Moran trial: What is private, what is public?

At least one argument centers around how messages are interpreted.

Defense attorney Ben Hill, at left, cross-examines Michael Brandi at far right, during the trial of Commissioner of Accounts Dillon Moran, Aug. 26, 2025.

What does Saratoga Springs Commissioner of Accounts Dillon Moran mean when he texts a person — or messages a person on social media — that his personal cell phone is a “non-FOILable personal phone. Feel free to use it”?

Does he mean that it’s his personal cell phone and anything said there, including if he conducts city business on that phone, is not subject to the state’s FOIL, or Freedom Of Information Law? (Even though city business should be subject to FOIL law, even on personal phones, computers or other communications tools.)

Or does he mean that he conducts conversations of the type that aren’t FOILable on that phone? That is, is he encouraging people to talk with him on a phone that can have sensitive conversations of a more personal nature and it is best to reach him there?

That seems to be one thrust of the court case against Moran who faces three counts of obstruction of access to public records.

The Freedom of Information Law is New York State's principal statute regarding public access to government records, the state’s FOIL webpage says. It is set to ensure that the public has the right to review documents and statistics, and “access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.”

At the same time, many documents are protected from FOIL disclosure such as documents related to an ongoing criminal investigation, many personnel matters, “unwarranted invasions of privacy,” and “intra-agency and inter-agency materials that are part of the agency's deliberative process.” Although these documents may exist, they might not be released by the government.

Exactly which documents must be released can be a bone of contention between a person requesting the documents and the government official or agency.

During the final three-hour window of testimony and cross-examination of witnesses on Tuesday Aug. 26, the prosecutor, Assistant District Attorney Joseph Frandino, and defense attorney Ben Hill of the Capezza Hill law firm, asked questions that dug into that consideration, as well as questions about Moran’s intent when he did not disclose some communications.

They discussed whether Saratoga Springs Republican Party Chair Michael Brandi