Remembering Litigating Legend

Continued from page 37

Stoltzfus’s friends, James Eways and Harlin Bailey, testified against him. The two of them admitted that they had been with Martinolich and Stoltzfus and had joined in kidnapping both victims and sexually assaulting Sheckler but were not present at the time of the murders. Bailey further testified that, while he was in the county prison on other unrelated charges, Stoltzfus had confessed to him.

Interestingly, Eways and Bailey were never charged with kidnapping and sexual assault, despite testifying to having perpetrated such crimes. On cross-examination by Jim, they each denied the DA had made a deal for their testimony.

As part of the defense, Jim called Berks County Prison Warden Walter G. Scheipe as a witness. He testified that Stoltzfus had been confined to his cell following his arrest and was not allowed to mingle with other prisoners. Therefore, there would have been no opportunity for Bailey to have contact with him.

Stoltzfus tearfully testified that Bailey killed the woman and Eways murdered the man.

On October 13, 1970 the jury found Stoltzfus guilty of first-degree murder, and he was sentenced to life in prison without parole. Jim had successfully avoided him being sentenced to death.

Direct appeals followed but were unsuccessful. Stoltzfus maintained his innocence until his death in prison in 2010.

I joined the firm of Liever, Hyman & Potter in 1980. At the time, Stoltzfus had an appeal pending under the PostConviction Relief Act, claiming Jim had been ineffective in defending him. I recall, as Jim was leaving the office to testify in the matter, he turned to me and said, demonstrating his self-deprecating humor, “if only they would ask, I would stipulate to my ineffectiveness.”

Nothing could have been further from the truth. John Boccabella, now Senior Judge Boccabella, had joined the firm in the early 1970s and helped Jim with the appeal to the Pennsylvania Supreme Court, reading the entire transcript twice. He recently told me, “Jim did an outstanding job for Stoltzfus; everything he did during the trial was right on point. There was simply no way to win—the notoriety killed the case, the DA leaning on Bailey and Eways and clearly there had been a deal.”

Judge Boccabella went on to say: “That case stayed with Jim a long time, and he never really got over it. Jim thought Stoltzfus got a raw deal.” He added: “Jim considered Tex VanHoove to have been a friend and did not expect to be sandbagged by him.” According to the Senior Judge, without charges being brought against Eways and Bailey, “everyone in the community was convinced there had been a deal.”

With John Boccabella taking over the firm’s criminal and family law practice, Jim concentrated on personal injury cases. And the battles with Dave Kozloff ensued.

In a separate, more recent interview with me, Dave said, “sometimes I did a number on him but quite a few times he did a number on me. Jim had an understated approach; not flamboyant, always prepared.”

He added, “when we were trying a case, Jim was always in the courtroom before I arrived. By the time I walked in, he had his papers organized on counsel table. Ready to go.”

Dave shared an interesting observation. “Jim never wore a white dress shirt while trying a case. It was always a blue one.” During the Legends program, Jim explained, “I would not wear white because then I would look more like a lawyer and jurors do not like lawyers.”

Dave told me that Jim’s “low key approach with his everyman appearance seemed to build a rapport with the jury.” At the Legends program, he described Jim as being “quiet, unassuming” and creating an “almost irresistible appeal to the jurors because he was so nice.”

At the end of the 2011 event, Dave expressed gratitude to his long-time opponent and friend. “Jim and I have had a long and interesting career trying cases. I have learned a lot from a lot of lawyers over the years, and Berks County is fortunate indeed to have and to have had outstanding, talented, honorable and distinguished attorneys and trial attorneys, but I learned as much if not more from litigating against Jim as I have from any other lawyer I can think of. Thank you, Jim.”

Jim did not retire from practice until he was 82 years of age. In fact, at age 76 he achieved the highest verdict ever given in a soft tissue case in Lehigh County. He possessed a winning style.

That winning style can be attributed in large part to preparation starting months in advance of trial, according to John R. Badal, who practiced with Jim in the firm longer than anyone else, even longer than Lee Hyman. “As a result, Jim never felt tremendous pressure on the eve of trial. On a Sunday, the day before the start of a trial, he would be playing a round of golf, at a time when I would have been climbing the walls.”

John added, “while Jim had a cool, calm exterior, he was a strong advocate, being very involved with the client’s cause. He had developed an emotional attachment to the client and the client’s case.” Though low key and unassuming, there was passion in his presentation.

Despite his hard work on behalf of clients, Judge Boccabella noted that “Jimmy was super involved in the bar association. Just a great guy.” He was president of the Berks County Bar Association in 1985 and served many years on the Local Court Rules Committee, even chairing it for a term or two.

But it was not all work and no play. Jim was an avid golfer. Introducing Jim at the Legends event was Jack Mancuso, who told the gathering that Jim “plays golf 8 or 9 days a week.” Just a slight exaggeration.

Jack noted that Jim was always looking for a driver, iron, wedge or putter that would improve his game and was buying a club every “three to four months” to the point that “his basement was packed with golf clubs” such that “Dick’s Sporting Goods is a distant second in the number of clubs they have compared to Jim.”

Over the years, Jim was a member of several golfing clubs, most recently at Moselem, where I was a social member. The last time I saw Jim at Moselem he was leaving the Pub with a friend to start their round. The bartender yelled, “have a good day.” To which Jim responded, “how can I have a good day, I’m playing a round of golf.” Another example of his self-deprecating humor. He always had a good day on the course.

Jack Mancuso had frequently been his playing partner. Jack recently told me, “Jim was a steady and consistent golfer, straight and in the fairway all the time. Even if he hit a bad shot, he never became angry. Playing a round was always a day in the sun for him.”

As our interview came to an end, Jack shared, “Jim was a very special man. A quiet leader, one who would do anything for you. He was the best.”

His wife of almost 60 years, Jean, survives as do his two daughters, Amy Dietrich, wife of Randy of Exeter, and Leslie Kaltenbach, wife of Rich of Berkeley Heights, NJ, along with five grandchildren.

To conclude the Legends presentation, moderator Hatt said, “Jim and Dave, you have earned respect from everyone. Thank you for all you have done for the bar, for the profession and your clients.”

Indeed. And I might add: Jim, thank you from all of us attorneys you mentored so well, for always being available to provide advice and for being a role model.

Author’s notes: A DVD of the March 10, 2011 Legends of the Bar program is available for viewing at the Bar Association Building.

Facts pertaining to the Dreamland Park Murders were gleaned from a Reading Eagle article published on August 13, 2019. Mr. Smith was a member of the firm of Liever, Hyman & Potter, P.C. from 1980 through 2008. Thereafter, he served 10 years as Berks County Bar Association’s executive director.