Trial of the Decade Begins Today

Nine months ago, Schuylkill County grabbed national headlines with the brutal beating death of an illegal immigrant in Shenandoah and subsequent arrest of three high school students in connection with it. The limelight will again shine on our fair county for the next two weeks as two of those students, Brandon Piekarsky and Derrick Donchak, go on trial for their lives starting at 9AM this morning at the Schuylkill County Courthouse.

For legal experts and avid trial watchers, this is going to be a hell of a show.

On one side of the courtroom, we have a prosecution that seems to have a slam dunk. Schuylkill County District Attorney Jim Goodman has a victim, Luis Ramirez, that died in horrid fashion on the cold, dark, streets of Shenandoah, leaving behind a weeping fiance and three young children. He has one of the perpetrators, Colin Walsh, playing the role of Sammy “The Bull” Gravano by testifying for the Commonwealth against his two best friends. And, Goodman has up to six eyewitnesses in the bullpen to corroborate the abundance of physical evidence collected by investigators.

On the other side, we have the best defense counsel money can buy in Fred Fanelli, ready to surgically cut holes in, around, and through the heart of the prosecution’s case. Fanelli will no doubt pounce on the victim’s checkered past, which to this point has been glossed over by the media and involves border-jumping, suspected drug dealing, and alleged sex with his underage soon to be sister-in-law. He will further neutralize jury sympathy for the victim and his family by outing Ramirez’ grieving widow as a a former drug offender and a suspected neglectful parent, who had a Children and Youth Services case file. Finally and most importantly, Fanelli will try to embed doubt into the jury’s mind about whether Ramirez really died when his client, Piekarsky, allegedly kicked him in the head. Medical examiners could not conclusively determine whether it was Walsh’s sucker punch or Piekarsky’s kick that killed Ramirez. With Walsh breaking ranks from his buddies, Fanelli will have the perfect scapegoat and a reasonable explanation about how his guy wasn’t really the killer.

Add to that the circus that will be going on outside with the protests and counter-protests and counter to the counter-protests fueled by a national debate about illegal immigration, along with the political stakes for DA Goodman, and you have a made for cable tv drama not seen in this area ever before.

So, grab your popcorn and set your TiVo for those other fictional programs, because this will be the most entertaining, most talked about, and most anticipated real-life event in a very, very long time.

What’s Going on w/ 3rd Shen Teen’s Trial?

When Schuylkill County President Judge William E. Baldwin issued a press release earlier this week that indicated the  date of the long-awaited murder trial of three Shenandoah teens in connection with the beating death an illegal Mexican immigrant had been set, something was mysteriously missing . . . . the third defendant’s name on the docket. As a result, speculation has been rampant around the county about why Colin Walsh will not be sitting at the defense table with his buddies Brandon Piekarsky and Derrick Donchak.

Neither Judge Baldwin or District Attorney James Goodman would provide many straight answers other than Walsh still had charges pending. Up until now, the three teens had been scheduled to stand trial together. With such a sudden change to the schedule less than a week before jury selection is slated to begin, it doesn’t take a Perry Mason to figure out what is probably happening. In my opinion, it looks as though Walsh has turned state’s evidence and will probably testify against his cohorts.

What bothers me about such a deal with is that it remains unclear who actually killed Luis Ramirez last July. The prosecution’s theory is as follows:

(1) A group of six teens were involved in the incident. All of them were drunk

(2) Piekarsky and Brian Scully yelled racial epitaths at Ramirez as they passed him on the street.

(3) Scully engaged Ramirez in the first fight.

(4) Ramirez fought him off and was able to call a buddy for help.

(5) Donchak then engaged Ramirez in a second fight.

(6) Ramirez again fought him off.

(7) Piekarsky, Walsh, and Donchak then engaged Ramirez in a third altercation

(8) While Ramirez was looking at Donchak, Walsh sucker-punched him in the side of the head, knocking Ramirez to the ground and his head off the pavement.

(9) While Ramirez was down all three kicked him in the body.

(10) Piekarsky landed the final blow, kicking Ramirez in the side of the head.

Medical officials reported that Ramirez died as a result of severe brain injuries from his head hitting the ground via the Walsh punch and being kicked in the head by Piekarsky. However, they could not ascertain what blow actually killed him. Judge Baldwin ruled at an earlier hearing that the evidence was sufficient to charge both Piekarsky and Walsh with third degree murder because both of their actions led to the injuries that simultaneously killed Ramirez. That is a very legally sound decision. However, in reality, it is entirely possible that Ramirez was dead when his head hit the ground. Piekarsky’s kick might not have even mattered.

So, if  DA Goodman has decided to make a deal with Walsh to secure a conviction of Piekarsky and Donchak, he could be, at worst, pleading down the actual murderer of Luis Ramirez, while at best, be pleading down a coward who blind-sided a guy in a 3-on-1 fight.

It is my view that this is a purely political decision by Jim Goodman. Since the outset of the investigation, Goodman has taken every opportunity to mug for the national media cameras. Now, with the bright lights squarely on his office (of course, not him personally, because Goodman will not be lead trial counsel for the prosecution, one of his assistants is as per the usual for the Schuylkill DA) and his re-election looming in the fall, Goodman can ill-afford any type of screw-up, especially with the finest criminal defense attorney money can buy, Fred Fanelli, sitting on the other side of the courtroom.

Just like with his record of pleading down 48% of all drug offenders in this county just to clear some backlogged files off his desk, Goodman is opting to sacrifice the delivery of justice by issuing a get out of jail free card to one of main perpetrators in this case for the purpose of ensuring that he gets his picture and a glowing write-up in the New York Times.

Seip a Slum Lord?

With all the problems that Pottsville has right now, from rising crime and the heavy influence of drugs seemingly on every street corner to blighted and vacated properties, you’d think that the residents of Schuylkill County’s biggesst city would be able to count on their state representative to be part of the solution. Well, after startling revelations that state Rep. Tim Seip (D-125) received his third citation in seven years yesterday for building code violations on property that he owns within the city, its seems that the democrat politician is part of the problem.

Apparently, neighbors have been complaining about Seip’s property, which he uses as a rental unit, for years. Rotted fences, falling brick, and lack of maintenance on the lawn are the key issues that code officers want fixed. According tot he Pottsville Republican and Herald, which broke the story in Tuesday’s edition, the adjoining property owner called Seip’s lot “a disgrace”. This is not the first time Seip has been cited for neglect on that property. In 2002, the city mandated he repaint the exterior of the home because of flaking, peeling, and chipped paint. Then in 2006, Seip was cited for having rotten wood fascia boards along the second story roof.

And what was Seip’s excuse? He said that he couldn’t afford to make the repairs “because of the economy”.

Hey Seipy, you make $73,613 per year in the state house. You collect $150 per diem for every day you travel to the capital. You drive a state owned vehicle that has its car insurance paid for by the taxpayer and use a state credit card to pay for gas. All together, you enjoy a lifestyle that most Skook’s only dream about, and you’re telling us that you couldn’t fix a stupid fence, thrown some mortar on some loose bricks, mow the lawn, or rake the leaves? Seriously?

In your campaign literature, you make it seem like you fly around your district like Superman, cleaning your constituents drains, putting in new windows, and repairing bridges with your own two hands, but you can’t do the menial work that every man in America does on a regular Saturday afternoon?

Seip is just another example of the disconnect that career politicians have from real Americans. It seems that once they swear that oath, politicians don’t think they are bound by the same rules that govern the rest of us. From Al Gore lecturing us about how we should ride our bikes everywhere in lessen our “carbon footprint”, while he flies around the world in a private jet, to President Obama telling us that we need to tighten our belts during this recession while he spends money faster than the Treasury can print it, most of our “leaders” believe that they are above the law of the common man.

Maybe instead of trotting around the county handing out cardboard checks, Seip will now spend a few afternoons taking care of his personal obligations. Or maybe not. Seip will probably work harder than ever to pass the blighted property legislation that would have the government come in and use taxpayer funds to repair his fence and mow his lawn for him. After three years in the General Assembly, Seip has got mooching off the public coffers down to an art. I wouldn’t put anything past him now.

Clarke Report Opens Law Practice!

It took me long enough, but I finally started my own legal practice. That is what has been keeping me from my Clarke Report duties over the past two weeks. So, if you need legal advice or representation at a very affordable rate, please check out the new website and contact me today.

And I will be back here soon, resuming my usual duties as Schuylkill County’s #1 political commentator.

Another Allegation of Rendell Corruption

This time, Fast Eddie seems to be using no-bid contingency contracts to reward trial lawyers for making lucrative donations to his re-election campaign. In a case in front of the PA Supreme Court today, Jannsen Pharmaceuticals has asked that the Houston law firm of Bailey, Perrin, & Bailey be removed as trial counsel for the Commonwealth due to the fact that they allegedly paid over $100,000 to Rendell’s campaign in the months leading up to 2006 election in exchange for prosecuting this case, which could bring in BILLIONS of dollars in contingency fees to the firm.

The Wall Street Journal has an in-depth article about this in today’s edition.

My question is: Don’t we have an Attorney General whose job it is prosecute cases on behalf of the state? Maybe he is too busy campaigning for governor to be bothered with this.

Obama: Schuylkill Not Blue Enough for Stimulus Money

Pennsylvania has $102 million dollars in federal dollars coming its way to promote energy efficient technologies as a result of the $787 billion dollar stimulus package. How much of that will Schuylkill County see? ZERO. Yes, that’s right. A county with a abundance of coal reserves, plans for coal to oil plants, and over 10% of its citizens unemployed, was stiffed by President Barack Obama’s department of energy.

Governor Ed Rendell has said that money was allocated based on a “population formula”. US Rep. Tim Holden (D-17) stated that Schuylkill was blanked because he wasn’t permitted to attach earmarks to the bill (which doesn’t make sense considering that over 9000 earmarks actually passed) But, the plain truth of the matter is that both of those excuses are BS. The REAL reason that Schuylkill County received a big fat goose egg is that not enough of our residents voted for Obama in November.

Yes, much like every other piece of legislation to come out of Washington since the inauguration, the “stimulus” is one large patronage package for staunch Obama supporters. And since Schuylkill County went for Sen. John McCain during the election, we were not allowed to dip our fingers in the federal honey pot.

You don’t believe me? Just look at the cash allocation:

Philadelphia: $14.1 million–Obama 83%, McCain 16%

Allegheny Co. (includes Pittsburgh):$11.4 million–Obama 57%, McCain 42%

Luzerne Co. (includes Wilkes-Barre):$2.6 million–Obama 54%, McCain 45%

Lehigh Co. (includes Bethlehem):$3 million–Obama 57%, McCain 42%

Chester Co.: $4.6 million–Obama  54%, McCain 45%

Montgomery Co. (includes Chelteham and Lower Merion): $6.3 million–Obama 60%, McCain 39%

Delaware Co. (includes Chester, UpperDarby, & Middletown): $4.7 million–Obama 60%, McCain 39%

Bucks Co. $3.9 million–Obama 54%, McCain 45%

Lackawanna Co. (includes Scranton):$720,000–Obama 63%, McCain 36%

Berks Co. (includes Reading):$3.6 million–Obama 54%, McCain 35%

Erie (city):$1 million–Obama 59%, McCain 40%

Northhampton Co.: $2.5 million–Obama 56%, McCain 43%

Only four counties that went for McCain, out of the 50 he won statewide, received stimulus money. Typically, all of them have metropolitan or suburban areas that went heavily for Obama. Meanwhile, only four Obama counties were left off the funding list (I’m sure he will get them back in some other portion of the massive stimulus, you watch).

What this adds up to is politics at its worst. If your community dared to vote for the Republican candidate, you are SOL for at least the next four years when it comes to federal dollars. Under this new regime of “change”, the people of Schuylkill County better get used to being snubbed.

No Surprises at GOP Convention, Knowles Wins on 1st Ballot

If nominating conventions were movies, the 29th senate district conference that nominated Dave Argall by the slimest of margins after five ballots last December would be Transporter 3, while tonight’s 124th house district conference could be most aptly described as a 4-hour History Channel documentary about yarn. By a resounding 11-3-3 vote on the first ballot, former Schuylkill County Commissioner and aide to Dave Argall, Jerry Knowles, captured the GOP nomination at Orwigsburg Masonic Lodge Hall in Orwigsburg, soundly defeating Ringtown farmer Barron “Boots” Hetherington and Maidencreek Township Supervisor Roy Timpe.

“I would ask that people who might not have supported me tonight to please rally around me, so that we can keep this seat Republican, ” said Knowles in his acceptance speech. Newly-minted state Sen. Dave Argall, a conferee, added, “I would implore those who supported my candidacy for the 29th to be behind Jerry in this race. We are down in the House right now and we lost a seat a few years ago because we [the Republican Party] were divided.”

Well Dave, there is a little bit of a difference between the way you were nominated and the way Jerry was coronated tonight. You won a very tightly contested race fair and square. So, we respected the rule of democracy and rallied behind your candidacy, despite the fact that some of us aren’t your biggest fans. In contrast, Jerry won his nomination a few nights ago when GOP Chairman Bob Ames compiled the list of Knowles homers as conferees, securing a certain victory tonight. That is not democracy. That is not the republican way. And that is why many of us won’t rally behind Jerry merely because he asks us to. He is going to have to earn our vote the old fashioned way.

Orwigsburg Blue Dog Front-runner for 124th Dem Nod

Looking to capitalize on the fact that many Republicans are unhappy with the process by which it seems Jerry Knowles will be anointed the GOP nominee, Schuylkill and Berks county democrats are mulling the implementation of a southern strategy in their attempt to oust the burgeoning Tamaqua dynasty from the 124th district seat.

The Clarke Report has learned that the front-runner heading into tonight’s Schuylkill County democratic Executive Committee meeting that will name the democratic nominee for Dave Argall’s old House seat, is Brian J. Calderone of Orwigsburg. Calderone is a special education teacher at Hamburg Area High School and the husband of the former Denise Schaeffer, daughter of Dennis Schaeffer-owner of Schaeffer’s Harley-Davidson in Orwigsburg.

A 1984 graduate of Minersville Area High School, Calderone holds a BS in education and Masters degree in special education from Bloomsburg University. He has been teaching for 19 years, some of which was reportedly spent at Blue Mountain High School.

I contacted Mr. Calderone this afternoon for comment, but he did not return my messages. Although, sources tell the Clarke Report that Calderone is a pro-life, pro-gun democrat, who is an avid motorcyclist.

Calderone is a perfect selection for a democratic party that has an uphill battle to beating any generic GOP candidate in the heavily Republican 124th. Orwigsburg and Hamburg are two of the most voter rich areas of the district and they also happen to love native sons. If Calderone can get Republicans to look past party affiliation to vote for someone who lives and works in their respective towns, he might just have a shot at knocking off Knowles.

**UPDATE**: Well, it looks like the Schuylkill County democratic party isn’t as smart as we all thought. Instead of going with the above named individual who seemed like a dynamic candidate for this race, they go with perennial loser Bill Mackey. Mackey has lost bids for this very seat in 2006 AND 2008 by over 40 points each time. He’s so unpopular that even a good portion of democrats wouldn’t vote for him. Because of this, there is ABSOLUTELY NO DOUBT that Jerry Knowles will be the next state representative for the 124th district. Congrats, Jerry.

124th Convention Rigged for Knowles

Hope. It is what I had for the Schuylkill County Republican Party in the wake of Dave Argall’s election to the state senate and his promise to mend the open wounds suffered from the years of cronyism and back room dealings that have killed our party. For me, that hope died a grizzly death today when the names of the conferees for Thursday’s 124th district GOP nominating convention were announced. Anyone with so much as a rudementary knowledge of Skook politics can clearly see that the process has been rigged in order to select long-time Argall aide, Jerry Knowles, as our party’s nominee for his boss’ old House seat.

Unlike the senate convention held in December, where a good crop of open-minded and non-partisan conferees were judiciously chosen so as not to give the even slightest hint of unfairness, which resulted in a mere one vote victory for Argall after five agonizing ballots and nearly four hours of deliberation, Schuylkill GOP Chairman Bob Ames stacked the deck for Knowles by placing known Argall/Knowles cronies on the delegation. By my count, Knowles has 9 rock solid votes going into the convention, thanks to Ames’ kindness. Among those selected were:

State Sen. David Argall (R-29): Knowles’ long-time boss.

Micah Gursky: Knowles’ former colleague on Argall’s House staff.

Sandy Christman: Currently works in Argall’s Hamburg office.

Adolph Slovik: His wife is related to Knowles.

Diane Thompson: Mother of Argall staffer Nate Thompson.

Frannie Adams: Argall’s longest and most fervent booster.

Tom Nickels: Long-time friend of Knowles and huge Argall campaign donor.

Martha Bertolet: 29th district conferee, who voted for Argall on all five ballots.

Ernie Comisac: Long-time GOP committeeman and big-time Argall booster.

For weeks, I have said that Knowles was the obvious front-runner based on the power of an endorsement from King David. I do not besmirch Argall for supporting a man who has loyally served him for nearly a decade. That is understandable, but what is unforgivable is Argall and Ames’ hubris in not even trying to mask their obvious preference. Not only did they effectively stack the deck for Knowles, they are flaunting it!

I am most livid, though, at the utter maltreatment and blatant disrespect of Barron “Boots” Hetherington. Here is a guy that has been a party loyalist and avid Argall booster for decades. In fact, he was one of the keys to Argall beating Christopher Hobbs for the 29th nod as Hetherington effectively whipped a few fence sitters back into Argall’s camp at the last minute. For his dedication to the Schuylkill GOP and unwavering support of King David, Hetherington gets served a giant turd sandwich for supper as he won’t have even the slightest opportunity to change any minds at the convention. Stay classy, guys!

Argall vowed that he would unite the party under one banner and bring an end to the old politics of the past that has placed Republicans in this rut where we currently reside. I can see now that it was all just a ruse to get people like me to shut up and jump on the bandwagon to ensure an electoral victory. Shame on me for taking a politician at his word. By now, I should know better.

124th Nominating Convention Slated for Thursday

As reported by the Pottsville Republican and Herald over the weekend, the convention that will name the GOP’s nominee to fill Dave Argall’s former House seat will be held on Thursday at the Orwigsburg Masonic Temple. This convention, much like the one that Argall one a few months ago for the 29th district senate seat, has a crowded field of candidates looking to punch their ticket to the special election. Among those who have announced a desire to be selected are:

Former GOP state committeeman, Barron “Boots” Hetherington

Maidencreek Township Board of Supervisors Chairman, Roy Timpe

Berks GOP committeeman, Patrick Daly

Other candidates who have not announced yet, but are expected to run are:

Argall staffer, Jerry Knowles

Former Rush Township Board of Supervisors Chairman, John Schickram

Former Schuylkill County Commissioner Bob Carl

Schuylkill GOP committeeman Larry Wittig

David Leinbach