Saturday, February 19, 2011

The LuLac Edition #1482, Feb. 19th, 2011




He gets his own lunch and carries it in a simple paper sack. At 85 he has the appearance of a former bantam weight fighter. It is said that he likes to be home every day at 4PM. We also learned that if need be, he’ll come in on a Saturday and bring the rest of his crew with him. He most likely has forgotten more law than most of the attorneys who practice before him know. In the Conahan/Ciavarella case, he was the Judge who rejected the initial pleas by the two former jurists because he just didn’t like their attitude. Despite requests to take him off this case, Judge Edwin Kosik presided with efficiency over this trial. Kosik was born in Dupont, Pennsylvania. He received a B.A. from Wilkes College in 1949. He received an LL.B. from Dickinson School of Law in 1951. He was a Corporal in the United States Army from 1943 to 1946 and a Reserve Colonel in 1975. He was in private practice in Scranton, Pennsylvania from 1951 to 1953, became an assistant U.S. Attorney of the Middle District of Pennsylvania from 1953 to 1958, before returning to private practice from 1958 to 1969. He was a Chairman, Pennsylvania State Workmen's Compensation Board from 1964 to 1969 and became a judge on the Court of Common Pleas, 45th Judicial District of Pennsylvania from 1969 to 1979. He became a President judge, Court of Common Pleas, 45th Judicial District of Pennsylvania from 1979 to 1986.
Kosik was nominated by President Ronald Reagan on May 14, 1986, to a seat vacated by Malcolm A. Muir on the United States District Court for the Middle District of Pennsylvania. He was confirmed by the United States Senate on June 13, 1986, and received his commission on June 16, 1986. He assumed senior status on July 15, 1996. Kosik ran the trial like a conductor running the railroads. There was a reason for every stop and everything had to be on time.
He was a member of the fading “Greatest Generation” Tom Brokaw wrote in his book of the same name. Mark Ciavarella’s fate when he is appealing his case will be what side he will see of this man of a different generation. Will he see the career lifer Judge who is abhorred by his (Ciavarella’s) disregard for his office or the compassion of a man who has literally seen and heard of failing of humanity?
Whatever will be in the future, the last two weeks Judge Edwin Kosik was a veritable quote machine. Here are a few of his dandies:
“One thing lawyers love to do is talk, that’s why I left the profession”.
“You do your job, I’ll do mine”. (When the Prosecution asked him about a procedural question).
“This is the way it should always be, nice and quiet”. (When he entered an almost empty courtroom shortly after a lunch break)
“I ‘m wearing my carpenter’s coat, you caught me with it on”. (On his way to lunch one day as he opened the front door during lunch).
“You are most likely going to hear as many words as you will ever hear in your lifetime”. (On the day he charged the jury with instructions. )
“Since you didn’t seem to take that too seriously, let me explain it to them directly”. (Scolding the prosecution when they provided a rather curt clarification of a legal point).
“You seem to be holding your own”. (To Defense witness Gina Carelli as she battled with Government attorneys).
“Jesus Christ almighty”. (As he struggled with Ciavarela’s name three times in the midst of reading instructions for hours on end).
“A lawyer asked me why I gave him more time to talk than usual, I said because I knew he was prepared and not wasting time”. (To a lawyer who questioned him regarding a prior case when he (Kosik) was accused of not giving the attorney adequate time”)
“You’re nodding your head there but I don’t know what you’re thinking, do you agree with him or not?” (To Defense Attorney Bill Ruzzo who sat stone faced when Kosik wanted affirmation on a point from the two of them”.


At 7:07 AM, Anonymous Anonymous said...

By rejecting the pleas Kosik caused this circus to go on for 2 years, for no reason. Ciavarela was found guilty of the charges that Kosik rejected.
Too much money and too much time have passed.

At 4:46 PM, Anonymous Anonymous said...

Yonk, I have to wonder if your portrayal of Kosik's ability to conduct a trial is part of your next fiction? You have got to be kidding with regard to Kosik's ability and professionalism. Thy guy is way beyond when he should have retired. Being able to walk and talk does not a judge make. He did not run the trial like a well run railroad, he ran it like he was railroading Ciavarella. He would not allow the attorney time to examine the jury. He said they had the paper work for two months and that's true but that's like having a resume. It is the interview that counts and Kosik would not allow time for the interviews. All he was concerned with was getting home on time and getting the trial over with. If he wasn't wearing a robe, you have seen the hard on he had for the defense. He was terrible! I have no doubt that Kosik created a perfect scenario for a boat load of appeals. Maybe you need to pay more attention to what is being said and what is going on that to what everyone was wearing. I appreciate knowing that Kosik was wearing a yellow or white shirt but was he wearing flowered depends? If you would take a moment to read your very own description of the trial, you will see that even you condemn Kosik for rushing the trial and not allowing either side to present the case they intended. So now I'm left to wonder, would the prosecution have done better if left to try their own case and not have lost such a large portion of the case? Would the defense if allowed to go through the jury examinations and then present their case without Kosik making objections as though he were the prosecutor, would they have gotten even more charges dismissed? We won't know because Kosik ran a terrible trial. Dressed nice but showed clear signs that his best days are behind him. Come on Yonk, you're better than this report indicates.

At 12:49 PM, Anonymous Anonymous said...

David, looks like wwe have a good topic for our next lunch date. Make it soon. Your Lunch Buddy.

At 5:03 PM, Anonymous Anonymous said...

Everybody a winner and everybodys a starJesus the crap is flyin! Good/judge/badjudge/Good/kid/bad/kid- Good Mom/Bad/Mom…Good coverage/Bad coverage- Good Lulac/Bad LulacOne thing I noticed on the NEP News- Don’t get between Corbett and a camera or injury will result! I kinda wish the angry Mom was armed with one of those krispy kreme donuts to throw at everyone. And how about this! The whole thing started when another weasel, kidnapped the car of the lady who stopped to offer help. Ah, the area is filled with such good people! Remember everything that goes wrong here is the result of outside adjatators! And now some of the jurors will take advantage of their 15 minutes of fame. Not much opportunity in Forest City ya know.How about an appeal? Maybe a Good Citizenship award for the convicted judge who only had the best interest of the community at heart. Perhaps Lady Gaga will visit dressed as a broken condom or better a sperm cell.As you quoted the Judge, “Jesus Christ Almighty”.
Lumpy Rutherford

At 2:57 PM, Anonymous Anonymous said...

Trial? There was a trial?


Post a Comment

<< Home