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Judge: Kane "consumed by ego," orders 10 to 23 months in prison

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NORRISTOWN — She’s put hundreds of defendants in prison, but Monday former state attorney general Kathleen G. Kane left a courthouse in handcuffs after a judge sentenced her to serve 10 to 23 months in prison.
Ms. Kane, 50, Waverly Twp., had hoped to get probation or house arrest for her Aug. 15 conviction on charges she leaked grand jury information then lied about her actions. Montgomery County Judge Wendy Demchick-Alloy rejected that request, citing the “devastating impact her crimes had on her office and the public at large.”
“This is a case about a politician consumed by ego from day one,” Judge Demchick-Alloy said at the conclusion of the roughly five-hour hearing.
Instead of focusing on fighting crime, Ms. Kane was fixated on battling perceived enemies “and utilizing and exploiting her position to do it,” Judge Demchick-Alloy said.
“A violation of this magnitude by someone in the defendant’s position is extraordinary ... and is especially devastating to the credibility of our criminal justice system,” the judge said.
Neither Ms. Kane nor several dozen supporters who filled the courtroom showed any reaction as the sentence was read.
The judge granted a defense request to allow Ms. Kane to remain free on bail pending appeal of her conviction. She was immediately taken to the Montgomery County jail, however, after the judge refused her attorney’s request to be given 24 hours to post $75,000 cash bail. Ms. Kane posted bail and was released after about two hours in custody, according to The Morning Call in Allentown.
A jury convicted Ms. Kane, a Scranton native who in 2012 became the first Democrat and first woman to be elected attorney general, of two counts each of perjury, false swearing, obstructing the administration of law and conspiracy and one count of official oppression for leaking information about a 2009 grand jury probe of a Philadelphia man to embarrass the prosecutor in that case, whom she viewed as a political enemy. She then lied to the grand jury that investigated the leak.
Ms. Kane’s attorney, Marc Steinberg, acknowledged the seriousness of her crimes but implored the judge to consider Ms. Kane’s life history of public service. He called five witnesses, including Ms. Kane’s 15-year-old son, Christopher, to testify.
The teen told the judge his mother “is like my rock.”
“For her to leave me, it would be bad. It would be tough on all of us,” he said.
Ms. Kane also addressed the court, telling the judge she did not care about herself, but feared the impact being sent to prison would have on Christopher and her other son, Zachary, 14.
“I know there is nothing worse in the world than to watch your children suffer,” Ms. Kane said.
Choking back tears, she spoke about how hard it would be “not to hear their voices and not to see their faces.”
“The past few days have been the worst yet. I felt so sick to my stomach. I couldn’t stop crying,” she said.
Judge Demchick-Alloy said that while she felt for the boys, they were “collateral damage” from Ms. Kane’s actions.
“I feel sorry for them but you made these decisions, not the court,” she said.
Several other witnesses, including former Hazleton police chief Frank D’Andrea, spoke of the good she had done in her life, first as a Lackawanna County prosecutor who focused on sexual abuse cases and then as attorney general.
The judge acknowledged her good work, but said it was “eclipsed” by the egregiousness of her crimes. Any sentence other than incarceration would diminish the seriousness of her offenses.
“When perjury is committed ... it is the ultimate assault on the judiciary,” the judge said, her voice rising. “Here the oath was violated by the Pennsylvania Attorney General, the highest law enforcement officer in the state who was entrusted to enforce the law, not break it.”
Speaking after the hearing, Montgomery County District Attorney Kevin Steele and his assistant prosecutor, Michelle Henry, said they hoped Ms. Kane’s conviction and sentence sent a message that “no one is above the law.”
“What this defendant did was despicable,” said Ms. Henry, a Bucks County prosecutor who was specially appointed to assist with the case. “She put her desire for revenge above everything else. Everyone deserves better. Today, when she was taken out in handcuffs, there was finally justice.”
Mr. Steele called three witnesses, including a current and former prosecutor in the attorney general’s office. Both spoke about how they enthusiastically embraced Ms. Kane when she took office in January 2013. That excitement eroded quickly, however.
Erik Olsen, chief of the criminal division, said Ms. Kane isolated herself in the office with a select group of people.
“Through a pattern of systematic firings ...she created a terror zone,” Mr. Olsen said.
Clark Madden, a former deputy attorney general, said he and others had “tremendous pride” in the work they did. That changed after Ms. Kane came under investigation for the leak of the grand jury information
“There was a poison cloud in the corner of the office,” he said.
Ms. Kane’s trial attorneys are expected to appeal her conviction to the state Superior Court. If she loses there, they will seek to appeal to the state Supreme Court. She will remain free during that process, which will likely take a year or longer.
Contact the writer:
tbesecker@timesshamrock.com
@tmbeseckerTT on Twitter


City woman charged with arson

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SCRANTON — A woman faces arson charges after a weekend fire in the city.

City firefighters and police responded to 845 N. Main Ave. at about 5:20 p.m. on Saturday for a reported stove fire that had already been extinguished. Police spoke to Mary Ellen McCormack, 53, same address, who said she was in her third story bedroom when she heard a smoke alarm going off, went downstairs and put out the fire.

A city fire inspector later found cloth and cardboard atop the stove and ruled the fire had been intentionally set. Police determined that Ms. McCormack was the only person home when the fire started.

Ms. McCormack is in Lackawanna County Prison in lieu of $20,000 bail. A preliminary hearing is scheduled for Oct. 31.

— CLAYTON OVER

Coroner: Susquehanna County crash victims included girl, 7; boy, 10

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The children killed in a weekend crash on Interstate 81 in Harford Twp. that also claimed the life of a New York City woman were a 7-year-old girl and a 10-year-old boy, the Susquehanna County coroner said Monday.

State police at Gibson are still investigating the crash, which happened Saturday shortly after 3 a.m. when a tractor-trailer rear-ended a 2005 Nissan Altima carrying five people in the northbound lanes about two miles north of the Lenox exit.

Coroner Anthony Conarton declined to release the names of the children because they are minors.

However, he confirmed the girl was the daughter of the driver of the car, who was previously identified by Lackawanna County Coroner Timothy Rowland as Alicia Stocks, 25, of the Rockaway area of Queens.

Ms. Stocks was taken after the crash to Geisinger Community Medical Center in Scranton, where she died later Saturday of her injuries.

The 10-year-old boy, also a resident of Rockaway, was a relative of the other two victims, Mr. Conarton said. Both children were riding in the car’s rear passenger seat, he said.

Autopsies showed all three victims died of multiple traumatic injuries, authorities said.

Two other passengers in the car, along with the driver of the tractor-trailer, were injured in the crash, state police said.

Investigators have not released their identities.

Contact the writer:

dsingleton@timesshamrock.com

Coroner: Man found dead in Scranton apartment a suicide

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A man committed suicide and a woman suffered head injuries in an incident early Sunday morning in a city apartment, police said.

Scranton police responded to the Lofts at the Mill in the 800 block of James Avenue after a 911 call at 3:30 a.m. from a man who reported a woman needed help from a fall. There had been a fight and she was hurt, Capt. Dennis Lukasewicz said.

Officers arrived and heard moaning through the door. They entered and found Lorrine Rutkowski, 32, unresponsive on the living room floor.

Her face was bruised and she had an injury on the back of her head.

The 911 caller, a 35-year-old man from Carbondale, was dead in the bedroom of a self-inflicted gunshot wound, Capt. Lukasewicz said. Lackawanna County Coroner Tim Rowland ruled the man’s death a suicide.

In most cases, The Times-Tribune does not publish the names of those who commit suicide.

Ms. Rutkowski was hospitalized. Due to the severity of her injuries, police were not able to interview her to find out more about what happened.

Police believe the two were dating and had gone out to celebrate the woman’s birthday Saturday night.

Lackawanna County Court Notes 10/25/2016

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MARRIAGE LICENSES

■ Michael Robert Donvito and Shawnna Marie Giumento, both of Scranton.

■ Patrick Gallagher, Scranton, and Victoria Valvano, Olyphant.

■ Luis Angel Feliciano and Katelyn Marie Gonzalez, both of Scranton.

■ Autumn Danielle Gramigna, Scranton, and Jason Michael Homza, Moosic.

■ Chad Michael Lechleitner and Melissa Jean Fetsock, both of Scranton.

■ Jeremy Ryan Redner and Megan Beth Hines, both of Taylor.

PROPERTY TRANSACTIONS

■ Outlook Properties LLC, Hamlin, to Paul B. and Kathryn J. Dimler, both of Scranton; a property in Jefferson Twp., for $219,000.

■ Paul Roche, Scranton, to Brian and Patricia Golda, both of Scranton; a property at 149 Sussex St., Old Forge, for $159,900.

■ Paul B. and Kathryn J. Dimler, both of Scranton, to Patrick C. Weaver, Scranton; a property at Rear 601 E. Market St., Scranton, for $122,600.

■ Francis T. DeAndrea Jr. and Carol A. Cantafio, now known as Carole Forbes, to Michael and Lori Weber, and Sarah Weber; a property at 715 Mortiz St., Dunmore, for $177,000.

■ Elizabeth Bizik, Middle Village, N.Y., to Teresa Cola­russo and Robert Rybnick, both of Blakely; a property at Lawler Drive, Jessup, for $163,000.

■ Lorraine P. and Michael J. Pidich, both of Throop, t Stacey M. Maloney, both of Throop; a property at 930 S. Valley Ave., Throop, for $60,000.

■ Michele A. Atkinson, to Lisa A. Kovalchik, Peckville; a property at 24 Flora Drive, Blakely, for $136,000.

■ Patricia Gardus, Carbondale Twp., to Neal K. Goble, Peck­ville; a property at 215 Old Orchard Road, Carbondale Twp., for $195,000.

■ Elizabeth Northup and Anthony Lampo, both of Bryan, Texas, to Joseph T. and Cynthia M. Dempsey, both of West Abington Twp.; a property at Lake Winola Road, West Abington Twp., for $305,000.

■ Fannie Mae aka Federal National Mortgage Association, by its attorney in fact Urden Law Offices, P.C., to Robert Baron; a property at 201 Bichler Lane, Taylor, for $71,000.

■ Michael Anthony Kalteski, Scranton, to Kerri Price, Scran­ton; a property at 45 Terion Drive, Spring Brook Twp., for $232,000.

■ Clarks Summit University, formerly known as Baptist Bible College of Pennsylvania, formerly known as Baptist Bible Seminary, South Abington Twp., to Priestly Fraternity of St. Peter Inc.; a property at Near Venard School, South Abington Twp., for $1,200,000.

■ Davlisa Enterprises Inc., Wilkes-Barre, to Richmondale Hunting Club, Simpson; a property in Fell Twp., for $25,000.

■ Charles L. Swisher, South Abington Twp., to John Sivalon; a property at 58 Parkland Drive, Building 32, South Abington Twp., for $174,000.

■ Catherine Harrington, executrix of the estate of Arline M. Harrington, to Shawn T. Palermo, Scranton; a property at 1507 N. Webster Ave., Dunmore, for $99,000.

DIVORCE SOUGHT

■ Ruth Lozinger Smith, Scranton, v. Eric Shane Smith, Scranton; married Jan. 16, 1993, in Montdale; pro se.

ESTATE FILED

■ William A. Susnosky, 800 Theresa St., Peckville, letters of administration to Patricia A. Susnosky, same address.

STATE TAX LIENS

■ Stugus Construction Inc., 11045 Valley View Drive, Clarks Summit; $2,056.74.

■ Lehigh Valley Coffee Service LLC, 104 Park Lane, P.O. Box 124, Moscow; $2,154.68.

■ Shamrock Custom Cycles & Auto Collision, 50 N. Scott St., Carbondale; $3,776.62.

■ Scranton Home Mirror & Glass Inc., 1930 Cedar Ave., Scranton; $2,329.18.

■ Revolutionary Nurses LLC, 1619 Main St., Olyphant; $9,524.50.

■ John and Nicholle Savo, both of 452 Rella Drive, Arch­bald; $1,046.45.

■ David J. Chromey, 1 Oakwood Drive, Old Forge; $12,033.86.

■ Daniel Brown, Box 2067, Shady Drive, Moscow; $5,090.26.

■ Bryan X. Keller, 417 Cherry St., Scranton; $346.

■ Drazen and Amy Petrinec, both of 1236 December Drive, Scranton; $8,775.37.

BENCH WARRANTS

Judge Andrew Jarbola has issued the following bench warrants for failure to appear on fines and costs:

■ Carlos L. Castro, 139 Thunderbird Drive, Scranton; $4,963.

■ Jason Rivera Lugo, 511 Buchannan St., Bethlehem; $4,113.

■ Robert Joseph Duffy, 222 Lampman St., Avoca; $3,178.50.

■ James Dorsey Jr., 1934 Boulevard Ave., Apt. 5, Scran­ton; $3,181.50.

■ Angel Ortiz, 529 N. Rebecca Ave., 2nd Floor, Scranton; $3,874.07.

■ Kurtis Bumbarger, 1063 Tresslerville Road, Lake Ariel; $2,630.50.

■ Jose Casado, 608 E. Diamond Ave., Hazelton; $1,142.

■ Ryan Frable, 2 Amity Court, Scranton; $4,770.50.

■ Shane Diskin, 2827 Birney Ave., Scranton; $2,861.

■ Cody Harris, 226 S. Edwards Court, Scranton; $852.

■ Anthony Calderon, 834 Beech St., Apt. 1, Scranton; $1,040.50.

■ Jamie Fabbri, 420 15th Ave., Scranton; $5,916.32.

■ James Gerard, 47 Pearl St., Carbondale; $1,325.50.

ONLINE: thetimes-tribune.com/courts

Airplanes to lead the way to airport

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Planes that never fly soon will point the way to the ones that do.

If the weather cooperates today, a state Department of Transportation contractor will apply 11 airplane-shaped plastic markers on the pavement of the roundabouts and roads leading to the Wilkes-Barre/Scranton International Airport to help people navigate the sometimes confusing traffic devices. Traffic disruption should be minimal, but motorists should watch out for workers, PennDOT said.

Berne Milarck of Archbald came up with the unique idea. She got a message to regional PennDOT spokesman James May in January, after watching him talk about the controversial roundabouts on television. Some drivers complained

the roundabouts confuse them, lead them in circles or get them lost.

PennDOT officials said they believe the roundabouts will save lives by slowing down traffic, especially large trucks.

“I fell in love with the idea,” Mr. May said of Mrs. Milarck’s airplane pointers, and he started trying to get it done almost right away.

Back then, the Airport/Avoca interchange remained under construction so PennDOT waited until the project was done.

Now, with the new interchange officially open almost two months and winter on the way, the department is ready to install the large white, plastic road stickers. The job should take no more than a day or two, but PennDOT hasn’t done this anywhere else so it’s hard to tell, he said. He had no cost estimate for the job, but it’s a fraction of the $52 million interchange project’s cost.

Mrs. Milarck said she found the roundabouts “frightening” when she drove to the airport last November and figured simple planes on the road could show the way.

“That was a fluke,” she said, downplaying her success.

“Many times people get frustrated with government,”

Mr. May said. “We try to listen to the public, and this is an example.”

Contact the writer:

bkrawczeniuk@timesshamrock.com

Scranton School Board moves forward with bond refunding, discusses costs

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The Scranton School Board took the next step in refunding a $40 million bond — a move that could save the district $2 million or more.

At a special meeting Monday night, directors approved the lone resolution to start the process of refunding the bond, with the goal of getting a lower interest rate for the remaining nine-year term. Directors also questioned the fees associated with the refunding, which are estimated at about $340,000.

Last year, the $40 million bond acquired to avoid default included $846,819 in closing costs and other fees — a total that alarmed some members of the board. The estimated financing costs for the current refunding include $200,525 to Michael Judge, president of Case-Con Capital, the district’s financial consultant. The fees for the refunding do not include the underwriting discount, estimated at $280,735.

An agreement with Mr. Judge, approved by the board in 2014, states the district will pay him a fee equal to 0.75 percent of the principal amount of the amount financed from all sources, or $75,000, whichever is greater. Mr. Judge, who received $263,392 with the original bond, said he will work with the district to negotiate a lower fee.

“That’s too much,” Mr. Judge said. “We have to talk about rectifying that.”

Cy Douaihy, board vice president, said when the board brought Mr. Judge on two years ago, directors did not envision all of the financial transactions he has overseen.

Directors must refund or remarket the bond by Dec. 1. Without the district having an underlying credit rating, Mr. Judge is working with the state to receive a credit rating based on the state’s intercept program — a program that allows the state to withhold subsidy payments from a district that fails to make a debt payment.

In December, when the state budget impasse halted all state funding, the district was unable to repay two loans due by the end of 2015. Along with paying off two tax anticipation notes due at the end of the year, the $40 million bond created a district health care trust — which the district borrowed from to balance the 2016 budget.

Contact the writer:

shofius@timesshamrock.com, @hofiushallTT on Twitter

Judge issues bench warrants for local attorney

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WILKES-BARRE — A Kingston attorney disbarred earlier this year for duping clients is now a wanted man.

Luzerne County Judge Tina Polachek Gartley on Monday issued bench warrants for Anthony J. Moses, 37, after he failed to appear for a trial date scheduled in two bad checks cases.

Mr. Moses is facing misdemeanor charges accusing him of writing bad checks for $258 and $237 at the Price Chopper in Edwardsville in January 2013.

The state’s Disciplinary Board of the Supreme Court disbarred Mr. Moses in May for cashing checks and failing to work, practicing while his law license was suspended and failing to adequately represent his clients.

According to a petition for discipline filed in court earlier this year, Moses accepted payment from several clients and then failed to represent them.

— JAMES HALPIN


Teenager injured in hit and run

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SCRANTON — Police are looking for the driver who struck a teen on a bike in Scranton on Monday and then fled.

Matt Birdsall, 14, rode a bicycle across the 200 block of South Webster Avenue at 2:48 p.m. when a car hit him and took off, city police Lt. Marty Crofton said. The boy described the car as a gray four-door Honda, Lt. Crofton said.

Emergency medical personnel took Matt to Geisinger Community Medical Center. He suffered bruising and will be OK, said Scranton School District Superintendent Alexis Kirijan, Ed.D.

Anyone with information on the crash or the driver who fled should call 570-342-9111.

— CLAYTON OVER

Eric Trump speaks at Lackawanna GOP dinner

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Eric Trump touted his Northeast Pennsylvania connections during a stop in the Electric City on Monday and even offered Democratic presidential nominee Hillary Clinton a tour of Scranton.

“I can tell you the amount of time I’ve spent in this area, I know it as well as anybody, but I definitely spent more time than Hillary — although she likes to say she’s from Scranton,” he said.

Mr. Trump was the guest of honor at the Republican Party of Lackawanna County’s annual Multi-County Fall Dinner on Monday night. He was on the campaign trail for his father, Republican presidential nominee Donald Trump.

Republican representatives from all over Northeast Pennsylvania, including Pike, Wayne, Susquehanna and Luzerne counties, enjoyed a turkey dinner with Eric Trump, who sat at the head table at St. Mary’s Center in Scranton.

Eric Trump campaigned throughout the state Monday, touring the state Capitol Building in Harrisburg and the Yuengling Brewery in Pottsville. He left Scranton shortly before 8 p.m. to move onto another campaign event, county Republican Chairman Lance Stange Jr. announced to the crowd of more than 200. Pennsylvania is a key state in the upcoming election.

Eric Trump said Mrs. Clinton’s plan to reduce the national debt over the next decade is “a drop in the bucket.” Companies are leaving the United States because of the North American Free Trade Agreement, signed by former President Bill Clinton in the early ’90s, he said. The United States’ education system is failing, military resources and troops are at an all-time low and many citizens are working second and third jobs because median income has stagnated while costs of living rise, he told the crowd.

“We’re Americans. We should be first in the world in everything we do,” he said.

Before wrapping up his speech, Eric Trump promised his family would continue to fight for the United States.

“We’re going to stop the corruption,” he said.

U.S. Reps. Lou Barletta, R-11, Hazleton, and Tom Marino, R-10, Lycoming Twp., also spoke during the dinner.

Mr. Marino called Mrs. Clinton weak and her policy on late-term abortions “disgusting” and “barbaric.” He praised Donald Trump’s pro-life stance and received a loud applause after mentioning the candidate’s plan to make Mexico pay to build a wall along the Mexico/United States border.

Mrs. Clinton’s plan to add jobs creates more government positions, he said.

Mr. Barletta, who introduced Eric Trump, said Donald Trump’s “contract for America,” the plan for his first 100 days in office, “blew” him away.

“First thing we’re going to do is we are going to approve the Keystone Pipeline,” he said. Donald Trump will also replace the late Supreme Court Justice Antonin Scalia with another conservative judge and “rip up President Obama’s executive orders,” among other goals.

“America is at a crossroads of two different Americas,” Mr. Barletta said. “We have got to do our duty and elect Donald Trump in the next two weeks.”

The general election is on Tuesday, Nov. 8.

Contact the writer:

kbolus@timesshamrock.com,

@kbolusTT on Twitter

Citizens Bank to close branch

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Citizens Bank at 23 N. Main St. will close Jan. 20 at 5 p.m., according to a letter Jeffrey Pearlberg, retail banking director and senior vice president of the bank, sent to customers.

The letter from Mr. Pearlberg instructs customers if they have safe deposit boxes at the bank, they will receive a letter next week about how to move them to another Citizens Bank branch.

Citizens Bank has branches at Market Street Square, 111 E. Market St., Wilkes-Barre; 196

S. Wyoming Ave., Kingston; and 351 Kidder St., Wilkes-Barre.

— DENISE ALLABAUGH

Police: Burglars try to steal ATM

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SCRANTON — Two men tried to steal an ATM from a South Scranton grocery store Sunday morning but only managed to drag it across the street, city police said.

A witness reported to officers that two men dressed all in black dragged what was later determined to be an ATM machine away from Scott’s Store, 2603 Birney Ave., at 2:46 a.m., Capt. Dennis Lukasewicz said.

A description of the two was not available.

Anyone with information should contact detectives at 570-348-4139.

— JOSEPH KOHUT

Man beat and robbed in Scranton

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SCRANTON — A group of people beat and robbed a man at a South Scranton store Friday, city police said Monday.

Eugenio Orellana, 42, stopped at Convenient Food Mart, 1801 Pittston Ave., and turned when someone called his name, Capt. Dennis Lukasewicz said. A group of people assaulted him and took his keys and cash.

Mr. Orellana does not speak English and did not contact police. His daughter took him to a hospital Sunday and hospital staff reported the robbery.

Police did not have a description of the assailants.

Anyone with information should contact detectives at 570-348-4139.

— JOSEPH KOHUT

No speakers at first Lackawanna County budget hearing

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SCRANTON — No one spoke at Monday’s public hearing on Lackawanna County’s tentative 2017 budget.

However, people still have three more opportunities to weigh in on the spending plan, which so far includes no property tax increase, $103.77 million in general fund spending and a projected $15.27 million surplus.

The remaining hearings will all be held Friday: 9 a.m. at the Taylor Borough Building, 122 Union St.; noon at Carbondale City Hall, 1 N. Main St.; and 3 p.m. at Benton Twp. Community Center, Route 407, Fleetville.

So far, only Democratic Commissioner Patrick O’Malley supports the spending plan that will require a second vote to adopt.

—KYLE WIND

Dunmore borough manager back on duty

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DUNMORE — The borough manager is back on the job.

Vito Ruggiero started work again Monday, about a year after he left the borough to become a top administrator at Gino J. Merli Veterans Center in Scranton.

Mr. Ruggiero rose from deputy commandant to commandant at the 196-bed facility that offers health care and related services to veterans and spouses who are disabled, chronically ill or in need of specialized care. He also oversaw Gino Merli getting its license restored in April after it had previously been downgraded to the lowest possible level.

Council reappointed the 45-year-old borough manager last month at a $95,000 salary. Mr. Ruggiero said he spent Monday getting reacquainted with the municipal operation and planned to soon meet with members of council to talk about their goals.

“We’re going to sit down very shortly,” Mr. Ruggiero said. “Each council person is going to do a punch list of what they want, and we’re going to prioritize from there ... I just want to be part of council’s progress to get our hometown moving in the right direction.”

Councilman Timothy Burke had several initial ideas about areas that could benefit from Mr. Ruggiero’s attention.

They included working out how the borough should address stormwater in the aftermath of the proposed Scranton Sewer Authority sale to Pennsylvania American Water; coordinating with the state Department of Transportation on the agency’s projects in Dunmore and council on a long-term borough paving plan; and resolving the missed 2014 pension payment that led to the state auditor general’s office withholding more than $300,000 in pension aid from Dunmore.

Contact the writer:

kwind@timesshamrock.com,

@kwindTT on Twitter


Incident at Merli Center sparks report from state

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Gino J. Merli Veterans Center staff failed to supervise properly a resident with a history of sexually inappropriate behavior and the man then touched a female resident’s breast in July while she slept, according to a state Department of Health report.

Investigators also found that staff notified the Lackawanna County Area Agency on Aging and Scranton police about the incident, but not the state Department of Aging, according to the report. Staff must notify all of those agencies per facility policy on abuse reporting and investigation.

A female resident at the facility, identified as “Resident 28” in documents, reported a man came in her room while she slept and touched her breast at about 6:45 a.m. on July 23.

The report indicates the alleged perpetrator, identified as “Resident 1” in the report, exhibited sexually inappropriate behavior related to cognitive loss and impulsivity in the past. A staff member was to accompany him at all times when he was awake, according to documents. A nurse’s aide assigned to Resident 1 on the morning of the incident left him alone to tend to another resident and did not ask another employee to watch him, according to the report.

Attempts to reach State Department of Military and Veterans Affairs spokeswoman Joan Nissley on Monday were unsuccessful.

No arrests were made in the incident, Scranton police Lt. Marty Crofton said.

A correction plan to be implemented by today includes a review of the facility’s abuse policy to supervisors and administration to ensure all regulatory agencies are notified of appropriate allegations of abuse and that staff will perform random weekly and monthly audits to ensure residents who are care-planned to receive additional supervision are getting that supervision.

Contact the writer:

cover@timesshamrock.com,

@ClaytonOver on Twitter

Disgraced judge continues to fight

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WILKES-BARRE — Disgraced kids-for-cash Judge Mark A. Ciavarella continues to push to have some of his convictions overturned, arguing in a filing Monday that any money he got did not amount to a kickback.

Mr. Ciavarella, 66, is seeking to have his 28-year prison sentence reduced based on a recent U.S. Supreme Court decision regarding honest services mail fraud. The court ruled that in order for an official to be guilty of that offense, the person must exercise governmental power.

Mr. Ciavarella — who was convicted of 12 of 39 charges, including four counts of honest services mail fraud — argues he did nothing in his official capacity as judge that caused former detention center co-owner Robert Powell to hire real estate developer Robert Mericle. As a result, the payment Mr. Mericle gave him could not amount to a bribe, he claims.

Mr. Powell served 18 months in prison for paying $770,000 in kickbacks to Mr. Ciavarella and former Judge Michael T. Conahan, who pleaded guilty to racketeering conspiracy charges, is serving 17½ years in prison.

— JAMES HALPIN

 

Senate OKs special AG prosecutor

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HARRISBURG — Just hours after former Attorney General Kathleen G. Kane was sentenced to prison for leaking secret grand jury information, lawmakers moved closer to passing legislation for a special prosecutor to investigate alleged wrongdoing by an attorney general.

The Senate unanimously approved a House-passed bill to revive the Office of Independent Counsel. The House now must vote on amendments to the bill as the legislative session winds down this week. Both chambers must agree on the same bill version for it to reach Gov. Tom Wolf’s desk.

The measure would re-establish the expired Independent Counsel Authorization Act.

It would create a special independent prosecutor’s panel composed of judges to appoint a special prosecutor to head an investigation. The panel would act upon receiving a petition from a district attorney or judge with reasonable grounds to believe that an attorney general was involved in an offense greater than a summary offense.

The assignment would last until the investigation and any prosecutions have been completed and a report filed.

The issue of having a specific procedure in place cropped up when Ms. Kane challenged the ability of a Montgomery County judge to appoint a special prosecutor to investigate the grand jury leak involving her. The Supreme Court ruled in the judge’s favor, but Chief Justice Thomas Saylor and former Justice Correale Stevens urged lawmakers to reinstate the law.

Contact the writer:

rswift@timesshamrock.com

Times-Tribune reporter will lead panel on state's role in election

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SCRANTON — Times-Tribune political reporter Borys Krawczeiuk will replace MSNBC’s Chris Matthews to lead a Wilkes University panel discussion today examining Pennsylvania’s role as a swing state and important issues in the 2016 presidential election.

Mr. Krawczeiuk, a 28-year veteran of the newspaper who has covered politics full-time since 2001, will join Lara Brown, Ph.D, interim director of the Graduate School of Political Management at George Washington University; Berwood Yost, director of the Center for Opinion Research at Franklin and Marshall College; and Thomas Baldino, Ph.D, a Wilkes University political science professor.

The panel discussion, free and open to the public, will begin at 11 a.m. in the Dorothy Dickson Darte Center for the Performing Arts.

— JOSEPH KOHUT

Namedropper, Oct. 25, 2016 -- Prep Galleria, Super students, Canoe Club Commodore

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70-plus vendors

due at Galleria

The two-day Scranton Prep Galleria will showcase crafts and merchandise from over 70 vendors on Saturday and Sunday, Nov. 12 and 13, at the school at 1000 Wyoming Ave. in Scranton

Committee members, includingKaren Brier, Nadine Ferrario, Posie Granet, Leslie Hesser, Suzanne McGrath, Nancy Pinto, Amy Salvatori, Kathy Terrery and Erin Valvano, will also bring back the popular Marketplace, featuring homemade baked goods prepared by Prep parents. A basket raffle and lunch will be featured each day.

Breakfast with Santa is scheduled Sunday, Nov. 13, from 10 a.m. to noon, when Santa will be posing for photos with his guests.

Super students

When the Misericordia Players present the Pulitzer Prize-winning drama, “Wit,” by Margaret Edson on Thursday through Saturday at 8 p.m. in Lemmond Theater in Walsh Hall, David Lutchko of Scranton will be playing Harvey Kelekian, M.D.; Olivia Kat ulka, West Wyoming, E.M. Ashford, Ph.D.; and Madison Mokychic, Monroe Twp., Susan Posner, R.N. Cecilia Russo of Benton also is in the cast. Jeffrey Kelly of Pittston is technical director. Tickets at $5, $3/senior citizens, will be available at the door. ... Hollis Coldwater of South Abington Twp. is a member of Alpha Delta Pi at Ashland (Ohio) University. Hollis is an intervention specialist major. She is the daughter of Cleve and Jayne Coldwater and a 2014 graduate of Abington Heights High School. ... Students honored as University Scholars at Susquehanna University include Gabrielle Alguire of Tunkhannock, Julia Hessling of Hawley, Andrew Muckin of Lake Winola and Gustin Reynolds of Honesdale. Gabrielle, an accounting major in the class of 2017, is a graduate of Tunkhannock Area High School and daughter of Kenneth and Michelle Alguire. Julia, a business administration major in the class of 2018, is a graduate of Wallenpaupack Area High School and daughter of William Hessling and Theresa Silsby . Andrew, a biology major in the class of 2017, is a graduate of Tunkhannock Area High School and son of Margaret and Gary Muckin. Gustin , a biochemistry major in the class of 2018, is a graduate of Honesdale High School and son of David and Katherine Reynolds. University Scholars must earn a cumulative grade point average of 3.75 in full-time study for the past two semesters or equivalent credit hours of part-time study.

High notes

Bruce Cizik was elected Scranton Canoe Club commodore, and Mike Bouselli, Ed Coleman and Mike Hopkins , were added to a board of returning directors, including Sean McDonough, vice commodore; Jack Chipak, secretary; and Bill Bender, Candee Cianni, Steve Fox, Marie King, Phil Rozaieski and Mark Scappatura , during a recent meeting. Bruce succeeds attorney Joe Price at the helm of the Lake Winola club.

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