Scranton businessman Bob Bolus claims he was not given a fair trial and is hoping the state Superior Court vacates his prison sentence stemming from his insurance fraud conviction, according to court papers filed by his attorney this week in the appellate court.
The owner of Throop-based Bolus Truck Parts and Towing served a little less than a month of his six- to 23-month sentence in county prison. He was released in August pending his appeal.
"We were denied the evidence. We were denied putting witnesses on," Mr. Bolus, 70, said Friday. "We did absolutely nothing wrong. I should be given my truthful day in court."
Following a three-day trial last year before Judge Vito P. Geroulo, a Lackawanna County jury convicted Mr. Bolus of felony insurance fraud and theft charges brought by the state attorney general's office.
State prosecutors said he grossly inflated an insurance claim involving one of his tow trucks and a truck his company was towing. The crash occurred in central Pennsylvania in March 2009.
According to their investigation, Mr. Bolus' insurance claim stated there was nearly $24,000 in damage to the tow truck, $8,000 in damage to the towed vehicle, and $6,000 in towing expenses because of the crash.
An expert that reviewed the claim said much of the damage to Mr. Bolus truck came from an earlier crash, and that the towing bill he submitted was "questionable."
In his opening brief to the Superior Court filed by his Pittsburgh attorney Lea T. Bickerton, Mr. Bolus contended Judge Geroulo:
- Denied him the opportunity to present evidence that could have swayed the jury's verdict in his factor.
- Allowed a report about the crash from an insurance company expert to be admitted as evidence that could not be scrutinized during the trial because the report writer had died.
- Should have delayed the trial, as Mr. Bolus requested, because he was taking several prescription medications including painkillers for a cardiac problem and chronic pain condition and could not properly defend himself because the medicine affected his ability to "testify lucidly."
- Asked one witness, an independent appraiser, too many questions and his responses were "harmful" to Mr. Bolus' case.
"I just hope and pray the higher court sees the truth in what was done," Mr. Bolus said. "I just hope and pray this is overturned. ... My health and life is being put in jeopardy."
In a written opinion addressing Mr. Bolus' appeal, Judge Geroulo said he granted Mr. Bolus several delays because of his medical condition and noted he saw Mr. Bolus on television handing out groceries while claiming he was "too sick" to go to court.
On Friday by phone, Mr. Bolus denied he was handing out groceries at an event to help victims of widespread flooding caused by Tropical Storm Lee in 2011. He said he attended the event, but did not hand out groceries.
As for the crash report prepared by an insurance company representative who died before the trial, the judge wrote that while it was admitted as evidence that it merely existed, it would not be exhibited to the jury. The testimony arising from it was also ruled inadmissible, the judge said.
Mr. Bolus "alleges that the court demonstrated bias against" him, the judge wrote. "The court disagrees with this characterization."
If Superior Court denies Mr. Bolus appeal, the former Scranton mayoral candidate, who is well known for his annual free Christmas dinners, could be returning to prison. It is unclear how long it will take the appellate court to decide the case.
The attorney general's office has yet to file a response, according to court records reviewed Friday.
Contact the writer: smcconnell@timesshamrock.com, @smcconnellTT on Twitter