under instructions from his supervisors, a claim that county officials have repeatedly denied. No one else has been charged in connection to the incident, though both the judge and a U.S. Attorney publicly admonished county officials without naming specific names at the sentencing.

Chick, 66, is scheduled to begin serving his term Tuesday at a minimum security

federal prison in Allenwood, Pa.

None of the letters defended his actions. Two of the letters, written by county employees who were exposed to asbestos while assisting in the removal, requested a harsh punishment.

But the majority of the letters asked Chick be spared jail time, and many of them implied he was working at the behest of others when he broke the law.

“(Chick) would continue to come back to me to make sure the projects were going satisfactorily,” Marshall wrote of his work relationship with the man during his tenure as chairman. “I believe if John was working in the court system, the court system supervised him. If he was working at county buildings, he was supervised by the building superintendent, public works committee, and the chairman of the Legislature.”

Marshall reiterated the statements from his letter Friday, describing Chick's prosecution as a “miscarriage of justice.” When Marshall was chairman, Chick did the jobs he was told to do. He did not decide what those jobs were, he said.

“It was hard for me to believe than an hourly employee should have the total responsibility for removing a heating system that was considered to have had asbestos,” Marshall said Friday. “John may have done a number of things wrong, but it was the responsibility of the people above him to make sure things were done right.”

Former Cayuga County District Attorney Paul A. Carbonaro also wrote a letter in Chick's defense, describing him as an “honest and upright” man.

“I believe John Chick ... has found himself in a difficult position as a result of his desire to serve his superiors,” wrote Carbonaro, who also stated that he briefly represented Chick in the case before referring him to another attorney. “Perhaps as a result of this, he made an isolated error in judgment which has cost him dearly in many ways, including his reputation, and subjected him to some considerable public ridicule by those who in the past have not agreed with John's political philosophy.

“Any deterrent effect would likely be better served by prosecuting his superiors,” Carbonaro continued, “who I believe were well aware of his situation, which gave rise to the present situation, and have done everything within their power to avoid responsibility for their actions.”

Douglas Buchanan, deputy town supervisor in Owasco, described Chick in a letter as a “servitor following the directions and work orders” from “perhaps a maladministration.”

Not all the letters sent to Judge Scullin referred specifically to the act for which Chick was prosecuted. Many were character references and touched on topics like loyalty and community service.

Eric Broeker, who stated that he was a deputy sheriff in both Onondaga and Cayuga counties, described an instance when Chick assisted an inmate work crew from the county jail. The crew was working on a cemetery in Springport during a miserable, rainy day, according to the letter. Chick twice brought the crew coffee and food, Broeker wrote.

“Since that day, I have and will always consider Mr. John Chick a true friend,” Broeker wrote.

Chick said that such forms of support have been helpful. But he is going to “step up and be a man” and serve his time, and when he gets out, he will be a better person, Chick said.

“I do have a lot of friends, and that has been a big help going through this whole ordeal,” he said. “The lowest man on the totem pole got nailed.”

Two of the higher people on the totem pole were George Fearon, legislative chairman at the time, and former county Buildings and Grounds Superintendent Ernie DeCaro. During the court proceedings, DeCaro testified that he did nothing to stop the illegal removal, and that he informed Fearon of the situation.

But Fearon testified during the proceedings that he did not learn of the removal until June 2006, and he reiterated that point Friday. Furthermore, Chick's supervision structure was different in 2006 than it was when Marshall was chairman, Fearon said.

“Someone is not telling the truth,” Fearon said. “I was never in that building with (DeCaro) in the first place.”

As for Chick's actions, Fearon described the asbestos removal as “inexcusable.” Chick put others and himself in harm's way, he said.

“Never would I authorize someone to break a law or put themselves in danger, or anyone else,” Fearon said. “I wish it had never happened, under anybody's watch.”

Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net