Former judge convicted of lying about toilet lid attack outside court

A former village judge from Seneca County, New York, has been convicted of falsely claiming two men attacked him with a toilet tank lid outside his courtroom two years ago. Roger Barto, 54, was convicted on Friday by a jury of insurance fraud, falsifying business records, defrauding the government and falsely reporting an incident. Barto told police in August 2013 he was attacked from behind while locking up village court.



He claimed he was choked with something and hit over the head with a heavy object. Village police found the shattered lid of a toilet tank at the scene. The evidence from a two-week trial in Seneca County Court indicated Barto concocted the story as a way to get prescription painkillers through a workers' compensation claim, according to Seneca County District Attorney Barry Porsch. "The jury heard evidence that this was a way for him to get a lifetime supply of painkillers," Porsch said. After Barto's claimed assault, he spent nine days on a pain pump at a Rochester hospital, Porsch said.

Doctors and nurses testified in the trial that Barto did not sustain any external or internal injuries from choking, a blow to the head or any kind of assault, Porsch said. Seneca County paid $41,500 for Barto's hospital care, Porsch said. Barto's medical records showed that before the incident he'd been on prescription painkillers for lower-back pain and for gout throughout his body, Porsch said. Barto, who is not a lawyer, had 20 to 30 previous insurance claims for alleged accidents, Porsch said. Barto had no known employment other than the acting village judge position, Porsch said.



The state Court of Appeals suspended Barto from the bench in July 2014 as a result of his being indicted. Barto faces up to 2 1/3 to 7 years in prison when he's sentenced Oct. 13. Despite the Waterloo Police Department's determination in December 2013 that Barto's assault claim was false, the village board appointed him to another one-year term as acting village judge. The board also appointed him sexton at the village-owned cemetery. A grand jury indicted Barto last year in connection with the claimed assault, and on charges of stealing gasoline from the village in his job as cemetery sexton. He's facing another trial on those charges.