Friday, July 19, 2013

Judge Baratta: I'm No Super DA

Armed with a big box, Tricia Mezzacappa attempted this morning to persuade President Judge Stephen Baratta that District Attorney John Morganelli abused his discretion when he decided against prosecuting Kelly Gross over the leak of Mezzacappa's concealed carry gun permit application. Gross and Mezzacappa are long-time foes.

This leak has already led to criminal charges against one deputy sheriff and  the termination of two others. The deputy pulled the application from courthouse files and then provided it to Kelly Gross, West Easton Borough Council President. From there, it made its way to Attorney Richard Orloski. He is suing Mezzacappa, but she still listed him as one of her references. She also named Executive John Stoffa as a second reference. Neither Stoffa nor Orloski agreed to be references, and both would have argued against giving her a license to carry.

The Sheriff, overwhelmed with gun permit applications, never checked. 

How the application ever made its way from Gross to Attorney Orloski is unclear. She has denied providing it to him. Morganelli noted this when deciding against prosecuting her. He added that Gross herself was a victim "in fear of her life" as a result of threats made by Mezzacappa.

Last year, Mezzacappa was convicted of disorderly conduct after a borough hall tirade in which she threatened to drag Gross to the river and drown her. Since that incident, West Easton Borough offices are locked. Members of the public must ring a bell to gain admission. Mezzacappa is not admitted without a police escort.

Morganelli also noted that Gross, unlike the Deputy charged, is a civilian, not a member of law enforcement. 

Morganelli did not attend this morning's hearing.

"What you're asking me to be is a super district attorney," Judge Baratta told Mezacappa. He gave her twenty days to file a brief in support of her position, after which he will make a ruling.

On her blog, Mezzacappa had made an appeal for public support, hoping to pressure the judge into following popular sentiment instead of the law.

But she had no support at all. Despite her appeal to unions, no one was at her side this morning.

All she had was a big cardboard box.

(Updated 2:15 PM to correct some grammatical errors. I dictated this blog with word verification software, and there were some errors).  

63 comments:

Anonymous said...

Hope she doesn't file the briefs she had on today with the skid marks in them.

Anonymous said...

Messycrappa wasting more of the courts' time. She should keep that big box handy. She'll need it to ship Gregory some lipstick and a lot of Astroglide.

Anonymous said...

That's it? That's all she had? Big ****ing deal! Was she in court with her gun strapped to her hip?

Clinton Oxford said...

Tricia has Moxie. I commend her for her Courage to stand up for herself.

Anonymous said...

The judge is humoring her...he will flush her silly motion within days of receiving her brief or any reply from the DA's office.

Anonymous said...

Bernie, You have become the BEST source of news in the Lehigh Valley. I know you are biased and slant coverage to those you like and against those you don't. But you are out there, at meetings, tracking down the things we need to know.

The Express/Times is becoming more lame each day. As a long time subscription holder (over 25 years now), I will NOT be re-newing. I do not get pleasure in this, but they are irrelevant. The Morning Call is even worse. And other blogs (like LVS) are nothing but a soap box for persons with an axe to grind.

You are media. You do the job they should be doing Keep up the great reporting and screw the "blog mental". PEACE Brother, you are in my prayers,

Anonymous said...

Sorry Tricia. We tried to get to the courthouse on time to support you, but our bus broke down, we ran out of beer, and The Colonel forgot to put the torches in the trailer.

Brothers of The Confederacy
Mississippi Chapter
Klan 314

Anonymous said...

Tricia Mezzacappa has engaged in a vicious campaign of personal attacks against Kelly Gross for several years. After Gross defeated Mezzacappa for a seat on the West Easton Borough Council in November 2011, the attacks became even more hateful and personal. Mezzacappa behaves like a rabid animal. After Borough officials learned Mezzacappa had obtained a license to carry a gun their fear factor went up. After Mezzacappa published a threatening gun video on her blog their fear factor went up even more. After Mezzacappa's profanity-filled tirade at the Borough offices, in which she threatened Gross's life, the Borough Council decided to keep the office door locked for security purposes. The police and the District Attorney were notified. There was even a recommendation that bullet-proof glass be installed at the office. Despite her conviction for disorderly conduct, Mezzacappa did not tone down her behavior. Recently, she was convicted of criminally harassing the Borough clerk. Her license to carry a firearm was revoked for good reason: She is mentally unstable and lacks good character and reputation. So why has she now decided to openly carry a gun? Its an intimidation tactic aimed at her many perceived enemies and a desperate form of attention seeking. Somebody needs to be prosecuted and its not Kelly Gross.

Anonymous said...

I have never read a blog much less wrote on a blog until the last few weeks. I must admit I have been following the J.G. story and find that you have far more information than anywhere else. I now read your blog everyday on a number of topics you write about. Thanks for keeping everything interesting.

Anonymous said...

"Armed with a big box, Tricia Mezzacappa"=Im sure it was a big, stinky, infested, quarry,(I just vomited in my mouth). dID SHE ALSO HAVE A CONTAINER filled with evidence?

Anonymous said...

If we can give evidence to the D.A. & Judge, that Tricia is stalking, relating to her harassment conviction, her new conviction would prohibit her from posession of a firearm....PERMANENTLY!

Anyone have any evidence admissible in a court of law?

Anonymous said...

Sideshow note, is Jimmy getting released (not by his own or someone else's hand) today?

Bernie O'Hare said...

Nope.

Bernie O'Hare said...

She apparently had an empty holster. I missed that.

Bernie O'Hare said...

Check is in the mail

Anonymous said...

The manner in which the application got to Orloski should be investigated. Why wouldn't the DA want to know? He has the ability to deal with the deputies and continue the investigation. Perhaps he's doing so. He should. It's very troubling. Just because it involves the county's biggest yapping idiot, Mezzakkkappa, doesn't mean the overriding issue should be dismissed. Someone did something very wrong here. I'm starting to suspect that someone is connected to the DA. Why else would he drop it?

Anonymous said...

"She apparently had an empty holster."

Where was the gun? Did she leave it in her vehicle? Was she allowed to enter the courthouse with it before it was confiscated by security? Isn't it a crime to bring a gun onto the courthouse property?

Anonymous said...

Seen Mezzacappa's latest on WEFP? She's now soliciting for any lawyer to file the brief for her. Can only assume that would be pro bono. How about it? Any idiots out there want to be a laughing stock?

Anonymous said...

@12:43 PM, you're beating a dead horse. The investigation is over.

I'm starting to suspect that you are Tricia Mezzacappa. Maybe she (you) shouldn't have listed Orloski and Stoffa as character references.

Anonymous said...

I also think it's her. She's the only one that gives a shit about her already public knowledge "leaked" application.

Bernie O'Hare said...

12:50, She did not bring a gun into the courthouse.

Anonymous said...

No, I'm not she. I actually care about violations of public trust, wherever they occur. Most times, the most egregious violations involve our least savory characters, making any follow up distasteful. Just because this one's a unstable racist with pig fetish and disturbing Adams Apple doesn't mean the DA should let a serious incident go quietly away without providing a key piece of information - who gave the info to Orloski. We're not being told the whole story and that's bullshit.

Anonymous said...

Bernie,

On the Miscellaneous List "Prince" was listed as Mezzacappa's attorney. I assume that would be Joshua Prince, the firearms lawyer from Berks County who inserted himself into the situation after the leak was disclosed. Prince did not show up in court today. Since Mezzacappa is now soliciting random lawyers to write her brief, Prince must have taken a hike.



Anonymous said...

Jilted at the Altar?

Bernie O'Hare said...

It's not Morganelli's job to tell you that story. The only way he could get an answer to that question would be by giving Gross immunity and asking her what she did with it. If she tells him she gave it to a clerk to send to Orloski, should the DA then prosecute the clerk while her boss is off the hook?

I am disturbed at the way Gross handled herself in this matter. She did leave a deputy Sheriff out there, twisting in the wind. But it's a stretch to call her behavior criminal. In fact, i think it's a stretch to call the deputy's behavior criminal.

Also, let me point some things out about Gross that you might not know. She was a counselor at KidsPeace. While there, she was viciously assaulted by some juveniles. It was a brutal assault that left her scarred, both physically and emotionally. It took Gross a very long time to recover, and her volunteer work at West Easton was helping both her and the borough, until Mezzacappa came along. So although Gross may not have handled every incident correctly, there's a good reason.

The least culpable person in this whole affair, in my opinion, is the Deputy Sheriff who has been charged. I understand the need to hold these guys to a higher standard, and hope he can put this behind him soon.

Bernie O'Hare said...

1:49, Prince was listed as her lawyer bc she printed out his name on her motion. But he never signed it and never represented her in this matter.

Anonymous said...

It may be that her firearms lawyer for the RTCF appeal is being paid for by the NRA. He's not going to get involved with Mezzacappa's personal vendetta. Especially when she can't pay for his services. Knowing her background by now, he probably wishes the NRA gave her case to a different lawyer.

Anonymous said...

@1:45 PM, do you care about the big picture? Do you care about the abuse and threats dished out by Mezzacappa to Orloski and to Stoffa and to O'Hare and to Gross and to many, many others? Do you care that Mezzacappa was issued a license to carry concealed firearms based on a misleading application? Are you glad that the license was revoked? Does it concern you that an applicant's references are not checked? Were you aware that Mezzacappa breached the confidentiality of her own application more than a year ago? Are you concerned that Mezzacappa is now openly carrying a gun? The "whole story" is much more involved than what you are focused on. Of course, in a perfect world there would be no mysteries; everything would be black and white and all our questions would have answers.

Anonymous said...

In the appeal of Mezzacappa's firearms license revocation, attorney Prince did not identify her as the appellant. He said her identity was confidential under the law. It looks like that argument is out the window thanks to Tricia. Prince would be wise to do a reassessment of his client and his case.

Anonymous said...

I don't know Kelly Gross and hold no animus toward her. I know a Kidspeace counselor and know you couldn't pay me to do that job. Kelly said she didn't do it and that's what we know. What we don't know is the full story and we should. If a clerk who was used by Kelly is to be let off the hook, let us know. I'd understand and likely not have a problem with it. Perhaps I'm not alone in this regard. But we should know who's serving in public places and potentially breaking laws and getting away with it - for whatever mitigating reasons. I don't want harsh punishments. I want transparency. If Mezzaloony is the excuse for a lack of openness here, what will be the excuse next time?

Bernie O'Hare said...

But it is not the clerk who would be let off the hook - it is Gross. There is little doubt in my mind that Gross made sure that application made its way to Orloski, even if she did not do it herself. She could have asked a friend or anyone she knows and trusts. What you want, apparently is for the DA to find out exactly what happened. I'd like to know myself. But that is not his job. He is a prosecutor.

Anonymous said...

please remember this was the tea party candidate for county council
this was the candidate the extreme republicans were supporting like Robert Kerr

Anonymous said...

I think that long haired, marijuana reeking guy that confronted Mezzacappa that day in Bethlehem might had sent the application to Orloski, but he can't seem to remember.

Bernie O'Hare said...

Wanna' get high?

Anonymous said...

The only one culpable is the Deputy who released the information. Snowden released secret information about our government spying on all of us and it became public knowledge. It was done for the greater good and I don't see the government prosecuting the media outlets that passed along that information. They are going after Snowden. Did Gross pass the information she received to Orloski and Stoffa, or did the Deputy go one step further and give it to them himself? He knew what the situation was and the players involved. Personally, I don't give a rats' ass who informed them directly. Mezzacappa's application was known to exist because she told everyone she had a license to carry and because of the Deputy we found out that references weren't being checked. Mezzacappa has successfully twisted her BS application into a "whodunnit" and is trying to use it as a lever to convince people Gross "masterminded" the Deputy's actions and broke the law. An investigation was conducted and Morganelli realized either a case against Gross didn't exist or couldn't be successfully prosecuted. Maybe it was simply because Mezzy gave up any expectation of privacy when she bragged about carrying. Don't know. Don't care. Mezzacappa doesn't like his decision so she keeps a dead horse moving by dragging it through the courts with motions she can't even write a brief on, to support it. I can't wait to see her complaint against Morganelli thrown in the trash. She'll have another judge to insult and do a Photoshop number on.

Anonymous said...

Tony Rybak?

Anonymous said...

"Prince was listed as her lawyer bc she printed out his name on her motion. But he never signed it and never represented her in this matter."

That sounds familiar. Where have I heard about Mezzacappa listing an unsuspecting attorney's name on an official document. Let me think. Oh, right. She did that with Rick Orloski on her application for a LTCF.

Anonymous said...

Then, Bernie, the DA could and should put pressure on Kelly and find out. Whose job is it to fully investigate these matters? You have reasonable suspicions and Morganelli likely does, as well. She's a duly elected public official. She's not exactly Jane Doe down the block. Openness is lacking here and it's not about something trivial.

Anonymous said...

You know, Bernie, given your take and regardless of whether charges were filed against her after the DA provided her a somewhat flimsy "private citizen" pass, why hasn't she resigned? Her acts may not have been criminal. But they certainly are obnoxious, given her elected position. I hate to feed Mezzakkkappa's sick and twisted orgasmic fantasies. But her still being in office is puzzling. She left deputies to swing in the wind, is potentially covering for a borough employee's wrongdoing, and is preventing an open airing of the facts of the case. Not good.

Bernie O'Hare said...

Let me correct something. I have no reason to believe a clerk had any involvement in this matter. I was presenting a hypothetical. I have no reason to suspect that anyone but Kelly Gross herself was involved.

Anonymous said...

Titilating hypothethis!

Anonymous said...

The clerks in that office had no knowledge or involvement in any of that situation. They found out about it just like the rest of the public. Your hypothesis was a poor one.

Anonymous said...

Here's a hypothetical:
Nobody but Mezzacappa gives a shit.
Give it a rest. Tricia isn't going to get any traction with this play.

Anonymous said...

Bernie, correction received and you've said quite enough. Appreciate the forum and the fairness.

Anonymous said...

Bernie didn't you serve in the military with that deputy?

Bernie O'Hare said...

Yes, Deputy Steward and I served in the same artillery unit. But he and I had virtually no contact at all after he started working for the Sheriff's office. He was a union activist, and i was highly critical of the sheriffs' union in particular. I was not exactly on their good side. I talked to him for the first time in years just a few days before he was charged.I urged him to fight it but i think he will play it safe and apply for ARD.

Bernie O'Hare said...

"Your hypothesis was a poor one."

It was, and i apologize.

Clinton Oxford said...

It will be the icing on the cake when Tricia's behavior gets her Firearm physically taken away from her.

Anonymous said...

Did you ever find out if Holly's husband gave big $$$$ to Reibman?

Bernie O'Hare said...

You are OT. I have found nothing so far, but am still looking. Like I said, I very much doubt it.

Clinton Oxford said...

Modern Artillery (& the blogosphere) will reach from Roseto to the L.V.

Awaiting co-ordinate's.

Bernie O'Hare said...

Clinton, I was one of the worst soldiers you would ever meet. I never served in combat, but had I done so, you'd be speaking Arabic.

Clinton Oxford said...

Translation: Don't follow me, for I shall lead you to the enemy.

Bernie O'Hare said...

Let's put it this way. I volunteered for Desert Storm, and made it as far as Bristol before being sent back to my unit. It was very embarrassing, especially bc I had a going away party and was back the next day. I think I was too old for them.

Clinton Oxford said...

"According to the Martin-Niemöller-Foundation the text is as follows:[2]


First they came for the communists,
and I didn't speak out because I wasn't a communist.

Then they came for the socialists,
and I didn't speak out because I wasn't a socialist.

Then they came for the trade unionists,
and I didn't speak out because I wasn't a trade unionist.

Then they came for me,
and there was no one left to speak for me.

Habeus Corpus is DEAD!

Clinton Oxford said...

"Let's put it this way. I volunteered for Desert Storm"

I did too. The Judge went on Record saying "He didn't need a loose cannon roaming around Iraq"

Seriously.

Anonymous said...

Follow me not.

Anonymous said...

Tricia is right and you know it!

Anonymous said...

Tricia is right and you know it!

Clinton Oxford said...

"Anonymous said...
Tricia is right and you know it!9:10 PM"
Tricia can know anything she want's....It is not a matter of right or wrong; it is a matter of the Law, or , Not the Law.

Tricia is outgunned.

Anonymous said...

"I hate to feed Mezzakkkappa's sick and twisted orgasmic fantasies."

Then stop doing it. Your deliberate misspelling of her last name is an obvious attempt to divert from your real agenda.

Anonymous said...

It's really simple...

Gross committed a crime in asking for the application.

She planned and came up with this.

Gross needs to be charged and held accountable.

How is she still holding office??

Bernie O'Hare said...

The DA could charge Gross, just as he could charge Mezzacappa. Right now, someone could be saying:

It's really simple...

Mezzacappa committed a crime in falsifying the application.

She planned and came up with this.

Mezzacapa needs to be charged and held accountable.

How is she still allowed near a gun??