Friday, April 08, 2011

The LuLac Edition #1541, April 8th, 2011

PHOTO INDEX: LUZERNE COUNTY COURTHOUSE.

MANNING UP


When the rumors first started to swirl around then Judge Michael Toole in 2008, they were met with disbelief. After all this was the son of a hard nosed DA and Luzerne County Judge that brooked no nonsense in his more than 35 years of service to Luzerne County. If not for political machinations, Judge Patrick Toole might have become a Federal Judge but that was when the Republicans were playing games with the Clinton Judicial appointments. The younger Toole carved out his own path in Luzerne County lawyering and politics. Most notably he served as solicitor for the Wilkes Barre Area School Board which politically gave him access and a high profile. The lawyer was also involved in countless athletic events at the Catholic Youth Center and was regarded by many parents and students as a type of sports mentor. Toole made a move for the Luzerne County bench in 2003 and beat Attorney Tom O’Connor for the seat on the Common Pleas Court bench. The fact that when the Toole rumors surfaced, they took so long to come to fruition gave many of his friends and supporters hope that it was all a mistake. Toole began not showing up for work and the writing was on the wall. When the indictment and charges came down they paled in comparison to the corruption charges leveled against Judges Conahan and Ciavarella. But nonetheless what he pleaded to was not only against Judicial standards but an out and out crime. During the last few weeks the public has heard about Michael Toole’s alcoholism and gambling problems. He had numerous friends write letters of support to Judge Conaboy asking for a break. Those letters were made public and in the view of some might have caused more harm than good. But today the waiting was over and the former Judge was sentenced to 2 and ½ years in jail. Federal time. Toole admitted he accepted free use of a beach house owned by attorney Harry Cardoni as a reward for using his office to influence a uninsured motorist arbitration case that was handled by Cardoni. He also admitted failing to report on his income taxes a $30,000 referral fee he received in an unrelated case. The technical charge was one of corrupt receipt of a reward for official action and evading taxes. Toole admitted he accepted free use of a beach house owned by attorney Harry Cardoni as a reward for using his office to influence a uninsured motorist arbitration case that was handled by Cardoni. Throughout the last few weeks Toole’s Defense Attorney Frank Nocito tried to spin it that Toole didn’t use the house as much as people have charged. Nocito, like most Defense Attorneys was reaching. Toole also admitted failing to report on his income taxes a $30,000 referral fee he received in an unrelated case. There are some that are going to say that this was all Toole plead to and there was a lot more. Either way, Toole’s life and career have drastically changed. Conaboy said that he felt that a prison sentence was warranted, given the violation of judicial trust. In a pre sentence speech, Toole joined former County Commissioner Greg Skrepenak as one of the few people convicted of corruption charges in the county to actually man up. Toole apologized to his family, friends and community. "I failed to be the son, the husband, the father, the friend and public servant I was expected to be," Toole said. "I am absolutely devastated by that realization and will struggle with that for the rest of my life." In effect, Toole told the court “he had it all and threw it away”. He reports to jail in May.

3 Comments:

At 7:57 PM, Anonymous David DeCosmo said...

According to all of the media reports former Judge Michael Toole admitted his guilt and took full responsibility as he addressed the Federal Judge that sentenced him.
I was disappointed that he was not ready to offer at least a brief version of the same feelings to members of the media seeking comments or a statement as he left the courthouse. It could make one wonder if the courtroom comments were sincere.
Since the Federal Court system, like the Commonwealth of Pennsylvania, does not allow television cameras or radio micorphones in court,the public isn't able to detect the vocal or visual emotions that might add to the impact of a defendant's confessions to the court, hence the public.
We're told that our constitution is a living document that continues to evolve through the years.
I'm always puzzled by the fact
the 'evolution' has not included the electronic 'press.' That seems especially true now that technology would allow the placement of both cameras and microphones in a courtroom where they wouold never be noticed. In fact I would suggest they already exist but are only used for security.
I believe the former judge could have taken a small step back into social acceptance had he offered at least brief remarks, even without allowing questions, to the media covering his sentencing hearing.
And I would appeal to legislators both at the state and federal level to consider legislation that would open all courtroom doors to the public by way of radio and television.

 
At 6:27 AM, Anonymous Anonymous said...

I would have been fine with home confinement. With all of the violent crime and driving under the influence of drink or drugs; I would prefer prison to be reserved for those who could inflict direct physical harm on members of society.

 
At 3:08 PM, Anonymous Anonymous said...

6:27 You hit the nail right on the head. People are so hate filled that they want to worst possible punishment available. They do not consider the life of the person, just the final act that ruined that life. People scream about taxes and have no clue what incarceration actually costs us. Good comment
Signed, Taxpayer with a brain

 

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