Times Leader 04-08-2011

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The Times Leader timesleader.com

WILKES-BARRE, PA

FRIDAY, APRIL 8, 2011

“MIKE AS A FRIEND, has been there for me anytime I needed him. … My children even call him Uncle Mike now.” Arun Patel manager at Beer Belly’s Beverage in State College

Toole case: Letters and the law

Judge releases messages, saying it is vital to give access to sentencing factors.

THE LETTER WRITERS AGAINST LENIENCY

By TERRIE MORGAN-BESECKER tmorgan@timesleader.com

SCRANTON – Acknowledging the importance of transparency within the court system, a federal judge on Thursday ordered the release of the majority of letters written on behalf of former Luzerne County Judge Michael Toole relating to his sentencing today on a corruption charge. U.S. District Judge Richard P. Conaboy agreed that letters written by public officials, First reported court workers, 4:13 friends and coP.m. workers timesleader should be re.com leased, but denied the release of letters written by certain family members, members of Alcoholics Anonymous, religious officials and Toole’s alcohol counselor. Conaboy said he believed the letters from public officials should be released in their entirety because those persons, by virtue of their positions, do not have the same expectation of privacy as private individuals. See TOOLE, Page 5A

• Al J. Baloga, taxpayer • George Kochis • John and Ann Marie Gocek

VICTIM’S IMPACT STATEMENT • Luzerne County District Attorney Jackie Musto Carroll

FOR LENIENCY

NIKO KALLIANIOTIS/FOR THE TIMES LEADER

Former Luzerne County Judge Michael Toole will be sentenced today for his guilty plea to corrupt receipt of a reward for official action and tax evasion.

Friends and family: Calls for leniency abundant More than 135 wrote on ex-judge’s behalf. Some took opposite side. By JERRY LYNOTT jlynott@timesleader.com

To many of his friends and family members, the Michael Toole appearing before a federal judge for sentencing on

corruption-related charges today has done more good than bad and deserves a break, they said in letters written on his behalf. They recalled his sense of humor, his compassion and devotion to family when asking for leniency for the 51year-old former Luzerne County judge. The letters might not have

been made public if other media organizations had not joined WNEP-TV in asking for their release. Toole’s attorney Frank Nocito argued that they be kept private. U.S. District Judge Richard Conaboy on Thursday ordered that most of them be made public, allowing some family letters and those of members of Alcoholic’s

State expanding water tests for contaminants from drilling Most treatment facilities unable to remove many pollutants, EPA letter says. By MARC LEVY Associated Press

INSIDE: • Truck safety violations down, Page 10A • Dallas Township mulls measures, Page 10A

Anonymous to remain secret. Toole has undergone treatment for alcoholism and attends AA meetings. More than 135 people who know Toole wrote to Conaboy in an attempt to paint a full picture of the man who will stand before him in court.

WEATHER Adrienne Wren Sun early. Rain late. High 56. Low 37. Details, Page 10B

House pushes through bill to fund government for another week with $12B in cuts. By DAVID ESPO AP Special Correspondent

WASHINGTON — Time growing short, President Barack Obama and congressional leaders bargained and blustered by turns Thursday, still shy of an agreement to cut federal spending and head off a midnight Friday government shutdown that no one claimed to INSIDE: Area lawmakers want. Obama held weigh in; shuttalks at the down’s impact would vary. White House Page 2A twice during the day with House Speaker John Boehner, ROhio, and Senate Majority Leader Harry Reid, D-Nev., and aides negotiated for hours in between in pursuit of a deal. The president and the lawmakers directed their aides to work through the night in pursuit of a deal. “I expect an answer in the morning,” Obama said in an appearance in the White House briefing room shortly after his second sit-down of the day with See SPENDING, Page 2A

Medical college head quits

Scranton-based school’s first dean and president to stay on in advisory role until June 30.

McMonagle cites honesty and fairness on the job

09815 10011

WILKES-BARRE – Jim McMonagle has been a prosecutor in Luzerne County for 17 years. He has represented the District Attorney’s Office honestly and fairly since being hired in 1993, he told The Times Leader’s endorsement board Thursday. Now, he’s ready to represent the people of Luzerne County by running for one of six open seats on the Court of Common Pleas. “I thought I was as good or better than candidates running (in 2009),” McMonagle said. A native of Johnstown, McMonagle came to Luzerne County and was appointed as a full-time assistant district attorney in 1993. He has held the

By ANDREW M. SEDER aseder@timesleader.com

position ever since. “Being a lawyer always fascinated me,” McMonagle said, noting his father was a police officer in Cambria

SCRANTON -- Dr. Robert M. D’Alessandri, the first dean and president at The Commonwealth Medical College, has stepped down from that post, according to an announcement made Thursday. The Board of Trustees of Scranton-based school has D’Alessandri named Dr. Maurice Clifton as acting dean and chief academic officer. Clifton was senior associate dean for academic affairs at TCMC. D’Alessandri will stay on to serve in an advisory role at the college until June 30. No reason was given for D’Alessandri’s decision, other than he was pursuing other opportunities. “It has been my privilege to serve as President and Dean of TCMC since its inception and we have accomplished a great deal,” D’Alessandri said in an e-mailed statement. “Working together with our board, faculty, staff and community, we have made con-

See CANDIDATE, Page 10A

See QUITS, Page 10A

By SHEENA DELAZIO sdelazio@timesleader.com

6

Talks on spending result in no deal

See WRITERS, Page 5A See LETTERS, Page 5A

Garvin, sent a March 7 letter asking Pennsylvania to begin more watertestingtomakesuredrinking water isn’t being contaminated by drillers. The state’s requests for additional testing, however, were made later in March, Krancer said. The tests should check for radium, uranium and the salty dissolved solids that could potentially make drilling wastewater environmentally damaging, according to copies of letters the DEP said it sent to 14 public water authorities and 25 wastewater facilities. Inhisletterlastmonth,Garvin said most treatment facilities are unable to remove many of the

HARRISBURG — Prodded by the federal Environmental Protection Agency, the state said it is expanding the scope of water tests to screen for radioactive pollutants and other contaminants from the state’s booming natural gas drilling industry. The state Department of Environmental Protection’s acting secretary, Michael Krancer, wrote Wednesday to the EPA to say that he has requested additional testing from some public water suppliers and wastewater treatment facilities. Those steps, he said, were in the works before the EPA’s regional administrator, Shawn See TESTS, Page 10A

To see the released letters, visit www.times leader.com

• Patrick J. Toole III, brother • Francine Beach-Toole, sister-inlaw • Jenny Beach, niece • Hannah Beach, niece • Lisa Toole DeMichele, sister • Edward DeMichele, brother-inlaw • Derek James Toole, nephew • Dr. Sharon Palushock, sister-inlaw • Maureen Mullen, aunt • Joseph K. Mullen, uncle • Joseph K. Mullen Jr., cousin • Ann M. Toole, sister-in-law • Jennifer Todaro, cousin • Sharon Parri, former WilkesBarre Area School District secretary • Aldona DeMichele, relative by marriage • Melanie DeMichele, relative by marriage • Maryann Markowski, relative by marriage • Joseph M.Toole, brother • John Markowski, relative by marriage • John Palushock, father-in-law • Enes Palushock, mother-in-law • Arun Patel, boss • D. Richard Francke, business owner • Kathy Stephens, co-worker • Janet LeGars, co-worker • Joseph J. Aveni, co-worker • Angela C. Sallemi, Luzerne County court reporter • Cynthia L. Rachilla, Luzerne County court reporter • Lisa Tratthen, Luzerne County court reporter • Anita Calzola, Luzerne County court reporter • Christine Yaros, Luzerne County court reporter • Attorney Ann B. Cianflone, former law clerk • Brian Joseph Leighton, Luzerne County Adult Probation/Parole officer • Eugene E. Duffy Jr., Luzerne County Adult Probation officer • Donald Wolfe, housing inspector with Housing Authority of Luzerne County • Maura Leighton, friend • Judith Solomon, friend and

50¢

CLARK VAN ORDEN/THE TIMES LEADER

Jim McMonagle, candidate for Luzerne County judge.


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