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Times Leader 11-03-2011

Times Leader 11-03-2011

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Published by The Times Leader
The Wilkes-Barre Times Leader 11-03
The Wilkes-Barre Times Leader 11-03

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UPFORSALE
Maybe a “For Sale” signshould be erected outsideDodger Stadium.Team, ballpark, land andtelevision rights available.Price: $1billion and up.The process offinding a newowner for theLos An-gelesDodgersbeganearlyWednesday when currentboss Frank McCourt andMajor League Baseballreleased a joint state-ment saying they hadagreed to a court-super-vised sale of the once-glamorous and now bank-rupt franchise.
Sports,1B
SPORTSSHOWCASE
NHL
FLYERS3BUFFALO2MAPLE LEAFS5DEVILS3
NCAA FOOTBALL
OHIO35TEMPLE31
        7        2        1        7        6        2
 
$
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C M Y K
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09815 10011
WILKES-BARRE, PA THURSDAY, NOVEMBER 3, 2011 50¢
timesleader.com
T
he
T
imes
L
eader
Classical, modern hatskeeping heads covered
LIFE,1C
They’re justmad about hats
Man charged with taintingco-workers’ yogurt with semen
NEWS, 3A
Lawyer: Nological reason
 Wildlife Conservation Offi-cer Jerry Kapral is so familiar with the black bear thatmeandered through Edwards- ville on Tuesday that he cantell you exactly where it washeaded.“It was trying to get backacross the river to Nanticoke,”Kapral said.How does he know?Kapral has trapped and relo-cated the bear, which istagged, three times since2004. Back then the malebruin weighed 300 pounds. When Kapral last trapped it inOctober by the K.M. SmithElementary School in Shea-town, it weighed more than600 pounds, he said.In October Kapral relocated
Nanticoke’s the place,according to this bear
AIMEE DILGER/THE TIMES LEADER
ThisbearwasspottedinEdwardsvilleTuesdaymorning,bringingoutpolice,fireandstategamecommissionofficers.
SeeBEAR,Page12A
ByTOMVENESKY 
tvenesky@timesleader.com
INSIDE
ANEWS:
Local 3ANation & World 4AObituaries 8AEditorial10A
BSPORTS:
Scoreboard 2BBusiness 7B
CLIFE:
Birthdays 3CMovies/TV 4CCrossword 5CFunnies 6C
DCLASSIFIED
 WEATHER
LydiaMellnerMostlysunny.High57.Low38.
Details, Page 8B
 WILKES-BARRE–Anautopsyperformed on the body of OthaDerrick Green Jr., who died sev-en days after being shot severaltimes by police, showed he diedfroma blood clot in the lung, Lu-zerneCountyChiefDeputyCoro-ner William Lisman said Thurs-day.Lisman said the official causeof death was apulmonary em-bolism, whichhe explained isacommoncom-plicationafterasurgical proce-dure.Forensic pa-thologistDr.MaryPascucci,whoperformedtheautopsyatWilkes-BarreGeneralHospital,ruledthemanner of death a homicide.Lisman said the death wasruled a homicide because Green would not have suffered the em-bolismhadhenotundergonesur-gery for the gunshot wounds in-flicted by police. While undergoing treatmentfor the gunshot wounds at Geis-inger Wyoming Valley MedicalCenter,PlainsTownship,he“wasrefusing to take his medication,”said Luzerne County District At-torneyJacquelineMustoCarroll.She ruled the death a justifia-ble homicide, based on her re- view of the circumstances sur-rounding the initial shooting.“Thefactsoftheshootingitself didnotchange.Whatoccurredatthescenewasjustified.Thehom-icide is now justified,” she said.Green, 29, underwent surgeryat Geisinger Wyoming Valley onOct. 26, a day after he was shotseventimesbytwocitypoliceof-ficers and a deputy sheriff at Ge-orgeAvenueandNorthWashing-ton Street. The shooting tookplace near a child care facility, a TurkeyHill,InterMetroIndustri-es and the Hollenback City Golf Course.He was discharged Tuesday
SHOOTING INCIDENT
D.A rules Otha D. Green’s killing was justifiable homicide by police
Coroner: Clot killed man cops shot
ByEDWARDLEWIS 
elewis@timesleader.com
Green
SeeCLOT,Page12A
HOOP DREAMS?
AIMEE DILGER/THE TIMES LEADER
 A 
utumn’s col-ors shonebrightly Tuesdayafternoon inKirby Park inWilkes-Barrewhere JenniferHill exercisedwith hula hoops.The weekendsnow had melt-ed, bringing Hilloutdoors forsunshine andfresh air. WNEP’sKurt Aaron saysto expect mostlysunny skies to-day. After somecloudiness to-night, skies willclear Friday andremain that wayinto Sunday. Fora completeweather fore-cast, see
Page8B.
Less than two weeks remain forarea flood victims to apply for feder-al disaster aid, but those with floodinsurance have been given an exten-sion for filing claims with insurancecompanies.Dolores D. Glass, communicationsmanager for Fidelity National In-demnity Co., the nation’s largest pro- vider of flood insurance policies,said policyholders who have lossesfrom Tropical Storm Lee flooding have a 60-day extension to file aproof of loss.A proof of loss is the policy hold-er’s valuation of the damages and isa sworn statement made by the pol-icyholder substantiating the claim. The insurance company usually pro-
Flood insuranceclaim deadlinemoves to Jan. 7
The deadline for filing claims fordamage by Hurricane Irene also isextended, to Nov. 24.
BySTEVEMOCARSKY 
 smocarsky@timesleader.com
SeeDEADLINE,Page7A
HARRISBURG – State Sen. JohnBlake said the redistricting planproposed by the Legislative Reap-portionment Commission Monday“is a statewide power grab that of-fends the sensibilities of a signifi-cant portion of the Pennsylvaniaelectorate.”Blake, D-Archbald, LackawannaCounty,representsthe22ndSenato-rialDistrict.HesaidWednesdaythathe didn’t expect a dramatic changeinhisdistrict,buthenolongerrepre-sentspartsofMonroeCountyandhehaspickedupmostmunicipalitiesinthe Wyoming Area School District –towns that had been represented bySen. John Yudichak, D-Plymouth Township.“I’m somewhat surprised by thereapportionment plan due to the
Dems fuming over redistricting
ByBILLO’BOYLE 
boboyle@timesleader.com
INSIDE:
Public will get say,
Page2A
Blake
SeeDISTRICTS,Page2A
 
K
PAGE 2A THURSDAY, NOVEMBER 3, 2011 THE TIMES LEADER www.timesleader.com
Baer,GloriaBurke,UrsulaBurns,RubyCook,MaryFisher,ThomasGoreyBenjaminLoftus,ThomasMarcin,JosephPolifko,JeanWeaver,Kenneth
OBITUARIES
Page 8A
AHEADLINEIN
Wednesday’sTimes Leader on Page 9Aabout Mitch Ryder’s concertFriday at the F.M. Kirby Centerrequires clarification. TheKirby Center was previouslynamed the Paramount. Ryd-er’s1972 show was scheduledfor the Comerford, anothertheater on Public Square.
APHOTOTHAT
appearedwith a Corporate Ladderannouncement in Sunday’sbusiness section regardingnew appointments to theCampus Advisory Board atMisericordia University wasnot that of Richard Williams.
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 – No playermatched all five winningnumbers drawn in Wednes-day’s “Pennsylvania Cash 5”game so the jackpot will beworth $225,000.Lottery officials said 72players matched four num-bers and won $219 each and2,572 players matched threenumbers and won $10 each.
LOTTERY
MIDDAYDRAWING
DAILY NUMBER
3-3-0
BIG FOUR
8-0-0-5
QUINTO
8-0-5-5-8
TREASURE HUNT
02-13-17-18-24NIGHTLYDRAWING
DAILY NUMBER
8-7-4
BIG FOUR
8-2-1-9
QUINTO
5-2-3-6-7
CASH FIVE
06-13-24-25-31
POWERBALL
12-14-34-39-46
POWERBALL
36
POWER PLAY
4
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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:Impressions Media15 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. 2011-307
 
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marginal population change that oc-curred in the district over the past 10 years,” Blake said. “As a member of theSenate Democratic Caucus, I take greatexception to the implications and mo-tivesoftheRepublicanapproveddraftre-districting plan as it raises serious Con-stitutional and voting rights questions.”Gov.TomCorbett,intheHazletonarea Wednesday, said redistricting has beengoing on for decades and the politicalparty in the minority is always upset when realignment is proposed.“Honestly, I haven’t even had time tolookatthemaps,”Corbettsaid.“Butreal-ly,whenhasn’tredistrictingreceivedcrit-icism from the other side?”In the 14th Senatorial District, Yudi-chak will lose the boroughs of Luzerne,Swoyersville,Exeter,WestPittston,West Wyoming, the city of Pittston, Jeddo andFreeland boroughs and Foster Township. The district would also lose Pocono and TobyhannatownshipsinMonroeCounty.InCarbonCountythedistrictwouldshedMahoning Township. The 14th District would add Heidel-berg, Lynn and Washington townshipsand Slatington borough in Lehigh Coun-ty; Allen, East Allen, and Lehigh town-shipsandBathandWalnutportboroughsin Northampton County; and in CarbonCounty Parryville and Bowmanstownboroughs,andthetownshipsofPennFor-est, Towamensing, Lower Towamensing and Franklin.Yudichak said it is his hope that the fi-nal redistricting plan will not split Lu-zerne County among multiple senatorialdistricts as proposed in the preliminaryplan.“Luzerne County needs to be made as wholeaspossiblewhenitcomestorepre-sentation in the Senate,” Yudichak said.“I will continue working with my Senatecolleagues to see what action can be tak-en before a final plan is adopted.”Sen. Lisa Baker, R-Lehman Township,notedthatMonroeCountywillnowbeitsown district, something the residentsthere fought for over the years.“I am pleased that the 20th SenatorialDistrict remains largely intact,Bakersaid. “While it is disappointing to nolonger represent people with whom Ihave a good working relationship, chang-es are necessary to bring the populationinlinewithConstitutionalrequirements. The people of Monroe County havepushed long and hard to be representedthroughasinglesenatedistrict,sothatisa positive aspect of the new plan.”Inthe20thDistrict,Bakerwillnolong-er represent Price and Middle Smithfieldtownships in Monroe County; Fair-mount, Huntington, Nescopeck and Sa-lem townships and Nescopeck and NewColumbus boroughs in Luzerne County;and will add Foster Township and Free-land and Jeddo boroughs in LuzerneCounty.
DISTRICTS
ContinuedfromPage1A
Residents who disagree withthe preliminary plans to changelegislative district boundaries will have a chance to be heard.On Nov.18, at noon, the Legis-lative Reapportionment Com-mission will meet in Hearing Room1oftheNorthOfficeBuild-ing in Harrisburg to hear publiccomment on the proposed stateSenate and House district mapsthe commission approved onMonday by a 3-2 vote.Spurred by new census data,the state must carry out the con-stitutional mandate of one per-son, one vote by ensuring eachdistrict is equally represented inHarrisburg. In the House, eachdistrict will represent approxi-mately 62,253 constituents; inthe Senate, it’s 254,048. This means some areas wherepopulation has grown the pastdecade, such as the Poconos andLancasterareas,willseechangesand so too will those areas in thestate, such as Philadelphia andthe western half, that have seenpopulation dips. Theimpactofredistrictingwillbefeltlocallyasthecommission’sproposal calls for numerous mu-nicipalities – and in some cases,portions of them – to be part of anew legislative district.For example, Hazleton, Hazle TownshipandWestHazletonarecurrentlypartofthe116thHouseDistrict, represented by Tarah Toohil, R-Butler Township.But under the proposed mapthe commission has preliminari-ly adopted, West Hazleton andpartofHazleTownshipwouldbemoved into the 119th District,now represented by Gerry Mul-lery, D-Newport Township. ThechangesalsocallforPlainsandPittstontownshipstobesplitbetween districts. CurrentlyPlains is represented solely byEddie Day Pashinski, D-Wilkes-Barre and Pittston Township isrepresented by Mike Carroll, D-Avoca. The commission will hold apublichearingtolistentowhatitcalls “exceptions” to the propos-al. Anyone wishing to testifymustsubmitinwritingthenameof the individual or group thespeaker represents, a signature,mailingaddress,anddaytimetel-ephone number and email ad-dress if the speaker has one.“It’s going to last a long time,”saidCharlesE.O’Connor,Jr.,thecommission’s executive director.“It’s not going to be a 15-minutehearing.” Those who wish to be heardmust contact the commission.ButthosewhocannotmakeittoHarrisburg can send their state-menttothecommission,specify-ing that they will not attend thehearingbutwouldliketheircom-ments entered into the record.Comments can be sent throughNov.30forthosewhodonotwishto testify at the Nov.18 hearing.
Public may comment on redistricting plan
A proposal for realigninglegislative boundaries will bethe subject of a hearing.
ByANDREWM.SEDER 
 aseder@timesleader.com
HANOVER TWP.
– Policearrested James Tindol, 28, of Harveys Lake, at his home inthe Bresleau section of thetownship Tuesday on chargesrelated to an Oct. 22 burglary. Tindol was charged withcriminal conspiracy to commitburglary, criminal conspiracyto commit theft by unlawfultaking, receiving stolen proper-ty, theft by deception, accessdevice fraud and identity theft.He was arraigned Tuesdaybefore District Judge James Tupper, Kingston Township,and is being held at LuzerneCounty Correctional Facilityfor lack of $5000 straight bail.
HAZLE TWP.
– Arthur Wes-ley Schade of Hazle Townshipsaid someone spray-painted histrailer while it was parked atthe rear of the Hazle TownshipMunicipal Building and Fair- way Motors sometime between7 a.m. and 6:05 p.m. Tuesday.
BLACK CREEK TWP.
David Yost said someonesmashed his mailbox on RockGlen Road with an unknownobject Sunday.
WILKES-BARRE
– Citypolice reported the following:• Police said Robert Gribble,42, address unknown, will becited with retail theft after heallegedly left Boscov’s Depart-ment Store, South Main Street, without paying for jewelry onOct. 26.• Police said Amanda De- witt, 31, of Edwardsville, willbe cited with retail theft aftershe allegedly left Boscov’sDepartment Store, South MainStreet, without paying forclothes on Oct. 28.• Police said an unknownmale failed to pay for items atDollar General, South MainStreet, on Oct. 21.• Janelle Skipalis, of Hanov-er Township, reported twopurses were removed from her vehicle at South Washingtonand East Northampton streetson Oct. 21.• Kevin Ryan, of Kingston,reported on Oct. 22 that 12radiators were stolen during aburglary at 31 Poplar St.
WILKES-BARRE
– A man was arraigned Wednesday in Wilkes-Barre Central Court oncharges he assaulted anotherman at a party.Eric Scott Jones, 33, of North Washington Street, Wilkes-Barre, was charged withaggravated assault and simpleassault. He was jailed at theLuzerne County CorrectionalFacility for lack of $75,000bail.City police allege Jonesassaulted Andrew Casterline ata party at his residence onOct. 23, according to the crimi-nal complaint.Casterline suffered severefacial injuries that requiredsurgery, police said.Jones’ arraignment on Wednesday was his second forthe same fight at his residence.Police charged Jones withassaulting George Casterlineand stealing a wallet and in-haler at the party, the criminalcomplaint says. He had been jailed at the county correction-al facility for lack of $75,000bail from his earlier arrest.
HAZLE TWP.
– Two men were arraigned Wednesday in Wilkes-Barre Central Court oncharges they stole constructionproducts.Justin Alan Nodes, 28, andRobert Romanelli, 39, both of St. Johns Road, Butler Town-ship, were charged with theft,receiving stolen property, crim-inal conspiracy and criminaltrespass. Nodes was furthercharged with driving with asuspended license. They were jailed at the Lu-zerne County CorrectionalFacility for lack of $5,000 bail.
POLICE BLOTTER
 WILKES-BARREThenamesof the people who’ve applied tolead the county as manager un-der the new Home Rule Chartergovernment will be released af-tertheelectiontothecommitteeempoweredtofillthepost,pend-ing a signed agreement that theybe kept confidential. The Home Rule Charter Tran-sition Committee voted 5-2 toenacttheconditionatitslastreg-ularly scheduled meeting beforethe Nov. 8 general election.Voters will elect 11 people tosit on the county council underthe charter that does away withthe three elected commissionersand many elected row offices. The manager, who will be thechief executive of the county, will be appointed by the transi-tion committee. The job has at-tracted 70 applicants whosequalifications were being re- viewed and graded by commit-tee consultant Ken Mohr.“I have had people say to me,‘If it’s going to be released I would like to have my name withdrawn,’” said Mohr.Committee Chairman Jim Bo-beck raised the is-sue of confiden-tiality to “reduceany type of leaksor actions bycouncil candidate without the au-thority of the”committee. The names of themanager and the clerk of thecouncil could be released if thecommittee decided to do so, headded.He ran into some oppositionfrom committee member andcouncil candidate Rick Morelli whowantedtowaitforthecoun-cil members to join the transi-tion committee, saying they willbe the ones to govern the countycome Jan. 2.“It’s a valid point, but I think itshould be held off for another week,” said Morelli.Committee member Jim Hag-gerty, an attorney and mayor of Kingston, suggested that the in-formation be provided on Nov.14upon“executionofaconfiden-tiality agreement which simplysays they will maintain the confi-dentiality of the information un-tilfurtheractionofthetransitionteam.” There is no penalty if theagreement is broken, acknowl-edged Bobeck. If people releasethe names it shows “They don’t want to work with a group,” hesaid.
Agreement is reachedon release of names
The home rule transitiongroup will keep managerhopeful names to itself.
ByJERRYLYNOTT 
 jlynott@timesleader.com
IT’STHEHAYMOBILE
DON CAREY/THE TIMES LEADER
B
ob Charnichko pulls a trailer full of kids on a hayride at Kennedy Park in Wilkes-BarreTownship on Wednesday afternoon.
DURYEA
TheregularmonthlymeetingoftheDuryeaBoroughSewerAuthoritywillbeheldat7p.m.onMondayintheboroughbuilding.
WESTWYOMING–
SanitationstickersareonsaleattheTownHall,weekdaysbetween8a.m.and4p.m.AllWestWyomingresidentsarerequiredtopurchasestickers. Thecostis$200.IfpurchasedbeforeJan.31,2012,seniorcitizens,65andolder,willreceivea$25rebate;allotherswillreceivea$15re-bate.IfpurchasedfromFeb.1to28,2012,thefullpricewillbecharged,$200.AfterFeb.28,2012,thecostwillbe$300forthe yearandcitationswillbefiled withthedistrictjudgefornon-compliancewiththeordinance.StickerscanbepurchasedbymailatWestWyomingBoroughBuilding,464W.8thSt.,West Wyoming,PA18644.Visa,Mas-terCardanddebitcardsareac-cepted.
MUNICIPAL BRIEFS
 
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 WRIGHT TWP.
Trooper waives DUI hearing
A state police trooper arrested byFairview Township police on evidenceof drunken driving waived his right to apreliminary hearing before DistrictJudge Ronald Swank on Wednesday.Bernard Charles Kizis, 47, of Moun-tain Top, waived two counts of driving under the influence to Luzerne CountyCourt. Township police allege Kizis had ablood alcohol level of .361percent afterhe rear ended a vehi-cle on South Moun-tain Boulevard on July1.Kizis was charged with a second DUIoffense by Hanover Township police aftera traffic stop on MainRoad on Sept. 25.A preliminary hearing on drunkendriving charges filed by Hanover Town-ship police is scheduled on Dec. 6 be-fore District Judge Joseph Halesey.
 WILKES-BARRE
City stresses sign ordinance
 The City of Wilkes-Barre reminds allcandidates seeking city, county, or judicial office in the upcoming generalelection that placing campaign signsalong public rights-of-way or publicproperty in the city is strictly prohibitedby city zoning ordinance.Any sign found in violation starting this morning will be removed by theDepartment of Public Works and placedin storage at the Public Works garageon Pennsylvania Avenue. WILKES-BARRE
C&Y forums scheduled
Area resident Tom Concert will holdtwo public parental and juvenile rightsforums on Friday and Monday, Nov. 7,in the Luzerne County Courthouse nearthe rotunda.Both forums start at noon, and thepublic is invited to attend.Concert, who has dealt with thecounty Children and Youth agencyregarding his children, said the forums will focus on complaints about serviceproviders, government officials or oth-ers who may not be complying withpolicies and procedures. Anyone withquestions may contact Concert at 235-6040.
ASHLEY
Sulfur Run meeting set
Ashley Council reminds residentsthat the state Department of Envi-ronmental Protection is holding a meet-ing at 6:30 this evening at Ashley Fire-men’s Park,160 Ashley St., to discussthe Sulfur Run Project. The $8 million project is intended tostop periodic flooding of many boroughproperties by channeling about a half mile of Sulfur Run through an under-ground cement culvert between Co-nyngham Street and Solomon Creek.
 WYOMING VALLEY
Kettle drive set to begin
 The sound of The Salvation Armybell-ringers will soon fill the air with thespirit of Christmas at several Wyoming Valley area kettlesights. The SalvationArmy of Wilkes-Barre will begin their annualKettle Campaign onSaturday, Nov.12.Individual bell ring-ers, families and com-munity groups areneeded to help with this effort, whichsupports a large part of the Wilkes-Barre Corps’ annual budget.“To volunteer or for more informa-tion, contact The Salvation Army at824-8741.
I N B R I E F
Kizis
KINGSTON – Defense attorney Deme-trius Fannick said there is “no logical rea-son”hisclientJosephBartorillotaintedthe yogurt of two former co-workers with hisownsemen.“It’saverybizarrecase,”Fannicksaidaf-ter Bartorillo, of Larksville, was arraignedin federal court in Wilkes-Barre Wednes-day.“I don’t think even heknows why he did it,”Fannicksaid.Bartorillo agreed toplead guilty last monthafter federal investiga-torssaytheycaughthimon camera injecting se-men through the alumi-num foil tops of yogurtcontainersbelongingtoco-workersatProc-ter&GambleProcter&GambleinMehoo-pany. The coworkers had contacted author-ities after noticing strange substances andfoulodorsintheiryogurt.Labtestshoweditwassemen,andDNAtestslatermatchedit with Bartorillo, Prosecutor Michelle Ol-shefski said during Bartorillo’s arraign-ment before Magistrate Judge MalachyMannion.Bartorilloremainedquietandcompliantthroughout the hearing, repeatedly con-firmingheunderstoodtheconsequencesof hispleaagreement,which--ifacceptedbyU.S.DistrictJudgeRichardConaboy--willmeanatwo-yearprisonsentenceandapos-siblefinenottoexceed$250,000.About30minutesintothehearingBarto-rilloadmittedhisguilt.Hewasreleasedonhis own recognizance provided he contin-uesmentalhealthtreatmentbegunafterhe wascharged.Fannick noted Bartorillo had no pastcriminal record and no indication of anysexualfetishesorotherpsychologicalcon-ditions. Fannick said the FBI had seizedBartorillo’s home computer but foundnothingrelevantonit.Fannick also noted that Bartorillo, 60,had no problems at work, and that he andthetwowomenwhoplacedtheiryogurtinthe refrigerator at work barely knew eachother.“I really don’t believe there was a rea-son,Fannicksaid.“Therewasnoanimos-ity,novendetta,nohatredbetweenthem.”Bartorillois“very,veryremorsefulandistryingtofigureitout,”Fannicksaid,adding that “his wife is still behind him and sup-portinghim.”Bartorillonowawaitsthepreparationof a pre-sentencing report, which MannionruledmustbecompletedbyDec.27.JudgeConaboy will then review the report anddecide if he will abide by the plea agree-mentsentenceoftwoyears.
No logic totampering,says defense
ByMARKGUYDISH
 mguydish@timesleader.com
Bartorillo
BUTLER TWP. Brian Holevasstood eye to eye with Gov. Tom Cor-bett Wednesday and answered thequestions.Holevas, 19, of Baltimore, came tothe Keystone Job Corps Center forthe same reason as all of the stu-dents there – to get an education,learn a skill and make life better.“This place has dramatically turnedmy life around,” Holevas said. “I wouldn’t take my decision back foranything.”Holevas said his friends and family were concerned about him when he was younger. He said he wasn’t get-ting in trouble, but was “slacking” when those who knew him realizedhe had potential.“You can’t get anywhere in life be-ing a slacker,” Holevas said.Holevas will graduate from Keys-tone in June. He will have earned hisgeneral equivalency diploma and cer-tification as a plumber’s assistant.He will continue his training aftergraduation and will seek employ-ment.Holevas and the other Keystonestudents fit into Corbett’s theme Wednesday. The governor spoke tothe Greater Hazleton Chamber of Commerce before visiting Keystoneand told an audience of 250 he wascentered on education reducinthe percentage of high school drop-outs, providing a quality education,and attracting jobs to the state to fitthe needs and skills of the work-force.Corbett said the dropout rate inmany state high schools is 40 to 50percent. He said the lack of educa-tion compounds other areas thattake a big chunk of the state’s budgetwelfare and corrections.Improving education, Corbett said,includes improving the quality of teachers.“We need to set our prioritiesstraight,” he said. “First are our chil-dren, the students, then the teachersthen parents.”Corbett toured the Keystone site, visiting the culinary arts, certifiednursing assistant and trade skills de-partments. Students of Keystone arebuilding a new welcome center oncampus and Corbett talked to severalstudents at each stop to hear theirstories. He said he came away im-pressed.“The fact that they are here, volun-tarily, is inspiration in itself,” Corbettsaid. “These young men and womenhave made a decision to be here andlearn – to get an education and to betrained in a particular job skill. Theyare here to put their lives on theright track and to become productivecitizens.”Later Wednesday, Bill Patton,spokesman for the House Democrat-ic Caucus, issued a written state-ment critical of Corbett’s cuts to ba-sic education.“Hearing Tom Corbett promotebetter access to job skills training islike Kim Kardashian endorsing mar-riage counseling,Patton wrote.“The sad fact is the state’s unem-ployment rate has risen for fourstraight months since the Corbettbudget cuts passed. More than523,000 Pennsylvanians who want jobs cannot find jobs. Whatever thegovernor believes he is doing to cre-ate jobs, it’s not working.”
EDUCATION
PETEG.WILCOX/THETIMESLEADER
Pennsylvania Gov. TomCorbett tours the Keystone Job Corps in Butler Township Wednesday. Talking with thegovernor are, fromleft, electrician students Marvin Manley, 20, Philadelphia; Celso Alicea, 20, Reading, and DylanGibbs, 21, Pittsburgh.
Praise from the governor
Job Corps students get a pat on back 
ByBILLO’BOYLE 
boboyle@timesleader.com
“The fact that they arehere, voluntarily, is inspira-tion in itself. .... They arehere to put their lives onthe right track and to be-come productive citizens.”
Gov. TomCorbett
dled in adultcriminalcourtby SeniorJudge JosephAugello.Lee’s attor-neys, MelissaScartelli, Pe-ter Paul Ols-zewskiandCharlesRado,saidincourt papers an expert report written by psychiatrist JohnO’Brien should be thrown outand O’Brien should not be per-mitted to testify for prosecutorsbecause he based his report of Lee off of statements Lee alleg-edlymadetopolice.Augello ruled in April 2010those statements where Lee al- WILKES-BARREAttorneysfor a teen charged in the shoot-ing death of his great-grandfa-theraskedajudgeWednesdaytotoss out psychiatric reports andevidence seized, including anotebooktheteenallegedlykeptthatliststhingstodo,including “killgrandpa.”Cody Lee, 17, of Lake Town-ship,ischargedintheDecember2009 shooting death of 80-year-oldHerbertLee23monthsago.His case is scheduled for ahearingonNov.21whereajudge will hearargumentsonwhytheteen’scaseshouldbeheardinju- venilecourt.Itisnowbeinghan-legedly admits to killing hisgreat-grandfather, will not bepermittedtobeusedatanytrial.Augello ruled Lee made thestatements while he was dis-tressed because he was affectedby hypothermia after being outin the woods following theshooting.+ The state Superior and Su-preme Courts upheld Augello’sruling, and Lee’s attorneys con-tended because the statementsaren’t technically allowed to beused, and because O’Brienbased his report partially off those statements, O’Brienshouldnotbepermittedtotesti-fy and his report should bethrownout.Prosecutors originally askedO’Brien to evaluate Lee in theirattempt to keep Lee’s case inadultcourt.“An expert witness cannotbase his opinion upon facts which are not warranted,” Lee’sattorneys wrote. “It would befundamentally unfair, highlyprejudicial,andmostimportant-ly, complete impossible for(O’Brien) to, in some way, “dis-regard” or attempt to set aside(Lee’s statements) in any “re- visedanalysis.””Intheirsecondfiling,Lee’sat-torneys say two items – a note-bookandabackpack–wereille-gally seized in a search warrantthat was conducted a day afterHerbertLee’sdeath.Cody Lee’s attorneys said theitemswerespecificallylistedinasearchwarrant,andthattheyon-ly knew of the items after a 16- year-oldjuveniletoldpoliceLeeshowed him his notebook thatcontained a list that included“killgrandpa”and“killdad.”“(Lee) has a reasonable, pro-tected expectation of privacy inhisblackringnotebook,theat-torneyswrote,andpolicehadnoprobablecausetosearchforandtaketheitems.Augello scheduled a hearing on Nov. 14 for lawyers to arguethe request regarding O’Brien’sreport and another for the evi-denceissueonNov.21.
Lawyers for teen in slaying case want mental report, seized evidence tossed
BySHEENADELAZIO
 sdelazio@timesleader.com
Lee

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