Nittany Nightmare Continues Past Sandusky: Former President Spanier Charged- NEW Charges for Curley and Schultz Filed
Happy Valley- PA On the heels of convicted child molester Jerry Sandusky’s transfer to his new home, what most predicted would follow- has.
Former Penn State President Graham Spanier, fired by the Penn State Board of Trust the same day as legendary late-Nittany Lions Coach Joe Paterno, is facing serious charges today filed by Sandusky’s prosecutors.
Spanier is facing counts of obstruction of justice, perjury, conspiracy, endangering the welfare of children and failure to report allegations of child abuse.
Tim Curley and Gary Schultz, who were facing perjury and charges based on “non-reporting”, are now facing all five similar charges as Spanier- additional filings occurred simultaneously.
Linda L. Kelly stated the men “used their positions to conceal and cover up for years the activities of a known child predator,” on Thursday following the announcement.
Please check back to www.blinkoncrime for this developing story.
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class action lawsuit against employer 1 with more claims (State of MA) than co-plaintiffs.
argument to cert a class at variance with Linkin as to managerial duties.
online virtual para certification presented as tho a college degree.
is more likely than not let go from 1st sectretarial job.
turns the County courthouse upside down
with accusation “splitting” judges, ADAs, and PD.
allies with known hirer of the da’s troubled outcasts
you tell me the dx, Blink.
rhetorical.
It nust occurred to me, imo kistler knew of this
impending nomination when the time
was ripe from Corman/staff for some time past.
Imo then so did other County Republican honchos
ie Exarchos & Dedhem.
Who do they want to replace him?
It is entirely possible Repubs Exarchos/Dedhem
impugned & disabled her just so she could not run to
replace Kistler because imo she would have won.
Maybe one should check seniority & see if Ruest is
next in line to replace Kistler if Lunsford
is not cleared timely.
Personally I think this decision was nothing more than defective
process answering 1) who has investigatory
jurisdiction (the OAG) & was the warrant defective due to issuing
authority or content (yes).
Castor is an immediate hero to all State DAs and imo next in line
to replace Kane by appointment if she resigns.
Imo Kistler’s unseen hand has been behind much of this. He has
been at odds with the DA. I wonder if her “investigations” threatened
his anticipated, hoped for SC appointment.
Since Miller asked the OAG to investigate the forgery allegation, imo that is the substance of the matter before the GJ, & Ruest would be subpoenaed. Likely she & the Clearfield judge didn’t attend the Cambria hearing because they & that Judge knew how he would have to rule on the warrant as a matter of Statute. one wonders why they tried an end run in the first place. Whole lot of politics going on.
Are we sure that Miller actually turned the matter over to the OAG before the board brought it up? I don’t believe she did- I believe in her petition she states she turned the allegation over to a neutral LEA. So the question for me is- if she is so emphatic that only the OAG has jurisdiction to investigate, why didn’t she follow her own stated protocol?
In my view, that’s the sticking point. My understanding of this is that in terms of chronology- somehow Miller gets wind of the allegation. Miller threatens Shutt. Miller asks an outside agency to investigate it, that agency does nothing until the board brings it up and then it gets handed BY THEM to the OAG who states they have no comment on that particular investigation but goes on to say the AG and Miller have not spoken nor met publicly in 2 years. Do I have this right?
The more I read the petition the more I am thinking Miller is ultimately going to say she did what she is being accused of for the investigative benefit of the issue within the prison, ultimately leading back to some issue with the board of commissioners.
What a tangled web.
B
wtaj (wearecentralpa)so active reporting this story from day 1
including chasing Miller up
darkened stairs, has been entirely silent on
the outcome. So they’re off my “objective source” list.
All politics is local.
Yes, Ruest is next in line to replace Kistler if Lunsford does not get himself cleared.
And, the mysterious Stephanie Cooper, attorney & Bellefonte denizen who was so quick to trumpet the crisisinourcourthouse facebook in the beginning?
Ambitious to be Judge. Ran against J Grine in the Dem primary. Before this forgery allegation, she
would not have had a snowbird’s chance in a Dem primary vs Miller. Obvious motivation to see Miller
derailed. Ruest is human, & in some matters with Lunsford & the DA, motives may be mixed.
http://www.statecollege.com/mobile/news/local-news/grine-seals-republican-democratic-nods-for-centre-co-judge,752803/
I believe the Castor petition to Centre Cty (not Supremes) stated clearly that a deputy oag informed Glantz the OAG had the forgery investigation. The forgery allegation was scuttlebutt since late last year around the Courthouse. Miller states she referred to oag as soon as she heard. Nowhere have I read she threatened Shutt. Sending to OAG was not “her own procedure,” it is required of her by Statute. One of the bases of the conspiracy allegation was the Commissioners knew they Glantz the OAG had taken jurisdiction before 1//0/15.
Rose- excerpted from the petition:
“…D. Seeking a full and fair investigation, Petitioner forwarded the forgery allegation to a neutral law enforcement agency immediately upon learning of the forgery allegation…”
At no place in that motion does it state that anyone has confirmed from the OAG that it was handed anything or a confirmation that the OAG was investigating as a result of Miller, or anyone else. It states that the respondent “knew” the OAG was investigating- but there is not a single prima facie nor offer of proof they are ( I believe they are now, but I also believe if Miller turned it over directly to the OAG the verbiage would be different and I believe there is linkage to support that she turned it over to LE first and they in turn, turned it over, but I can’t pull that up at the moment. It is my understanding that the “neutral” LE agency handed the issue to the OAG, and I cannot confirm so far, when that occurred, as in, I am not sure that it occurred prior to the statements made by the BOC.
I think Parks Miller’s own commentary re the allegation is threatening to her accuser:
http://www.wjactv.com/images/28742431_1_PDF%20-%20Statement%20from%20Stacy%20Parks%20Miller-C3.pdf
Again, she states she first brought it to another LE agency prior to what she declares is protocol based on the act referenced in the petition. I respectfully submit- why then, did she go to a LEA first? That is incongruent.
Miller is not on record anywhere that she handed the allegation to the OAG, in fact, to the contrary.
This may or may not be a political coup or a territorial marking as a result, I don’t know. But I do know it would be a fat first for me to see the size of the trenches being dug here without merit, thus one of them ends up being a grave instead. Ya know?
B
“Kistler says he had known he was being considered for months, after Pennsylvania State Senator Jake Corman (R – Centre County) reached out to him…”
http://www.statecollege.com/news/local-news/judge-kistler-honored-by-nomination-to-pa-supreme-court-regrets-having-to-leave-centre-county,1462720/
I believe this was known in Republican & 409 truther circles before the complaints about Kunsford’s conduct on the criminal bench. In a twofer, he’s disabled by the same cabal from Senior Judge–Ruest in line, and Miller, otherwise the most likely County Judge nominee, has her reputation ruined.
I personally think Ruest signed it.
You could certainly be right, as you often are, but then would seem to me the original must be missing or she cannot certify that she did, if true. I would not understand if she did sign it how in the world this gets to the place it is. There has to at least be some level of authenticity in question or Miller would be flipping the bird on her FB and Shutt would have been arrested, imo. This is not some political scrum because there are truly no dogs in the immediate elective fight that don’t come out without a bite in this otherwise. I absolutely believe on many levels the mess of the AG’s office and all that filters into the county coffer is in play here, likely the trickle down effect of folks concerned about their exposures.
How is it the Judge (Ruest) is not the recipient of a subpoena by Miller to show cause? There is something missing from the file, imo- and for all we know Masorti has it.
B
Miller, in referring to OAG, woukd not do so directly to Kane but to tge attorney employee a few tiers down who regularly handles either her County or ethics investigatikns of DAs in a conflicts case.
“that agency does nothing until the board brings it up and then it gets handed BY THEM to the OAG”
The BoComm did not hand it to OAG. According to Biyde they appointed a special investigator which be said was the first of two steps the second being appointing a special prosecutor. Glantz averred the OAG might have jurisdiction but it was not exclusive & the County had its own jurisdiction. Since then the BoC has followed Boyde’s 2Step. Castor’s initial Centre County oerition alleging conspiracy states Glantz was told by tge OAG on a phone call prior to 1/20 that OAG had the case.
I do not kniw where you are getting the OAG was doing nothing until the BoC took action.
Imo there was an active State GJ taking testimony about potential criminal misconduct in the County, at a minimum the prison, and the forgery allegation by Shutt against the DA was taken up as a part of the County investigation. They didn’t call a grand jury so quickly for this — imo it was already meeting on related issues. Miller appears 2/10–it takes State Police several months to investigate before someone like Miller is called. Miller had already forced Comms to turn over docs to the GJ about the potential criminal matter. In the Centre Cty oetition, url posted by me way back. This imo was all PR in part because Comms were already under investigation by a State GJ.
http://www.statecollege.com/news/local-news/centre-county-officials-reportedly-meet-in-cambria-county-for-grand-juryrelated-hearing,1462698/
@JJ in Phila. no formal gag order. Judge specifically “asked” them not to discuss case. Wonder if Masorti will keep open his facebook sites which encourage Others to discuss. Mostly those with criminal convictions in the family imo.
Apparently the “forgery” is before an ongoing State GJ. I don’t think it woukd have gone ghere without a prior State Police investigation which likely already had all her communications as it is said she’d been cooperating.
Blink, I doubt she would state she referred it to OAG before the allegation was made public if that were not true.
It appears that Abom has led the Comms to believe he is representing them. Shades of Spanier, Curley, & Schultz.
@JJ in Phila I don’t get why a legal secretary in a reputable firm
keeps stating, with other disgruntled folks, there is a gag order. No such Order
by the Court exists. One person said they were asked not to talk about the case.
I expect the Judge reminded them of GJ secrecy rules.
video from last BoC mtg is up.
Quite the story about a Judge’s order changed on
the spot by the Judge in chambers (illegally really) at the behest of a cya case-involved
police officer named lesley in the public comments time.
cya seems to have appalling process.
Ruest was in charge of Dependency Court in the time frame in question
http://www.ocfcpacourts.us/assets/files/list-269/file-1229.docx
Boyde seems to be no Administrator at all. Had BoC hire someone to protect
Glantz as it was a conflict for Abom without obtaining outside legal opinion as to
the Town’s obligation. From Dedham’s refusal to discuss, it sounds like repr is
specifically for the GJ proveedings.
OAG has been giving subpoenas to the commissioners and OAG seized the things taken in the search, and returned them to SPM.
I think it is fair to say that OAG is involved.
I did not discount their involvement- I discount (so far) that Miller contacted them herself as is mandated, and in her own words felt is the only body with jurisdiction to investigate her office.
B
@ Blink. Shutt was separated from Office on Jan 14 2014 per her online timeline.
Not sure when in the 13 months, not working together, Miller woukd threaten?
In 2013, Parks Miller was up for re-election, but no one else filed. She was unopposed and won the Republican nomination on write-in votes (which appeared to be unorganized). She did no campaigning and as far as I know, no fundraising.
The claim that Shutt did “campaign work” for Parks Miller REALLY stretches credibility.
True. But imo she still sent confirmations she’d attend public events & wrote thank yous to hosts for example.
Arguably she coukd say speaking and group invitations that season were the part of the woroad of the DA role.
I’m more concerned Ruest supporters are looking to replace Lunsford who IS up for reelection this year as Senior Judge in Waiting. And with tarnishing Miller’s reputation so that she can’t run for the vacancy. Some group is getting ready to pack this court with 2 more allies. Likely Corman has a hand in this planning as well. People underestimate his attention to detail locally. I also ghink the potential criminal activity at the orison will pan out involving the BoC doing business not thru the Prison Board (which Ruest is on, & she failed to correct illegal contracting practices) and without contracts. Imo that’s why they had an Exec Session on legal issues last year followed immediately by a retroactive contract.
above typo: work role
Imo Miller was already being called to a State GJ to testify about potential criminal matters involving the BoC (ie at the prison) and the forgery allegation was in part designed to discredit her GJ testimony. Who wants another Luzerne?
http://www.statecollege.com/news/local-news/county-commissioners-fire-back-at-district-attorney-in-pa-supreme-court,1462734/
apparently Pipes finally realized his legal jeopardy
in associating with co-conspirators. Blink. I do not
think Castor would lie to the Court or the public about the OAG report
by Miller nor its timing. And I believe be would have checked that
significant claim with the responsible OAG
before agreeing to repr Miller.
Castor is one of the best defense atty’s in the State as far as I am concerned ( yes, has political ties) but I just posted to you- Miller never makes the claim she turned anything over to the OAG because she didn’t. In fact she makes the distinction very plainly. I agree Castor is never committing fraud on the courts.
B
I believe, without looking for the link, the prothonotary turned the original over to the Bellefonte PD, therefore State Police should have it now. I think Castor/Miller are wise to ket tge State Police & OAG investigate, including as to examination of the doc & Ruest. I imagine when the doc exam is concluded, OAG will subpoena Ruest.
a masterful report.
kudos to kane for authorizing & staffing.
p112-13 has the political crux
http://filesource.abacast.com/commonwealthofpa/mp4_podcast/2014_06_23_REPORT_to_AG_ON_THE_SANDUSKY_INVESTIGATION.pdf
The original, Blink:
“The document Parks Miller is accused of forging has also been turned over to Bellefonte police for “purposes of examination,” according to the Centre Daily Times.”
“Despite the Office of the Attorney General explicitly instructing Bellefonte PD and the County Commissioners to desist from the unlawful conduct pending the AG’s inquiries, these officials without legal authority continue to press their attack against the chief law enforcement officer of the county,” Castor said in the email”
Strong wording. Someone in OAG talked to someone with BoC (imo Glantz as A-Bomb insisted on separate Counsel. )
Right, but it does not state Miller turned it over to the OAG herself and wouldn’t the term desist imply they issued a cease and desist order? I don’t believe Miller turned the matter over to the OAG herself, and if she did it was only after sending to a “neutral LE agency”. That question remains very important to me- she can’t have it both ways re jurisdiction, imo.
B
There may be a record of her turning it over to the AG’s Office.
Now, should this claim be investigated? Yes. Should the commissioners hire a private prosecutor to consider a criminal case? No.
The deposition was signed on 12/30/14. The claim became public on 1/20/15. We don’t know when Parks Miller found out about the allegation, but I would not be overly surprised if Parks Miller didn’t know about it until after the first of the year. That was a pretty narrow window for the AG’s Office to contact everyone.
@Rose, as far as I know, she didn’t even do any fundraising and did not make any political appearances. I’m fairly sure she did as a function of her office.
What does that mean J.J.? That there “may be”? That would belie everything I have seen ( to include Miller’s very own certifications). Do you not agree if there was a record of same those filings and public commentary would reflect that?
B
This false report accusation is probably the reason Shutt has a recent alum from the DA’s office as a criminal defense attorney rather than her affidavit-taker Masorti. It recognizes a conflict of interest between Masorti & Shutt such that he cannot rep her. If she is charged, imo McGraw will try to get the charge dropped in exchange for testimony against one or more of the Gang of 4. imo JJ in Phila is right even if Miller signed it, it was without intent to injure or defraud, as his bail was not actually lowered nor was he released. So in swearing Miller forged a signature, Shutt was ill-advised & misled by Masorti legally imo.
http://www.philadelphiacriminalattorney.com/officer-public-crimes/giving-false-report-to-law-enforcement/
I am going to respectfully disagree that the outcome of an offense the actor does not control defines the actors intent. On September 9th, 2013 when the bail order was entered, Albro’s bail absolutely was lowered- prior to that order it was set at 100K (cash bond) on September 9th it was modified to a percentage of 10%. In my book- 90K is fat bail reduction. It is noted as a bail modification on both the maj and common pleas dockets. I don’t understand the relevance as to whether it was posted or not- the intent to reduce his bail illegally is clear.
As I said before, I anticipate it will be argued that this was an investigative maneuver- but I also note there is no case summary available to match to the docket sheet for those charges (maj)- the only one missing from his record. I suppose we have discussed that this case was transferred to Lunsford from Maj court, which in itself choosing Ruest who was not residing over this case in the first place.
It would take a Herculean argument prolly by a reinstated and sober F Lee Bailey for me to believe (if true) that the 2nd term DA did not know that forging a signature of a Judge on a legal, entered document was a felony. I don’t know if Miller forged it, but to me, it absolutely looks forged and Shutt professes to have the email exchanges between the two to support it and a scanned copy of the order. I just cannot see this girl, this commission, this gagel of barristers and Judges putting their careers on the line for a false allegation. MOST ESPECIALLY given the status of the AG in the first place. It happens, I just don’t recall this set of folks going so far out on a busted limb they can’t get back.
Re intent:
intent to injure or defraud ( I would offer defrauding the court is an injury to the court in itself)OR:
or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:
(1) alters any writing of another without his authority;
(2) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or
(3) utters any writing which he knows to be forged in a manner specified in paragraphs (1) or (2) of this subsection.
B
wrt ” I suppose we have discussed that this case was transferred to Lunsford from Maj court, which in itself choosing Ruest who was not residing over this case in the first place.”
I do not recall. Can you fill that in?
Let me know if you need more- I can prolly drop box the dockets if you like, but looks like this (from memory lets see how good I am):
AG- arresting agency
District Maj Assigned- Prestia through 3/13
Case moved to Common Pleas 3/13
Assigned to Lunsford 3/13
first docket entry following transfer is the bail modification ( and really Rose?- I got no props from you establishing 90K is a substantive bail reduction LOL- its ok I heart you anyway) 9/9/13
Series of PSI and looks like changed plea and then back for a while, then sentenced by King Kistler.
As I recall it was over 13 felony counts.
Ton of co-defendants none Richard Ryan who has no more than a traffic issue in the same court- if correct RR.
At no time is Ruest on the docket. She was never assigned to the case so just thinking out loud here- why didn’t Lunsford question why bail was modified on his case and not by him? Where was the docket entry for a modification request hearing ( required by law, btw) and as you know, even though this docket is not as detailed as I am used to- service notifications of same to all parties- is Abro one of the cases Lunsford pilfered? ( Im sorry to sound lacking in respect for his Honor but truthfully I am seeing a timeline emerging here that concerns me greatly as far as potential for collusion- my next question is going to be of the evidence in the docket he says was stricken- who moved for the strike- am I going to learn 100% of the time it was a prosecutor or a defense counsel based on grounds- I am pretty comfortable suggesting it is going to be one or the other and not both)
B
thank you for the information.
Ryan was already in prison & about to get out.
Abro’s only link to him was as a jailhouse snitch re alleged threats.
Abro’s own attorney said bail reduction on one count made no sense as there were multiple
counts, & he would not leave jail on the purported bail-reduced count.
If Miller signed this, then bail was not reduced, no Judge’s Order.
I don’t think Linsford would see the bail reduction in the Court jacket
unkess his clerk noticed & brought it to his attention. We shall see.
Rose- I am not seeing what you are about bail being set “on one count” and I have personally never heard of that unless you are referring to someone who may have had charges added after the original filing but contained on the same docket, and even then, it gets caught during the modification which requires a hearing. This individual was also represented, so keep in mind that lawyer was not noticed either according to the docket. Where are you referencing his atty’s comments on the matter as I have not seen those?
Bond is bond for a defendant- and the bond does NOT change without an order filed with the court to do so. Now, we know this is a fake order- but certainly the prothonotary did not know that. In effect, it defrauds them as well.
The bail modification that “someone” signed by a Judge is absolutely an order. It is entered accordingly on the docket- it modified his bail from a cash bond- by 90K. Whether it was posted or not- we can’t know why it was or why it was not- but the opportunity to do so was present by it’s filing and that is indisputable.
It is Lunsford’s DUTY to reflect the court docket. (agreed this falls mostly on the JA) He certainly paid very close attention to several of them so much he was pilfering them where he ruled to strike. I would be hard pressed to think he was unaware-considering.
Rose- with much respect- can I ask? You seem uncharacteristically certain that Shutt made this up. I trust your insight on legal issues especially. If I am missing something or wrong in my thinking or citations do not hesitate ( not that I needed to tell you, there is few with your skills at proper discourse)
B
@ Blink. I don’t at all think she made this up.
I don’t have your knowledge by case research, or professional training.
I have intuition, and practicality.
Remember “grooming?”
By good guys with good jobs.
It comes in many forms. Not only
child predators.
Who brought on board, repeatedly, those let go from the DA’s Office? imo predation.
Imo Shutt is a vulnerable groomee.
asixe: she was so disgruntled with her first significant employer that she collaborated in, and exceeded the charges of her filing class peers, while to get certified as a class her pleadings are at variance with her linked in. goes to credibility. Also, she has 3 successive wee ones, & iirc went to work in a demanding DA’s office when the last was only 6 mos & when she had never done office-based secretarial work anywhere before–and had merely an online para Certificate. It takes awhile of training to turn out a fine secretary or AA. Some stupid gave her a nob imo she was not trained for & was guaranteed to founder imo. (an opinion from my secretarial & AA bacground.)
imo she was separated by SPM for whatever, is likely very needy & highly suggestible, and likely deferential on legal matters to the ilk of an imo master manipulator hoped-for employer.
—-
how he would never have been released despite the 90% reduction on the charge in question:
“One of Albro’s former defense attorneys, Matthew McClenahen, told the AP that Albro was also being held on other cases, and wouldn’t have been released even had he posted the much-reduced bail. McClenahen otherwise declined to comment, citing attorney-client privilege and the ongoing investigation.”
http://m.sfgate.com/news/crime/article/County-wants-special-prosecutor-for-DA-forgery-6029744.php
—–
who has been in the driver’s seat?
“State College criminal defense attorney Phil Masorti, who is Shutt’s current employer, said HE brought the initial forgery complaint against Parks Miller.
“As to me being a conspirator, I had information put in front of me by a reliable and credible source that Miller forged a bail order,” Masorti said.”
http://m.collegian.psu.edu/news/crime_courts/article_b4ff939e-a6af-11e4-8784-77f85768d513.html?mode=jqm
—-
Mr Masorti “brought the forgery complaint,” not Shutt. She relied on his counsel. Their legal interests now diverge imo. Ergo McGraw.
–
Here is specifically how Lunsford got removed from criminal bench–an allegation by Cantorna unrelated to these cases. (to the extent we think media gets anything right).
http://www.centredaily.com/2015/01/20/4562916/da-parks-miller-faces-allegations.html
There is “that”. I don’t suggest that Shutt may not be a pawn here- in fact, I think that is likely.
Masorti is obligated by his membership in the PA BAR to report ethics violations as are most lawyers within their BAR memberships.
So we can derive from that there must also be ongoing PA BAR inquiry.
If any Judge is removing public documents from docket files for any reason, most especially his cases where it relates to stricken evidence- his behind needs to be under investigation and likely removed. Keep in mind- his JA was not accused- HE WAS.
You know a lot of judges pulling their own chit from the clerk directly?
B
@Blink, the press statement from the BPD indicated that there was contact with OAG. The subpoenas to the commissioners were issued by the OAG. In withdrawing the motion, Castor noted that the materials seized had been turned over to the OAG, who returned them to SPM.
In her statement of 1/20 SPM said:
“The investigation into these allegations and the person making them is
now being conducted by the Pennsylvania Office of the Attorney General, also at Ms. Miller’s request. Ms. Miller continues to cooperate fully with the Attorney General’s ongoing investigation for the same reason that she voluntarily disclosed the false allegations in the first
place.”
Yes, I agree they are involved, but they were not her first call is my point- and she says so (through Castor) herself. She turned them over to a “neutral LE agency”.
B
The bail was never reduced. Albro was transferred to another prison under an assumed name, with his, and his attorney’s consent.
In terms of forgery, the involved parties did not believe that bail was reduced.
That is from SPM’s petition to the Supreme Court. She said that Albro’s lawyer will testify to that. There simply was no intent to defraud or injure.
J.J.- the bail was modified from a cash bond to a 10%. That is a legal reduction of bail no matter who says differently and it was modified by the document in question. Castor can say what he wants- if Parks Miller signed a Judge’s name to that document without the Judge’s express consent I am telling you that is forgery under the law. The DA is not ABOVE the law- and the DA may not make unilateral decisions to pose as a Judge who btw was not the presiding judge over this case.
B
Masorti said he’d reported her to Bar Counsel.
Yes, surely Lunsford knew everything submitted remains on
file whether or not considered as decisional evidence.
It seems in Centre Cty on many matters thruout govt
everyone acts like an unchecked miniking because the
public is apathetic, disengaged, & uninformed by the press.
That’d odd in a major Univ town & similar to Luzerne Cty.
Kind of Appalachian.
In recent memory I have not seen anything like the mess down there. Designated parking shortage?
And to think I moved from NJ (bridgegate) to this, lol.
B
A cursory one-time reading of Michigan rules:http://courts.mi.gov/Administration/SCAO/Resources/Documents/standards/cf_stds.pdf
p 35-39 distinguishes
Court records (nonpublic) from
case records (public)
Striken material goes in Court record, not thecase record, & is not public.
I cannot find PA Rules on point. It will be interesting to see if he is correct. If PA follows Michigan, such material would be nonpublic.
“According to Centre County Solicitor Louis Glantz, Lunsford removed documents from the public files of several criminal cases. Each of the cases in question included an attempt to remove Lunsford as the judge presiding over the case.”
““We have not found any authority regarding when a motion to strike is made… what exactly happens to the original exhibit that was not accepted as an appropriate piece of evidence,” Lunsford wrote. “However, I did not feel that when specific exhibits were stricken from the record, that they remained part of the original record.”
In a response two days later, Glantz writes to Lunsford that “striking an exhibit from evidence does not remove it from the public record.” The only time a document is completely removed from the record is through expungement, which Glantz writes is a much more difficult process than striking evidence.”
I don’t recall- did Kistler address this at all?
B
@Blink wrt “that document without the Judge’s express consent I am telling you…”
actually an intent to defraud or injure is required.
Good luck with any prosecutor proving that intent on these facts wrt either the parties or the Court.
Altho I’m sure Glantz wants to try, A-Bomb would not prevail for the BoC, and I assume Pipes consulted
competent private Counsel who so informed him.
There was however, with this misleading order, an entrapment intent for any attorney searching out Albro’s whereabouts on behalf of interested criminal clients. It seems 1-2 criminal attorneys wanting to know the snitch’s whereabouts and
to make it public succeeded.
Respectfully Rose- that is not correct. Here is the entire statute (link below). Please note the ‘OR” under Felony in the first degree, but regardless, if this instrument is forged- Ruest is both frauded and injured absolutely, and it appears Abro is in appeals which I could not access, so I am not so sure that Miller can speak to what someone is going to say wrt the incident without demonstrating a conflict either. In terms of entrapment potential- we agree on that, except to say it can never be proven under statute if no “sting” as a result occurs. That said- Ryan is NOT a codefendant of anyone who was also tried in the Abro case.
Lastly, the intent starts at the mens rea. Which is to say, the intended use and planning are critical evidence and we do not know yet what evidence is available to that end. I would also suggest just because the press is indicating what the incident is being investigated “for” in terms of criminal acts- does not mean that the AG lands there and not somewhere else. I do not discount the potential motivations for Masorti, the BOC and Shutt are a suspect factor or at the very least full of agenda- but I fervently do not believe a finding in this issue will come down to lack of intent- but jmo.
http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=41
At the very end of the day- I go back to the spokesperson from the AG stating Kane and Miller have not met nor spoken in 2 years. Why offer that publicly? I would be concerned Kane needs an example here to right her ship.
B
I don’t believe so.
Again Lunsford was sidelined for an unrelated Cantorna case.
I can say one person I would not personally rely on for criminal Court procedure (or muni or contract law) is Glantz imo. It will be interesting to see if Stover will run for Judge. He does development plans too. Iirc a park development he presented recently was poorly received ny neighbors. (That’s Ellen’s boss).
That Abom knows he would not prevail on forgery is in part evidenced by his telling the BoC that Glantz needs his own lawyer. BoC & Boyde’s stupidity was not requiring Glantz to maintain adequate professional insurance to include his own legal representation in his contract. How many other CC contractor’s has that clause been negligently omitted from by the Town Solicitor?
a reminder a notarized affidavit is not a sworn affidavit:
http://www.gwblawfirm.com/wp-content/uploads/2014/01/cmk_affidavit_article.pdf
I still can’t find PA or local county rules of procedure addressing Glantz’ statement about public access to a Stricken motion, but reading generally stricken motions are not part of the public official case record & cannot be used for appeal. the word Glantz uses, expungement, just applies to individuals criminal records
@Blink. here’s a question for you or your prof: What in his SC responsive brief (not that I can find it to tead it) does A-bom mean by “concurrent jurisdiction”? That’s a State-Federal term. It seems to me BoCs do not have jurisdiction at all. Their “Special” would have to take action thru a County Court, and Counties are part of a unified judicial system with the State OAG.
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I think the Lunsford thing will be swept under the rug until Kistler is confirmed. Imo he’s right the docs can’t just go in the public record, and local jurisdictions led by the Sr judge may develop their own procedures. Too bad he didn’t put a request in writing to J Kistler citing the documents in question asking for procedural guidance to the prothonotary. I have a vague memory Lunsford was on the bench first, but as a district magistrate, not CC Bench which Kistler hit first. I guess since Cantorna & Glantz are very close, I wonder where Kistler fits in the County ol boys’ clubs.
I can answer that- he means that County PD and the AG have concurrent jurisdiction and that the AG is not exclusive to investigate crimes occurring in it’s jurisdiction just because the DA is the alleged actor. What I cannot find is a citation for it – it looks to me that is an interpretation by ommission of the AG act.
B
just a reminder–muni elections in May
http://centrecountypa.gov/index.aspx?NID=241
leader of the County pack: imo Corman
(& I bet he’s going to add a couple Judges,
one a Kistler vacancy, one now or later, Lunsford, and also add a DA)
http://centregop.org/officials/
if jurisdiction refers to the Bellefonte PD, it is true State Police & local PDs conduct joint investigations all the time & may be doing so now. Altho most rightwing County Sheriffs woukd argue they are the highest law enforcement officer in any county, not some police chief. I don’t see how that gives a BoC authority to appoint a special prosecutor to conduct its own investigation. Do you know how to access the response?. I can’t find it on the SC site.
in 2014 a BoC mtg was cancelled
only twice: Aug 9 & Nov 25
http://centrecountypa.gov/agendacenter
I wonder why the Prison Board & other groups stopped meeting?
http://centrecountypa.gov/agendacenter
a cursory read suggests similarities with the CC v DA investigation.
my guess is the BoC called it a special investigator rather than a special prosecutor to
avoid the requirement the S.P. must be Court appointed. That kept Kistler out of it.
http://www.pacourts.us/assets/opinions/Commonwealth/out/556cd03_1-12-04.pdf
apparently in this case the correct procedure by the Town Soliciter on behalf of BoC
was to ask a County trial court to appoint special counsel wrt likely litigation with a
County Board they themselves served on.
that Board’s claim of exclusive jurisdiction didn’t fly.
However, the Board’s problem, like Miller’s, is the Spec Pros.
had taken no adverse action against the Board. So the
Board lost on the matter of contesting a correctly Court-ordered S.P.
(there has to be something more than the possibility of action)
https://ujsportal.pacourts.us/DocketSheets/AppellateCourtReport.ashx?docketNumber=20+MM+2015
crisisinourcourthouse is good for something.
According to SPM’s filing, Albro’s attorney will testify that it was not an attempt to lower bail. In other words, it did not modify the bail. On the forgery claim, which does require it to be done for a purpose to injure or defraud, they would not have a case, assuming that SPM actually signed it.
Falsifying a public document might be possible, again assuming she signed it. However, it would raise the question of LE issuing false identification in undercover operations. I am wondering if there is an exception for that.
Theft of services in regard to the campaign will be difficult, because SPM did not campaign in 2013. She would have to do things like circulate and file petitions, but it is a bit unlikely Shutt would do that during business hours.
If she falsified a Judge’s signature for any purpose, imo this was neither the furst nor last time, and typists before & after Shutts will attest so, if Miller is as hated a Courthouse figure as Glantz portrayed in extemporaneous gossip in Jan 20.
Shutt says she was hired in Jube 2012, therefore her 1 year performance eval occurred in July or Aug 2012– allowing for a “busy” office. Since she departed on an odd date less than 6 mos later, my inference is she got substantial negafive feedback. My guess is SPM gave her thru the end of the year to fond more suitable employment. It was a very poor setting to begin her first & only office job.
the doc in question was filed (and allegedly typed & signed) 9/9/13, and “campaign work” occurred in the same time frame. Shutt departed the job having collected “emails” to “prove” her case, I assume by late August she was “collecting” evidence for accusations against SPM as a disgruntled employee, and imo it was likely tied to an unhappy 1 year perf review. She had her big class action against her only previous employer being pulled together & filed the first half of 2013, and likely she’d been educated on tge kind of worksite evidence that is useful. It seems to be the period Sept-Dec 2014 was all about objective evidence collection as after separation she would have nobfurther access to her govt email account. Shutt may be truthful but imo sly and purposeful.
I can’t say for certain which day the doc was typed, but it was signed on 7/31/13.
I also don’t know for sure if she was a hired employee or a contract employee. That could make a difference I’m sure, but employment law is not my forte. I am going to agree if it is true, it was not the first time.
B
1year was in Jul or Aug 2013..
her linkedin portrays her as an employee. In govt you are on probation one year and have a yearly perfor review. For whatever reason she gathered “evidence” on the job from July 2013 thru the fall
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I wondered who the Nancy Lee was posting poisonously (to me) against Miller along with E Black on Masorti sites. Seems shes a 409 truther & Republican. https://m.facebook.com/permalink.php?story_fbid=645030802293348&id=328719827257782