The LuLac Edition #894, Aug. 1st, 2009

SNAPPLE "REAL FACT" #799: The official color of the California Golden Gate Bridge is International Orange.

PHOTO INDEX: OUR INTERVIEW LOGO.

INTERVIEW

Friday afternoon, Federal Judge Edwin Kosik rejected the plea agreement of both Michael Conahan and Mark Ciavarella. The Judge said that he was critical of the conduct and comments made by both disgraced judges after their plea agreement. While many in the community wondered aloud about what was behind Ciavarella’s self serving comments and protestations against various parts of the agreement, it was Conahan’s behind the scenes, more subtle and less public sparring with the plea that irked Kosik. As a matter of fact, Ciavarella’s behavior was deemed “less obstructive” than Conahan’s. On the heels of this stunning development, we contacted a legal professional in the county who gave us some insight.
Q: What do you think of this latest development?
A: Incredible but not surprising. In my dealings with these Judges, I felt it was not in their DNA to go down as easily as they seemed to.
Q: How would you approach this case if you were their attorney?
A: You mean if they go to trial?
Q: Yes.
A: Build a separate defense, separate both of them as far away as I could from each other’s conduct. Try to get a change of venue. But this has been on national TV so I don’t know about that.
Q: Who do you think blew this?
A: From a public perception you’d think it was Ciavarella because of his interviews on TV, both local and national. But don’t forget, he didn’t seek the media out, he responded to it, was almost tempted by it. Conahan from what I’m told was very tough, almost to the point of arrogance and a sense of entitlement with the plea agreement.
Q: Is it fair to say you saw this coming?
A: Like I said earlier, I didn’t think they’d go down this easy, you know, lay low, take their medicine and get on with their lives without a fight. But I think they were going to try and make a statement at sentencing. And I think Judge Kosik knew that which is why he acted proactively in this matter. Like a baseball umpire, he didn’t want to be shown up. Have the court insulted.
Q: If Conahan and Ciavarella had clients like themselves, would they advise a more quiet approach?
A: You bet. But I think these two guys forgot they aren’t judges anymore and wield the power or even the professional courtesy due a fellow jurist. I think they forgot the only Judge in this equation was Kosik.
Q: If and when they go to trial, how long will this all last?
A: Years. This won’t go away for a long time unless they work something out in the next 10 days. It does buy them some time in the short run but in the long run, with a jury, who the hell knows.
Q: Would you consider defending either of them?
A: Not in this lifetime or on this planet. And I like them both as people. But a trial will require a lot of money, time and emotional energy.