Two Lackawanna County businessmen given state prison terms for stealing from Bethlehem Twp. taxpayers through a failed streetlight deal could be entitled to be sentenced on a misdemeanor, and not a felony as they were, a judge suggested Wednesday in a legal filing.
Robert J. Kearns, 49, Scranton, and P.J. McLaine, 66, Elmhurst Twp., were convicted of theft for a scheme in which Northampton County prosecutors said they pocketed $832,460 by promising to help the township buy its streetlights for PPL Corp., then did almost no work on the project.
But the jury's verdict slip in January didn't ask the panel to state how much money they concluded Mr. Kearns and Mr. McLaine stole. As a result, their attorneys argued the pair shouldn't be sentenced for a felony, which becomes theft only if more than $2,000 is taken.
Judge Leonard Zito rejected the defense claim this month when he separately gave Mr. Kearns and Mr. McLaine, the principals of Municipal Energy Managers, prison terms of 16 months to five years.
But in an order Wednesday, Judge Zito asked both sides to file written briefs on two questions: can the felony stand if the jury didn't find a value for the theft and, if not, what is the proper gradation of the charge for the purposes of resentencing?
The grade could make a big difference for Mr. Kearns and Mr. McLaine's fates. Under a felony, the standard minimum sentence was nine to 16 months. Under a misdemeanor, it would be probation to one month.
Mr. Kearns and Mr. McLaine also face criminal charges in Lehigh and Cumberland counties, where they are accused of similar streetlight schemes. At least two municipalities in Lackawanna County - Scranton and Carbondale - had streetlight privatization and maintenance plans with Municipal Energy Managers. However, Lackawanna County District Attorney Andy Jarbola said his office had not received any complaints about MEM that would warrant an investigation into the company's activities.