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Times Leader 04-08-2011

Times Leader 04-08-2011

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The Wilkes-Barre Times Leader
The Wilkes-Barre Times Leader

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C M Y K
6
09815 10011
WILKES-BARRE, PA FRIDAY, APRIL 8, 2011 50¢
timesleader.com
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imes
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eader
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DAILY 
DEAL
TODAY’S
DEAL
Monty Python’s ’Spamalot’hits Scranton Cultural Center
theGUIDE,INSIDE
Lovely Spam!Wonderful Spam!
SWB Yanks roughed upby Lehigh Valley IronPigs
SPORTS,1B
Yankees fizzlein opener 
WASHINGTON—Timegrow-ing short, President Barack Oba-ma and congressional leadersbargainedandblusteredbyturnsThursday, still shy of an agree-menttocutfederalspendingandhead off a midnight Friday gov-ernment shut-down that noone claimed towant.Obama heldtalks at theWhite Housetwice durinthe day withHouse Speaker John Boehner, R-Ohio, and Senate Majority Lead-er Harry Reid, D-Nev., and aidesnegotiated for hours in betweenin pursuit of a deal.Thepresidentandthelawmak-ers directed their aides to workthrough the night in pursuit of adeal.“I expect an answer in themorning,” Obama said in an ap-pearance in the White Housebriefing room shortly after hissecond sit-down of the day with
Talks onspendingresult inno deal
House pushes through bill tofund government for anotherweek with $12B in cuts.
ByDAVIDESPO
AP Special Correspondent
SeeSPENDING, Page2AINSIDE:
Arealawmakersweigh in; shut-down’s impactwould vary.Page
2A
SCRANTON Acknowledg-ingtheimportanceoftransparen-cywithinthecourtsystem,afed-eral judge on Thursday orderedthe release of the majority of let-ters written on behalf of formerLuzerne Coun-ty Judge Mi-chael Toole re-lating to hissentencing to-day on a cor-ruption charge.U.S. DistrictJudge RichardP. Conaboyagreedthatlet-ters written bypublicofficials,court workers,friends and co-workersshould be re-leased, but de-nied the re-leaseofletterswrittenbycertainfamily members, members of Al-coholics Anonymous, religiousofficialsandToole’salcoholcoun-selor.Conaboy said he believed theletters from public officialsshouldbereleasedintheirentire-ty because those persons, by vir-tueoftheirpositions,donothavethe same expectation of privacyas private individuals.
“MIKE AS A FRIEND, has been there for me anytime Ineeded him. … My children even call him Uncle Mike now.”
ArunPatel
manager at Beer Belly’s Beverage in State College
Toole case: Letters and the law
NIKO KALLIANIOTIS/FOR THE TIMES LEADER
FormerLuzerneCountyJudgeMichael Toolewill besentencedtodayforhisguiltypleatocorruptreceiptofarewardforofficial actionandtaxevasion.
First reported
4:13P.m.
timesleader.com
Judge releases messages,saying it is vital to giveaccess to sentencing factors.
ByTERRIEMORGAN-BESECKER 
tmorgan@timesleader.com
SeeTOOLE, Page5A
AGAINSTLENIENCY
Al J. Baloga, taxpayer
GeorgeKochis
JohnandAnnMarieGocek
VICTIM’SIMPACTSTATEMENT
LuzerneCountyDistrictAttorneyJackieMustoCarroll
FORLENIENCY
PatrickJ. TooleIII, brother
FrancineBeach-Toole, sister-in-law
JennyBeach, niece
HannahBeach, niece
LisaTooleDeMichele, sister
EdwardDeMichele, brother-in-law
DerekJamesToole, nephew
Dr. SharonPalushock, sister-in-law
MaureenMullen, aunt
JosephK. Mullen, uncle
JosephK. MullenJr., cousin
AnnM. Toole, sister-in-law
JenniferTodaro, cousin
SharonParri, formerWilkes-BarreAreaSchool Districtsecretary
AldonaDeMichele, relativebymarriage
MelanieDeMichele, relativebymarriage
MaryannMarkowski, relativebymarriage
JosephM.Toole, brother
JohnMarkowski, relativebymarriage
JohnPalushock, father-in-law
EnesPalushock, mother-in-law
ArunPatel, boss
D. RichardFrancke, businessowner
KathyStephens, co-worker
JanetLeGars, co-worker
JosephJ. Aveni, co-worker
AngelaC. Sallemi, LuzerneCountycourtreporter
CynthiaL. Rachilla, LuzerneCountycourtreporter
LisaTratthen, LuzerneCountycourtreporter
AnitaCalzola, LuzerneCountycourtreporter
ChristineYaros, LuzerneCountycourtreporter
AttorneyAnnB. Cianflone,formerlawclerk
BrianJosephLeighton, LuzerneCountyAdultProbation/Paroleofficer
EugeneE. DuffyJr., LuzerneCountyAdultProbationofficer
DonaldWolfe, housinginspectorwithHousingAuthorityofLuzerneCounty
MauraLeighton, friend
JudithSolomon, friendand
THE LETTERWRITERS
SeeWRITERS, Page5A
SCRANTON -- Dr. Robert M.D’Alessandri, the first dean andpresidentatTheCommonwealthMedical College, has steppeddown from thatpost, accordintoanannounce-ment madeThursday.The Board of Trustees of Scranton-basedschool hasnamed Dr.Maurice Clifton as acting deanand chief academic officer. Clif-tonwasseniorassociatedeanforacademic affairs at TCMC.D’Alessandri will stay on toserve in an advisory role at thecollege until June 30.NoreasonwasgivenforD’Ales-sandri’s decision, other than hewas pursuing other opportuni-ties.“It has been my privilege toserve as President and Dean of TCMCsinceitsinceptionandwehave accomplished a great deal,”D’Alessandri said in an e-mailedstatement. “Working togetherwith our board, faculty, staff andcommunity, we have made con-
Medicalcollegehead quits
Scranton-based school’s firstdean and president to stay onin advisory role until June 30.
ByANDREWM.SEDER 
aseder@timesleader.com
SeeQUITS, Page10A
D’Alessandri
WEATHER
AdrienneWrenSunearly.Rainlate.High56. Low37.
Details, Page10B
HARRISBURG—Proddedbythe federal Environmental Pro-tection Agency, the state said itis expanding the scope of waterteststoscreenforradioac-tive pollutants and othercontaminants from thestate’s booming naturalgasdrillingindustry.The state Departmentof Environmental Protec-tion’s acting secretary,MichaelKrancer,wroteWednes-daytotheEPAtosaythathehasrequested additional testing from some public water suppli-ersandwastewatertreatmentfa-cilities.Those steps, he said, were inthe works before the EPA’s re-gional administrator, ShawnGarvin,sentaMarch7letterask-ing Pennsylvania to begin morewatertestingtomakesuredrink-ing water isn’t being contami-nated by drillers. The state’s re-quests for additional testing,however, were made later inMarch,Krancersaid.Thetestsshouldcheckforradium,uraniumandthesaltydissolvedsolidsthat could potentiallymake drilling wastewa-ter environmentally da-maging,accordingtoco-pies of letters the DEP said itsent to 14 public water author-ities and 25 wastewater facili-ties.Inhisletterlastmonth,Garvinsaidmosttreatmentfacilitiesareunable to remove many of the
State expanding water testsfor contaminants from drilling
Most treatment facilitiesunable to remove manypollutants, EPA letter says.
ByMARCLEVY 
Associated Press
SeeTESTS, Page10AINSIDE:
Truck safety violationsdown,
Page10A
Dallas Township mulls measures,
Page10A
WILKES-BARRE JimMcMonagle has been a prose-cutorinLuzerneCountyfor17years.He has represented the Dis-trict Attorney’s Office honest-ly and fairly sincebeing hired in1993, he told TheTimes Leader’sendorsementboard Thursday.Now, he’s ready to representthe people of Luzerne Countyby running for one of six openseats on the Court of CommonPleas.“I thought I was as good orbetter than candidates run-ning (in 2009),” McMonaglesaid.A native of Johnstown,McMonagle came to LuzerneCountyandwasappointedasafull-time assistant district at-torneyin1993.Hehasheldtheposition ever since.“Beingalawyeralwaysfasci-nated me,” McMonagle said,noting his father was a policeofficer in Cambria
McMonagle cites honestyand fairness on the job
CLARK VAN ORDEN/THE TIMES LEADER
JimMcMonagle, candidateforLuzerneCountyjudge.
BySHEENADELAZIO
sdelazio@timesleader.com
SeeCANDIDATE, Page10A
Tomanyofhisfriendsandfamilymembers,theMichaelTooleappearingbeforeafed-eral judge for sentencing oncorruption-related chargestoday has done more goodthan bad and deserves abreak, they said in letterswrittenonhisbehalf.They recalled his sense of humor, his compassion anddevotiontofamilywhenask-ing for leniency for the 51-year-old former LuzerneCountyjudge.Thelettersmightnothavebeen made public if othermedia organizations had notjoined WNEP-TV in asking fortheirrelease.Toole’sattor-neyFrankNocitoarguedthattheybekeptprivate.U.S.DistrictJudgeRichardConaboy on Thursday or-dered that most of them bemade public, allowing somefamily letters and those of members of AlcoholicsAnonymous to remain se-cret. Toole has undergonetreatmentforalcoholismandattendsAAmeetings.Morethan135peoplewhoknow Toole wrote to Cona-boy in an attempt to paint afull picture of the man whowill stand before him incourt.
Friends and family: Calls for leniency abundant
More than 135 wrote onex-judge’s behalf. Sometook opposite side.
ByJERRYLYNOTT 
jlynott@timesleader.com
SeeLETTERS, Page5A
To see thereleasedletters, visit
www.timesleader.com
 
K
PAGE 2A FRIDAY, APRIL 8, 2011 THE TIMES LEADER www.timesleader.com
Cardoni,DennisDavala,ValerieDogal,JosephJezuit,MadonnaKarsko,AlbertaKearney,MargaretKlemash,JosephKonicki,HelenKotulski,WilliamLatorre,MaryMack,DarwinSr.Papatopoli,EugenePil,JeanToole,DorothyWrobleski,Robert
OBITUARIES
Page 6A
AGRAPHICONPAGE12A
inThursday’s Times Leaderdepicting the 33-mile naturalgas pipeline from Susquehan-na County to Dallas Townshipbeing planned by WilliamsMidstream Operations mis-labeled Wyoming County.
BUILDINGTRUST
The Times Leader strives tocorrect errors, clarify storiesand update them promptly.Corrections will appear in thisspot. If you have informationto help us correct an inaccu-racy or cover an issue morethoroughly, call the newsroomat 829-7242.
HARRISBURG – Four playersmatched all five winningnumbers drawn in Thurs-day’s “Pennsylvania Cash 5”and will receive $213,793each. Lottery officials said193 players matched fournumbers and won $266each and 8,575 playersmatched three numbers andwon $10 each.Monday’s “PennsylvaniaMatch 6 Lotto” jackpot willbe worth at least $700,000because no player holds aticket with one row thatmatches all six winningnumbers drawn in Thurs-day’s game.
LOTTERY
MIDDAYDRAWING
DAILY NUMBER
7-3-5
BIG FOUR
7-0-3-2
QUINTO
3-8-2-5-6
TREASURE HUNT
12-17-18-19-24NIGHTLYDRAWING
DAILY NUMBER
0-3-3
BIG FOUR
4-2-3-5
QUINTO
9-8-1-3-2
CASH FIVE
12-17-20-23-25
MATCH SIX
11-21-26-39-42-45
DETAILS
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Delivery Monday–Sunday $3.50 per weekMailed Subscriptions Monday–Sunday$4.35 per week in PA$4.75 per week outside PAPublished daily by:Wilkes-Barre Publishing Company15 N. Main St.Wilkes-Barre, PA 18711Periodicals postage paid atWilkes-Barre, PA and additional mailing officesPostmaster: Send address changesto Times Leader, 15 N. Main St.,Wilkes-Barre, PA 18711
+(ISSN No. 0896-4084)USPS 499-710
Issue No. 2011-098
the lawmakers.The president said late Thurs-daythattalkswithcongressionalleaders yield progress but nodeal to avoid a shutdown.Withanagreementelusive,Re-publicans passed legislationthrough the House to fund thePentagon for six months, cut $12billion in domestic spending andkeep the federal bureaucracyhummingforanadditionalweek.“There is absolutely no policyreason for the Senate to not fol-lowthe House in taking these re-sponsible steps to support ourtroops and to keep our govern-ment open,” said Boehner.But Obama flashed a vetothreatevenbeforethebillpassedon a 247-181, mostly party-linevote. The administration issueda statement calling it “a distrac-tionfromtherealwork”ofagree-ingonlegislationtocoverthesixmonths left in the current fiscalyear, and there was noindicationReid would allow a vote on it.For all the brinksmanship,there was agreement that a shut-down posed risks to an economystillrecoveringfromtheworstre-cession in decades.The political fallout was lesspredictable, especially with con-trol of government divided anddozens of new tea party-backedRepublicans part of a new GOPmajority in the House. Twin gov-ernment shutdowns in themid-1990s damaged Republi-cans, then new to power in Con-gress, and helped President BillClinton win re-election in 1996.In a shift in position, Obamasaid he would sign a short-termmeasure keeping the govern-ment running even without anagreement to give negotiationsmore time to succeed.That was one of the optionsavailable to Reid, althoughBoehner said he was confidentDemocratic lawmakers wouldpersuade “Reid and our com-mander in chief to keep the gov-ernmentfromshuttingdown”bysigning the House-passed bill.At the White House, a seniorbudget official said the impact of ashutdown“willbeimmediatelyfelt on the economy.”It also would be felt unevenly,said Jeff Zients, deputy directorof the Office of Management andBudget. Military troops wouldnot receive their full paychecks,but Social Security recipientswould still get monthly benefits,he said.“National parks, national for-estsandtheSmithsonianInstitu-tion would all be closed. TheNIHClinicalCenterwillnottakenewpatients,andnonewclinicaltrials will start,” he added in aroll call of expected agency clos-ings.But the air traffic control sys-tem would stay up and running,the emergency managementagency would still respond tonatural disasters and border se-curity would not be affected.There was no indication Reidplanned to bring the House-passedstopgapbilltoavote,andhe accused Republicans of block-ing a deal by demanding anti-abortion provisions and a block-ade on Environmental Protec-tion Agency regulations ongreenhouse gas and other pollu-tants.
SPENDING
1A
Facing a midnight deadline to-day to avert a government shut-down, Congress and PresidentBarack Obama were attempting to reach an agreement while un-certaintyreachedallareasofgov-ernmentoperations.U.S. Sen. Bob Casey, D-Scran-ton,saidbothsidesneedtocometogether on a compromise toavoidagovernmentshutdown.“Spending must be cut, but ashutdownthatcouldhurttheeco-nomic recovery must be avoid-ed,Caseysaid.LarrySmar,spokesmanforthesenator, said the operation of Casey’sofficeswillbeaffectedbyashutdown.U.S. Reps. Lou Barletta, R-Ha-zleton, and Tom Marino, R-Ly-comingTownship,eachsaidtheywere working hard to avoid ashutdown.Justthisafternoon,Ivotedfora measure that would not onlykeep paying our troops throughtheendofthefiscalyear,butalsokeepthegovernmentopenforan-otherweek,”Barlettasaid.Barletta spokesman ShawnKelly said Barletta’s office in Ha-zletonwillremainopen.Renita Fennick, spokeswomanfor Marino, said a contingencyplanforstaffingisbeingprepared.“Mymainconcernrightnowisto make sure that our men andwomenservinginthemilitary,athome and abroad, will receivetheirpaychecks,”Marinosaid.Inthe event of a shutdown, someagenciesandserviceslocallymaybeaffected:
Social Security Administra- tion:
Benefits are paid from theprogram’s trust fund and are notsubject to appropriation by Con-gress.ObamaandleadingDemocratshavewarnedthat Social Securityrecipients might not get theirchecksintheeventofashutdown,butduringthelastmajorgovern-ment shutdown in 1995, thatdidn’thappen.The American Federation of Government Employees, the So-cial Security workers union, haswarned that the1,500 employeesoftheSSA’sWilkes-BarreProcess-ing Center in Plains Townshipwillbetemporarilyfurloughedintheeventofashutdown,creating work backlogs and slowing theclaimsprocess.
Internal Revenue Service:
Thetax filing deadline will still beApril 18. The IRS would not beable to process paper-filed tax re-turns,butthosefiledelectronical-lywillstillbeprocessedandmon-ey owed to the government willstillbecollected.TheU.S.TreasuryDepartmentaddedthatlimitedtelephonecus-tomer-service functions will re-main available, but IRS walk-intaxpayer assistance services willnotbeavailable.Atreasurydepartmentspokes-woman said she could not com-ment on whether the Wilkes-Barre office would remain openduringashutdown.
U.S.PostalService:
Allpostof-ficeswillremainopen.Thepostalserviceisself-funded.
Veteran’s Affairs health servic- es:
Hospitals and clinics, includ-ingthelocalDepartmentofVeter-ansAffairsMedicalCenterandar-ea VA clinics, will remain openandwillnotbeaffectedbyashut-down.TheVAhasreceivedafull-year appropriation to operate itshealth care system through theendof2011.
Tobyhanna Army Depot:
Thedepotdoesnotanticipateanydis-ruptioninoperation.
Shutdown’s impact could vary locally
By BILL O’BOYLE 
boboyle@timesleader.com
MATT HUGHES 
mhughes@timesleader.com
WEST PITTSTON
Awoman who police allegeendangered a child whilehallucinating on bath saltswaived her right to a prelimi-nary hearing before DistrictJudge Joseph Carmody onWednesday.Amber Sutton, 26, of Lu-zerne Avenue, waived chargesof child endangerment, dis-orderly conduct and criminalmischief to Luzerne CountyCourt.West Pittston police allegeSutton and her boyfriend,Robert V. Hospodar, 29, werehallucinating on bath saltswhen they believed 90 peoplewere living in their walls onMarch 19.They used knives to stabthe walls and endangered achild in the process, accord-ing to the criminal com-plaints.Hospodar previously waivedhis right to a preliminaryhearing, sending charges of child endangerment and dis-orderly conduct to countycourt.
WILKES-BARRE
– A Lu-zerne County senior judgefiled an order Thursday delay-ing a homicide suspect’s trialanother week.Senior Judge Joseph Augel-lo said the trial for Elvis Ric-cardi, 33, will be held June 13beginning with jury selectionrather than the original dateof June 7.The move was made at therequest of prosecutors in thecase.Riccardi and Michael Si-monson, 33, allegedly killedDonald Skiff, 34, of Plymouth,on April 27, 2009. Skiff’s bodywas found with the help of Simonson in a wooded areaoff Suscon Road, JenkinsTownship, on June 4, 2009.Investigators alleged Riccar-di and Simonson kidnappedSkiff in Shickshinny.Simonson pleaded guilty tosecond-degree murder andwas sentenced to life in pris-on in August.
COURT BRIEFS
DALLAS TWP. – The DallasSchoolBoardapprovedquotestopurchasenewequipment,includ-ing furniture for classrooms andthe cafeteria, at a work sessionmeeting Wednesday evening.The new materials will be pur-chased from Virco Manufactur-ing Corp. via a federal coopera-tive purchasing program. Busi-ness Manager Grant Palfey saidthe federal program offered bet-terpricesfortheequipmentthanthe state cooperative purchasing program.Palfey said the board had bud-geted $733,700 for new purchas-es, and materials were decidedupon through committee meet-ings that included high schoolpersonnel.Superintendent Frank Galickisaid the committee includedboard members as well, andthrough discussions about theneed for new equipment andwhether old furniture can beused, the district saved about$250,000.The cafeteria will be furnishedwith new tables and chairs for aprice of $68,178, which will bepaid through the cafeteria fund.Classroomfurniture,including stateflags,desksforteachersandstudents, filing cabinets, storageunits, lights, bookcases, pencilsharpeners, lecterns and otherfurnishings, will cost $522,409,which will be purchased throughthe capital projects fund.CraigZimmerman,ofCrabtreeRohrbaugh and Associates, toldthe board the high school con-struction project is about two tothree weeks behind, but the gen-eral contractor, Lobar Inc. Con-struction Services, has beenmadeawareofthedelayedsched-ule.He also presented the boardwith four change orders totaling $16,112,whichwillbevotedonatthe board’s next meeting.In other business, the boardwas presented with a dramaticduo performance by the highschool forensics team. JuniorsSarahPomfretandAngelinaHoi-dra performed a 10-minute piecefrom the musical “Gypsy.”Team coach and senior highschoolteacherCandyceFikesaidshe wanted an opportunity toshow the board “what they’repayingfor”intermsofthecaliberof students in the program.Middle School Assistant Prin-cipalMattBarrettalsogaveapre-sentation about efforts to coun-teract bullying. Several new pro-gramswereputinplacethisyear,includingapresentationfromLu-zerne County District AttorneyJackie Carroll Musto.
Dallas board OKs quotes for new equipment
Furniture for classrooms andcafeteria included inpurchases. Savings cited.
By SARAH HITE 
shite@timesleader.com
The next Dallas School Boardmeeting will be held at 7 p.m.Monday in the administrationbuilding.
W H AT ’S N E XT
WILKES-BARRE – A Hanov-erTownshipwomanwhoadmit-ted to her role in a cocaine andheroindistributionringthatnet-ted 21 other suspects was sen-tencedWednesdaytotwotofouryearsinprison.Ashley Lidy, 23, of KeithStreet, was sentenced on threerelated charges, including cor-rupt organizations, by LuzerneCounty Senior Judge HughMundy.Lidy pleaded guilty to thechargesinJanuary,andrequest-ed Wednesday that she be per-mitted to serve her sentence attheLuzerneCountyCorrection-al Facility until she is recoveredfromarecentsurgery.Mundy granted the request,and said that after Lidy is re-leased from care by her doctor,shemustbetransferredtoastatecorrectional institution to com-pletehersentence.Lidy and her co-defendantswerechargedinSeptemberafterthe Attorney General’s Drug Task Force suspected the ring was putting about 250 grams of cocaineand1,500bagsofheroinon the street per week for morethansixmonths.Investigatorschargedthesus-pectsinastingcalled“OperationLast Hurrah” after an investiga-tioninthePittstonarea.Fourteen of Lidy’s co-defend-ants,includingallegedringlead-erLenny“RahRah”Clements,of the Bronx, N.Y., are currentlyawaitingtrialinLuzerneCountyCourt.Diane Yakabovicz, of Wilkes-Barre; Lisa Rosiak, of Pittston;and Darleen Coffee, of Pittston,have pleaded guilty to relatedcharges and are awaiting sen-tencing.Michael Weber, of WestWyoming, is scheduled to enteraguiltypleatorelatedchargesinMay.Three others, William Me-serve,ofBlakely,PatriciaOster-weil,ofEdwardsvilleandJamesCorrigan, of Plymouth, had allpreviously pleaded guilty to re-lated charges and were sen-tencedinFebruaryandJulyto11½to23monthsincountyprison.
Woman gets 2 to 4 years forher role in drug distribution
By SHEENA DELAZIO
sdelazio@timesleader.com
WILKES-BARRE -- Three of themostsuccessfulcountry-rockbands of the 1970s got togetherfor a memorable evening at theF.M. Kirby Center for the Per-forming Arts on Thursday.Acoustic instruments and glo-rious harmonies filled the thea-ter as Poco, Pure Prairie Leagueand Firefall teamed up for morethan three hours of memoriesand music.Firefall, still featuring originalmember Jock Bartley, began theshow with a stripped-down 40-minute set. Before kicking off with the group’s first single, “Li-vin’ Ain’t Livin’,” Bartley prom-ised that even though the bandwas just a trio for the evening, itwould still rock the crowd.Bartley, guitarist Steven Wein-meister and bassist Bill Hopkinsdid not disappoint as they ranthrough crowd-pleasing rendi-tions of “Just Remember I LoveYou,” “You Are The Woman” and“Strange Way.”Firefall then finished up with ablistering version of “Mexico,”featuring some fine electric fret-work from Bartley and someequally fine acoustic playing byWeinmeister.Pure Prairie League followedwith a 50-minute set highlightedby its hits “Let Me Love You To-night,”“TwoLaneHighway”andagreatmedleyofMerleHaggard-related songs.The five-piece band featuredfour singers and some great ped-al steel playing by longtimemember John David Call.PPL’s set was capped with anoutstanding version of its mostmemorable set of tunes, “Falling In and Out of Love” and “Amie,”just as they ran together on thegroup’s second album, 1972’s“BustinOut.”But the evening belonged toRustyYoungandPoco,whotookthe stage at about 9:20 andcapped the evening with a splen-did set, starting off with “Call ItLove” from 1989’s “Legacy” al-bum.Early highlights for Poco in-cluded “Rose of Cimarron” andsome remarkable three-part har-monyon“KeepOnTrying,”writ-tenbyformerbandmemberTim-othy B. Schmidt (now of the Ea-gles).The group really hit its strideon a pair of songs from 1979’s“Legend” album as the quartetplayed great versions of “CrazyLove” and “Heart of the Night.”ThemembersofPocoYoung,Jack Sundrud, George Lawrenceand Mike Webb – showed off their instrumental chops on“PickinUp The Piecesbeforeheading down the homestretch.The attendance figure forThursday’s show was not availa-bleatpresstime–itlookedlikeadecent-sizedcrowdbutfarfromasellout.TherearetwomorePennsylva-niashowsonthescheduleforthebands: Pure Prairie League andFirefall will be in Carlisle to-night;allthreewillbeinWilliam-sportSaturday.ThenextconcertattheKirbyCenterisSullyErna,the lead singer of Godsmack inan acoustic performance on May14.
Firefall, Pure Prairie League, Poco play memories
AIMEE DILGER/THE TIMES LEADER
FirefallopenstheeveningThursdayattheF.M.KirbyCenter.PurePrairieLeagueandthenPocofollowed.
 
R E V I E W
By BRAD PATTON
Times Leader Correspondent
 
C M Y K
THE TIMES LEADER www.timesleader.com FRIDAY, APRIL 8, 2011 PAGE 3A
L
OCAL
timesleader.com
HARRISBURG
Shale committees to meet
Subcommittees of the newly formedGovernor’s Marcellus Shale AdvisoryCommission will meet for the first timenext week.The commission is charged to studyall aspects of Marcellus Shale drilling in the commonwealth and to presentGov. Tom Corbett with a report andrecommendations infour months’ time. Itis composed of keystate departmentheads, oil and gasindustry representa-tives, environmentalgroup leaders andlocal governmentrepresentatives, and ischaired by Lt. Gov. Jim Cawley.The Infrastructure Work Group willmeet Monday; the Public Health, Safe-ty and Environmental Protection WorkGroup will meet Tuesday; the LocalImpact and Emergency Response WorkGroup will meet on Wednesday and theEconomic and Workforce DevelopmentWork Group will meet on Thursday.Each meeting will start at10 a.m. inRoom105 of the Rachel Carson Build-ing and is open to the public.
-- Matt Hughes
TUNKHANNOCK
Candidates event May 4
Eight candidates seeking nomina-tions in the May17 primaries to run forthe three Wyoming County commis-sioner seats have been invited to a“Meet the Candidates Night” on May 4.The event will be at ShadowbrookResort at 6:30 p.m. Candidates willhave up to one minute to make open-ing remarks about why they want to becommissioner, and then they will re-spond to questions submitted by thosein attendance.The five Republicans vying for theoffice are incumbent Judy Kraft Meadand challengers Michael Distadio, TomHenry, Connie Kintner and SandraRitz. The three Democrats seeking theposition are incumbent Stark Bartron,and challengers Richard Dixon andRon Williams. Incumbent Tony Litwinhas decided not to see re-election.For more information, contact theWyoming County Chamber at 836-7755.
SCRANTON
Jurist opposes inmates’ suit
A federal magistrate judge has rec-ommended dismissal of a lawsuit filedby four black men who allege minor-ities were excluded from the juries thatheard their criminal cases.U.S. District Magist-rate Judge AndrewSmyser said the feder-al lawsuit filed byHenry Stubbs, LarryTooley, Kevin King and Larry Woodsonshould be dismissedbecause it fails to statea valid cause of action.The four men filed suit in Marchagainst the Luzerne County DistrictAttorney’s Office, Public Defender’sOffice and various Wilkes-Barre cityofficials. The suit, which the menwrote and filed themselves, alleged thedefendants conspired to keep blackpeople and other minorities off thejuries that heard their cases.Stubbs and Tooley were convicted of first-degree murder; King was convict-ed of a non-fatal shooting and Woodsonwas convicted of drug charges.Smyser recommended the suit bedismissed based on a prior appellatecourt ruling that said a defendant canonly seek to recover damages for anunconstitutional conviction if he or shecan show that the conviction has beenoverturned. A federal judge will reviewthe recommendation and make a finaldetermination on the suits.
-- Terrie Morgan-Besecker 
WILKES-BARRE
NAACP candidate forum set
The Wilkes-Barre NAACP will host aMeet-The-Candidates Forum at MountZion Baptist Church,105 Hill St.,11a.m. to12:30 p.m. April16.Candidates for Wilkes-Barre major,Wilkes-Barre City Council and Wilkes-Barre Area School Board will introducethemselves and answer questions fromthe public.All candidates are welcome to attendand answer questions, but only thosewho RSVP will be given a formalspeaking opportunity. RSVP by calling 262-1360 by April14.
I N B R I E F
CorbettStubbs
been delayed for years while attorneysappealed Muroski’s rulings and await-ed decisions.The most recent was last monthwhen the state Supreme Court de-clined to hear Selenski’s appeal of a rul-ing regarding the admissibility of testi-mony of Michael Kerkowski Sr.Muroski previously ruled that a tran-script of testimony given by the elderKerkowski could be admitted into evi-dence at the trial.The elder Kerkowski had testified atSelenski’s preliminary hearing and wasscheduled to testify at the trial, but hedied in September 2006.The judge also ruled late last weekthat prosecutors are prohibited fromusing a recorded telephone conversa-tion Selenski allegedly had with Mi-chael Kerkowski Sr.Selenski’s attorneys, John Pike, Rob-ert Buttner and David Lampman,asked that they be permitted to speakwith their client since he was trans-portedtoLuzerne CountyonThursdayand that he remain at a Luzerne Coun-ty state prison to discuss aspects of hisWILKES-BARRE Nearly eightyears after the bodies of Michael Ker-kowski and Tammy Fassett were un-earthed from a Kingston Townshipproperty, their alleged killer is sched-uled to stand trial.Luzerne County Senior Judge Ches-ter Muroski sched-uled a tentativedate for Hugo Se-lenski to be triedbefore a jury of hispeers on June 27beginning with juryselection.Selenski, 37, faces the death penalty.In a brief hearing at which Selenskiappeared Thursday, Muroski also saidprosecutors have until July 8 to bring Selenski to trial. Attorneys also haveuntil June 16 to file any motions or re-quests in the case.Attorneys are not permitted to com-ment on the case because of a long-standing gag order.Prosecutors say Kerkowski and Fas-sett’s bodies were unearthed in June2003 at the house Selenski shared withhis girlfriend on Mount Olivet Road inKingston Township. Investigators saythe couple were killed in 2002.Selenski’s trial on the charges hascase.Muroski said he would allow the at-torneys time to have access to Selenskicloser to Luzerne County, but he mustbe returned to SCI-Forest in Marien-ville,whereheishoused,untilthetrial.
D O U B L E H O M I C I D E C AS E
Local man is accused of killing Michael Kerkowski and Tammy Fassett in 2002
Selenski trial set for June 27
June5,2003:
Two bodies are unearthedat a Kingston Township property whereHugo Selenski lives. Selenski is arrestedon robbery and assault charges stem-ming from a 2002 robbery. Several dayslater, the bodies are identified as MichaelKerkowski and Tammy Fassett.
Sept.17,2003:
Police identify additionalremains as drug dealers Frank James andAdeiye Keiler. An informant claims Selen-ski killed both men in May.
Oct.6,2003:
Selenski is charged in thedeaths of James and Keiler.
Oct.10,2003:
Selenski escapes from theLuzerne County Correctional Facility byclimbing down bed sheets and using amattress to climb over a razor-wire fence.He surrenders three days later.
March15,2006
: Selenski found notguilty of killing Keiler and James, butconvicted of abuse of corpse.
May19,2006:
Selenski and Paul Weak-ley are charged with killing Kerkowskiand Fassett in May 2002.
Jan.25,2008:
Weakley pleads guilty.He is serving a life sentence.
July10,2009:
Selenski convicted ofassault and robbery of Chestnut HillTownship jeweler in Monroe CountyCourt. He is later sentenced to a maxi-mum of 65 years in state prison.
April7,2011:
After several scheduledtrials are delayed, a Luzerne Countysenior judge sets another tentative trialdate of June 27 after all appeals areheard and higher court decisions arehanded down.
T I M E L I N E
BySHEENADELAZIO
sdelazio@timesleader.com
 
First reported at
9:13a.m.
timesleader.com
CLRAK VAN ORDEN/THE TIMES LEADER
HugoSelenskiarrivesThursdayattheLuzerneCountyCourthousewhereajudgescheduledhimforaJunetrialonhomicidecharges.
SWOYERSVILLE – Defense attorneyDemetrius Fannick detected a weak-ness.A prosecution witness, YvonneAdamski, testified Thursday she heardher sister, homicide suspect KathleenJordan, 48, say she wanted an attorneyand a phone call late at night on March7. Jordan was handcuffed and chainedto a bench insidethe Kingston Po-lice Departmentwhen Adamski al-legedly heard hersister’s pleas.Jordan would lat-er admit, investiga-tors testified, shekilled her boy-friend, Milo Vincent Reilly, 45, insidetheir residence at 9 Valley View Drive,Pringle.Investigators violated Jordan’s rightto remain silent by questioning her af-ter ignoring her plea for an attorneyand a phone call, Fannick suggestedduring a preliminary hearing held be-fore District Judge David Barilla inSwoyersville.Police Detective Thomas Paratoreand Luzerne County Detective Lt. Dan
Woman saidshe killedboyfriend,police claim
Defense attorney says suspect’srights violated; district judge sendscase to Luzerne County Court.
ByEDWARDLEWI
elewis@timesleader.com
CLARK VAN ORDEN/THE TIMES LEADER
KathleenJordanafterherpreliminaryhearingonahomicidecharge.
SeeWOMAN,Page5A
First reported at
1:10p.m.
timesleader.com
To see video, go to
timesleader.com
WILKES-BARRETheRepeatBou-tique, a resale shop operated by volun-teers at Geisinger South Wilkes-Barre,celebrated its one-year anniversaryThursday by holding a 50 percent off sale.Proceeds will benefit GeisingerNortheast Auxiliary projects.The boutique, located at 25 ChurchSt.,resellsbooks,knickknacks,candlesandclothing,includingeveninggownsand children’s clothes. Donated itemscome from employees of the hospitaland people in the community.Last year, Crestwood High Schooldonated several prom gowns.The boutique has 12 regular volun-teers and has raised $18,000 to date.Most patrons are patients, patientsfamilies and hospital employees. Butslowly, word is getting out to others.“I believe we’re getting more of thecommunity in now that they knowwe’re here,” said boutique co-managerRenee Aquilina. “We want to increaseawareness of our presence.”Proceedshavebenefitedseveralaux-iliary projects. They have partiallyfunded a new employee gym at Geis-ingerMedicalCenter,aspiritualcenterat Geisinger Wyoming Valley, a childadvocacycenteronChurchStreet,anda book fair that raised $500 a day atGeisinger South Wilkes-Barre.Currently, most boutique funds arepartially financing the building of aneonatal intensive care unit at Geisin-gerWyomingValley,accordingtopub-lic relations representative Matthew
REPEAT BOUTIQUE’S ONE-YEAR ANNIVERSARY
AIMEE DILGER/THE TIMES LEADER
MaureenRodgersandCindyHoltonlookthroughsomeoftheclothesmarkeddown50percentThursdayforthefirstanniversaryoftheRepeatBoutiqueintheGeisingerSouthWilkes-Barre.
Racking up sales
Shop helps Geisinger auxiliary projects
Address:
25 Church St., Wilkes-Barre
Numberofvolunteers:
12
Moneyraisedtodate:
$18,000
Hours:
Mondays10 a.m. to 2 p.m., Tues-days & Thursdays10 a.m. to 4 p.m.
A B O U T T H E STO R E
ByDAWNDRUMIN
Times Leader Correspondent
SeeBOUTIQUE,Page5A
SCRANTON – Attorneys for Pitt-ston city have asked a federal judgeto reconsider his ruling that de-clared the city had violated theconstitutional rights of a towing contractor whose contract was ter-minated.Attorney Mark Bufalino con-tends U.S. District Judge A. Ri-chard Caputo made a legal errorwhen he ruled in favor of Leo A.Glodzik III, the owner of L.A.G.Transport.Glodzik filed suit against the cityand several council members inFebruary 2009, alleging his right todue process was violated whencouncil voted in 2007 to terminatehis contract to tow vehicles.The city maintained the actionwas taken because it had receivednumerous complaints regarding the service Glodzik provided.Glodzik disputed that allegation.His suit sought damages for breachof contract, as well as violations of his Fourteenth Amendment rightto due process because he was notgiven proper notice before coun-cil’s action.In a ruling issued in March, Ca-puto agreed with Glodzik that his
Pittston wants ruling for L.A.G. reconsidered
Judge recently ruled in favor oftower who claimed terminationviolated due process rights.
ByTERRIEMORGAN-BESECKER 
tmorgan@timesleader.com
SeeRULING,Page5A

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