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| District Judge Richard Yetter |
After receiving an email from Borough Solicitor Peter Layman, denying one of Mezzacappa's incessant Right-to-Know requests, she "barrelled" into Borough Hall, according to Clerk Jill Garcia. Sweating, wet and shaking, Mezzacappa reportedly used the word "fuck" between 10-20 times. She told Garcia she was going to punch Layman in the nose and twice stated she was "going to fucking drag [Council President Kelly Gross] to the river and drown her."
A videotape, without audio, showing Mezzacappa in action, was introduced into evidence.
"I was scared," said Garcia." It was frightening."
Mezzacappa left after being told the police would be called, but returned a few minutes later to rip some documents off of a bulletin board.
Garcia's testimony was corroborated by tax collector Elizabeth Haney, who could hear the death threats from her office, about 25' away from the lobby.
Easton Police Officer Charles McMonagle, who ably tried the case for the prosecution, told Judge Yetter that he had to escort Mezzacappa from Borough Hall in January. He warned her that if she became disruptive again, he would cite her.
The tiny courtroom was packed with West Easton supporters, including several members of Council. Mezzacappa's sole supporter was Phil Lauer, whom she paid to represent her.
Testifying on her own behalf, Mezzacappa admitted what she herself called "explosive behavior," and acknowledged using the word "fuck" once or twice. She acknowledged she did refer to Council president Kelly Gross as a bitch. She called it "verbal judo." She denied threatening any physical violence, in contrast to testimony from two witnesses.
She blamed her behavior on nicotine withdrawal, claiming she had just quit smoking.
Lauer's submitted several cases holding that the mere use of the word "fuck" is not disorderly conduct, even when directed at a police officer. He submitted no case, however, establishing that it is legally permissible to use that word 10-20 times in a public building.
But his main argument, in essence, is that although malcontents like Mezzacappa are trying, they are essential to a democracy. Judge Yetter refused to accept that argument as a basis for justifying death threats.
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He did, however, dismiss a harassment charge against Mezzacappa. Lauer persuaded the judge that two separate incidents in January and August were insufficient to establish a "course of conduct."
Mezzacappa was fined $200 and has 30 days to appeal. It is unclear at this point whether she will do so.
Updated 10:50 AM. - On her blog this morning, Mezzacappa shrouds herself tn the First Amendment. "Although it appears that the First Amendment stalled out on Butler Street yesterday, the second amendment is alive and well. And I'm off to Cabella's."
Alrighty then.
77 comments:
She should appeal. She can bring up the duress she was under from a combination of boro official's and Mr. O'Hare giving her such a hard time.
Your obcession and following this woman is disconcerting, Mr.O'Hare.
Was she found "guilty" or "cuckoo for cocoapuffs"?
4:03, funny how you weren't there to show her your emotional support. In fact, other than her paid lawyer, nobody was there for her. She sure can count on you, just so long as you can remain anonymous. And when someone threatens the life of public officials, i think it is highly relevant.
I see that you are going to provide details later. In your details can you advise if the Lauer had a straight face on when he was defending her? Especially when he had to defend the allegation that she used the word f*@! repeatedly.
The funny thing about Anon. 4:03 is that they totally nailed the word disconcerting, but blew the word "obcession."
The funny thing about annon 4:41 is his sarcasim sounds a lot like Bernie O'Hares.
What ever happened to her pig? I thought it would show up for all the emotional support she needed.
the slutty clothes and cheap shoes budget just took a hit
I think she is hot.
I think she is hot.
Mezza is a political prisoner,similar to Nelson Mandela!
I think shes hot too.
who ever said she too hot better get there eyes checked, they must be blind!!!
She's a very attractive woman.
Bernie, stop harrassing this woman. And stop faking your own annonymus comments.
Bern -
I told you Phil would get her off (ooooh, sorry for that extremely unfortunate choice of words). He's like Dracula with whoever the PJ is. Gives them the Bella eyes and "You vill not con-vict to-day, blah, blah, blah" and whammo, he's a winner. DC is a summary, and it won't even be caught an employer's background screen, nor keep her off a ballot, nor stop her from acquiring more firearms.
I have to ask, where the hell were the terroristic threats and simple assault charges? There were mulitple counts, according to your reportage, that could and should have been charged? What the hell is up with the cops and Morganelli's office here? Or, was the security cam video and testimony of those offended of no value for the prosecution?
Something doesn't smell right here.
Any insight?
-Clem
9:28, Anonymous comments, in which the blogger hides his identity or assumes some other name, are dishonest. They would be an insult to my readers. So I don't do it. I take responsibility for every word I write. This kind of cheap and false attack comes from who are themselves anonymous and afraid to identify themselves. They are also an attempt, and a lousy one, to deflect attention away from the fact that has been convicted of disorderly conduct for her threatening behavior and remarks at West Easton Boro Hall.She lost her case despite having one of the LV's best criminal lawyers at her side.
A judge found Mezzacappa to be full of crappa.
Clem, Lauer did not get Mezzacappa off. She was convicted of disorderly conduct. In the age of the Internet, that will follow her when she applies for a job. It could be a basis for revocation of the LTC. I am certainly going to make the Sheriff aware of the conviction.
As far as the actual charges go, I think the charges filed were the right ones. Simple assault requires an actual assault and there was no offensive touching of anyone. Terroristic threats require a heavy burden of proof, and I know for a fact that the matter was closely reviewed by the DA.
Mezzacappa was hired before retaining Lauer, so the suggestion that he had something to do with that is simply wrong.
Lauer did do a great job and did get her off on harassment. But despite Phil's acumen as a criminal defense lawyer, he could not get her off on disorderly conduct. She has been stained, and rightly so. Should she return to Boro Hall and try the same stunt again, I am sure she is going to hate the consequences.
I don't know about you, but if i am charged with disorderly and harassment, and am convicted of either, I sure as hell would not feel like I got ff. Instead, i'd be embarrassed to show my face anywhere, as Mezzacappa should be.
I will add that Officer McMonagle, who tried the case for the Commonwealth, was excellent.
Son Clem, you were not right. You were wrong. She did not get off. She was convicted, despite having a very good lawyer.
Let me finish my saying that the suggestion that Lauer would get some sort of favored treatment bc of his friendship with some judges is an insult to his integrity as well as theirs. It's a myth perpetuated by some jealous people who can't accept the fact that some lawyers are just better than others.
You're a bright guy, but way off on this.
Well, my non-lawyer self thinks, based on the things I've read here (and I'm not being a wise-ass, I trust you way more than the useless "msm" of the LV), (3) below ought to apply. And, if yelling, with multiple witnesses to it, that you are going to kill someone is not a terroristic threat, maybe Marcia or Justin can get to work to fix that little loophole.
As for my observations on the attorney's effectiveness: No insult was intended, and I will bet none was taken (if he even saw it). In fact, quite the contrary. If you have had the opportunity to observe, as I have, it is like Michael Jordan getting the extra step, Koufax getting the wider plate, Coach K getting the make up call without a word to the ref. When you are that good, that respected, you get the call, on the court or in the Court.
§ 2701. Simple assault.
(a) Offense defined.--A person is guilty of assault if he:
(1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
(2) negligently causes bodily injury to another with a deadly weapon;
(3) attempts by physical menace to put another in fear of imminent serious bodily injury;
-Clem
Clem, It would be a stretch. An assault is not necessarily a battery. It can include pointing a gun or a weapon at someone. But waving arms towards someone is not assault. She did come close. She occasionally did stretch her arms towards the Clerk in what could have been construed as a menacing way. But I don't think that's clear beyond a reasonable doubt.
Cops and DAs may overcharge once they file a prosecution, but that's usually when you're dealing with murder or drug cases. In other matters, they tend to be very careful to charge only what they think they can prove. I know that Officer McMonagle and the DA were pressured to file additional charges. But I think they made the right call. And it had nothing to do with Lauer.
It was a well tried case in which Officer McMonagle, Atty Lauer and Judge Yetter did an excellent job. Justice was done. It happens.
"Terroristic threats require a heavy burden of proof, and I know for a fact that the matter was closely reviewed by the DA."
Earlier this year, the District Attorney found that when an anonymous blog commenter threatened to "clip" Judge Michael Koury it rose to the level of a terroristic threat because it caused the judge to be concerned for his personal safety.
I don't understand how a threat to punch one borough official in the face and to kill another by drowning her does not qualify as a terroristic threat under the DA's stated reasoning in the Judge Koury case.
The woman who made these threats has expressed contempt and animosity for these borough officials in the past. She has a license to carry a concealed firearm. I'm sure they were as concerned for their own safety as the judge was. In fact, as a consequence of these threats, the front door of the Borough Hall is kept locked.
I have to disagree with Bernie and agree with Clem. I think the DA dropped the ball on this one.
We all deserve a world free from this type of behavior.
Thanks for exposing it. Now maybe she will get the help she needs.
Trish is really hot.
Judge should have mandated psychotherapy instead.
It's the Adam's Apple.
Blamed it on "nicotine withdrawal"...
Ohhh....now I understand.
VOR
Is Tricia Mezzacappa sorry for her outrageous behavior? Absolutely not.
Even though she was convicted of disorderly conduct, Mezzacappa claims she was "vindicated," according to a blog article she posted this morning.
She says: "Although it appears that the First Amendment stalled out on Butler Street yesterday, the Second Amendment is alive and well." The district judge's court is on Butler Street in Wilson Borough. The part about the Second Amendment seems very inappropriate under the circumstances. What is her point with that remark?
In her blog article, Mezzacappa once again ridicules Kelly Gross and Peter Layman, the two borough officials she threatened. She also ridiculed borough clerk Jill Garcia, the chief witness against her at the trial.
Mezzacappa says: "It was only a summary charge. I hope they had fun because the ride is far from over." I take it she intends to appeal the conviction.
I hope the police chief and the district attorney come to their senses and add a charge of terroristic threats. I can't understand why she has not been charged with that crime, considering the nature of the threats and her lack of remorse.
The man who threatened to "clip" Judge Koury apologized for his stupid comments. Mezzacappa says in her blog article: "I made no apologies."
She can tell prospective employers that her conviction for disorderly conduct is a vindication. I'm sure they'll buy that.
Time to defend myself, if I may. I've refrained from commenting on anything to do with Ms. Mezzacappa, up until now.
On the day in question, she came barrelling into this office like a lunatic. Her behavior was frightening and her mouth was filthy. She physically appeared like a crazed person. I did my job that day. I gave her what she was entitled to. I was not disrespectful or rude to Ms. Mezzacappa. Just simply fearful of her.
Yesterday in court, she got up on that stand and told one bold-faced lie after another. From "maybe I said the F-word once" to "Ms. Garcia egged me on". How can a person lie like she did, under oath?
The "uproar" that Ms. Mezzacappa refers to in her blog was the gasping of the supporters on the Borough's side of the courtroom, after one of her larger false statements. Judge Yetter did in fact ask me to not do that again. He also at the same time found out that I was NOT the one who made the outburst. After the hearing he apologized to me. Get YOUR facts straight Trish.
Vindicated? You were found GUILTY of disorderly conduct. And fined.
Lastly, concerning the names I knew you would resort to calling me, because you can't criticize me in any other way? I'd rather be the "Super-Tub" that I am, than look like a washed up, worn out hooker. How's it feel?
Get a life Trish, just sayin'.
Jill
As she told lie after lie, one West Easton supporter gasped in disbelief. It was not Jill, but Weest Easton Borough Council's newest member. She acknowledged her mistake to Judge Yetter. I agree the gasp was inappropriate, but it did not come from Ms. Garcia.
Jill, I notice that everyone who stands in her way, whether it is you or even Larry Otter, is subjected to all kinds of name calling. That's likely why her only supporter was the lawyer she had to pay to be there.
At 10:20 AM, O'Hare referenced Tricia Mezzacappa's "prospective employers."
In her blog article, Tricia singled out two borough officials who were in the courtroom, stating: "Neither one of them actually work or live any kind of productive life."
Tricia, if you are reading this (and I'm sure you are), what type of actual work do you do? Please fill us in on your productive endeavors. My guess is you are the one with no real job and a very, very miserable life.
To quote Jill, at 10:44 AM: "How's it feel?"
Trish can dish it out and dish it out good, but she can't take it.
Her and a few other blogs won't allow a person to comment on their blog unless they are blog "members." When she opens up her blog to allow us people to defend ourselves, ...
I must be craZy. I am arguing against a craZy woman. Forget it. Strike everything I just wrote.
She needs help and needs to stay far away from society. She is already half way there. She is far, far out. Now she needs to move far, far out.
I can't wait until she starts suffering from PMS, too! For a nurse that is a massage therapist and stays in shape, why the hell does she smoke? Because she is craZy and has a pet pig!!!
Even the Otter stays away from her now. Maybe because he couldn't pull through on the case fixing scam, he got booted.
Strange bedfellows!!!
It was a "disorderly conduct" conviction. The same kind oif thing many drunks get for pissing on the street, right Bernie. O'Hare makes it sound like a felony. He continues to delete any comments that do not attack this poor woman and that is harrasment. I hope she sues him. Apparently she is requesting a PFA.
O'Hare is no reporter and this is not a news source but the Lehgih Valleys Fox News for dingbats.
The Sheriff will toss O'Hare out on his ass, as he shpould.
Can't balme her for goiing to Cabella's. When someone is stalking you so religiously, anyone would feel threatened. When it is an ex, it is even more ominous.
Dude, you got dumped... move on.
"Off to Cabela's" is an implied threat in the context she posted.
Having been disappointed by the First Amendment while shooting her mouth off at her perceived tormentors, she implies she'll test the Second Amendment by shooting a weapon, next time.
Those poor souls. This nut is still dangerous. And when she finally harms someone, all will have been clearly warned.
I am glad to see that Mezzacappa has some anonymous support on this blog. But ehn she needed some supoort in a courtroom, where it might have maattered, her anonymous friends and AllentownBlog Mentor were hiding.
1:42,i made no effort to make this sound like a felony. I painted the picture as it eas presented,andshe was convicted of disorderly conduct after her death threats. Sure, you can equate this to a drunk pissing in the street. But that is somethingthat would bother a prospective employer, just as these death threats will bother a prospective employer.
As for her seeking a PFA for attending a public hearing to support a friend, she has every right to make a jack ass out of herself. She and her Blog Mentorhave been doing that for some time.
As someone who helps make hiring (and firing) decisions, I can tell you that even a disorderly conduct conviction would not sit well with me. There's way too many qualified candidates with much less baggage. The last thing anyone wants at work is a loose cannon.
That said, TM's own blog is enough to convince me I'd never hire her, regardless of any education or experience she may have. For one thing, her shoe choice is a clear violation of the dress code. For another thing, she's put her mental distress online for all to see. It's really disturbing and sad.
Her Cabela's comment is not really an implied threat - it seems pretty overt to me. Bernie, I wish you'd stop talking about this chic - it's adding fuel to an already uncontained fire. I respect your decision to do as you see fit on your blog, but I do worry about you. She's clearly not well, and I wish her the best should she seek the help she clearly needs. If you were to ignore her, Bernie, most of the attention focused on her would simply disappear.
Trisha, you will never learn - to leave people alone, will you? You never tell the truth, and you take statements made to you and twist them around like your perverted mind is.
Bernie is correct - it was not Jill that was out of line - it was me but you were so caught up in yourself you were not even aware of your surroundings and what was actually going on. I am STILL in shock that you could sit up there, UNDER OATH, lie like you did repeatedly, keep a straight face and actually sleep at night.
You also always attack people by negative name calling because you really are a nasty, evil bitch who is actually the one w/o a life AND a job.
Speaking of that, what makes you think I don't have a job? What, do you surveil my house that much that you think I'm always home?
Are you stalking me now too?
If I were you, I'd take a good long hard look in the mirror and see the evil that is inside you because you wreak of it.
Marian
O'Hare can't stop talking about her because he is obcessed by her. She dumped him and then made fun of him. he is an angry ex, and out for revenge. No one went to hearing becasuie rthey know how O'hare will savage them and their family with his blog. He is one mean and vindictive old man.
She has been harrassed by this man for some time now. As to her level of threats, you armchair detectives are just that. Most of you sound like you have your own issues to resolve.
Oh, and Marian-nice mouth!
" No one went to hearing becasuie rthey know how O'hare will savage them and their family with his blog. He is one mean and vindictive old man."
In other words, you are cowards who can attack people but hate being on the receiving end.
Marian, You were never in a courtroom before, and you corrected your behavior immediately after being informed it was inappropriate. It was nice to see you again.
Did Trish's blog mentor show in support of her? That person must be whipped "w/ " a big pussy! Wink-wink. Charge! ;^)
No. Her Blog Mentor (wink, wink) was in hiding, as usual.
You are one sick puppie. No wonder the girl fears you.
Why won't you leave this poor woman live in peace. Not exactly a good sign to any potential female friends out there.
An anonymous troll commenting at 2 AM should be a real expert on women.
Here's the sad irony of Tricia Mezzacappa's life.
Her late father was a lawyer who worked for the federal government enforcing the tax laws. He probably was an honest, dedicated public official.
Her older sister is a lawyer who works for the NJ government as a state prosecutor putting away bad guys. She probably is an honest, dedicated public official.
Trisha, on the other hand, has taken a different path. She disrespects public officials. She is dishonest. She violates the law. This is her second conviction for disorderly conduct. In the past, she was charged with other instances of disorderly conduct, but managed to get off. I wondered if she used the "nicotine withdrawal" defense?
What a contrast from her father and her sister, and what a SHAME!
I am sure her family is very nice, and doubt very much that they are aware of her conduct. The people who feign support, like anonymous troll and her Blog Mentor, were too chicken shit to support her in court. She stood alone, with only a paid lawyer there to back her up. That's bc they are cowards who really don't want to be publicly associated with her. They use her, just as she uses them.
to anon 7:06 you are calling marion out because she used the word bitch to describe tricia?
do you have any clue how many times she used the "f" word on the day in question?
do you know that she would commit to only saying it "maybe" once or twice under oath?
how bout telling tricia 'nice mouth?'
Why did Phil Lauer choose to take up a couple hours of everyone's time defending his client's ridiculous behavior? Wouldn't a guilty plea and a profuse apology have been the wiser and more appropriate course? Based on the fact that the defense had a court stenographer present it looks like they went in intending to appeal. If Mezzacappa and Lauer think its a good idea to waste even more judicial resources on this summary conviction, the police and the DA should consider filing an additional charge of terroristic threats, a misdemeanor, to make it worthwhile for everyone. If Anon. 12:59 AM is correct, it seems that an additional charge of terroristic threats would be warranted.
O'Hare you mentioned "Terroristic threats require a heavy burden of proof, and I know for a fact that the matter was closely reviewed by the DA."
I really hope this was not a missed opportunity for the public safety. I wonder if the court reviewed the whole psych of Mezzacappa for the safety of the public.
This "summary offence", combined with all of the other available evidence, her blog, videos, lying, delusions of grandeur, PFA's, RTK's, so much evidence that may not be terroristic under law, nevertheless it can highly support the strong possiblility that Mezzacappa can be classified as a high risk threat to the public. I'm pointing out pyschologically, there is evidence that something is going on in her head that I think would be diagnosed.
I, (and I expect alot of others and you) believe she is going to be disorderly again in some form and manner, I just hope it isn't worse.
BTW: Her supporters are delirious that she wants peace. After your suit against her, the charges set forth, the public dislike, I thought she would come to some senses but her (possible) illness will not let her do that.
Bernie, give it a rest. She dumped you man.
4:08, Where were you when Mezzacappa needed you? Nowhere. Nor do you identify yourself here, bc you are actually a coward.
Hank Williams Junior is singing "Crazy" just for Tricia. Anybody other than I concerned that she is joking about heading to Cabela's?
I just read that a Mom turned in her son because he planned to go shoot up a movie theater that was showing Twilight. They found him with weapons and a plan.
Isn't anybody interested in what a search of Tricia's house might find?
Though knowing Tricia, she's probably dressed the pig in a sweater made up of C 4 explosive with a garage door remote control as a detonator.
Interesting that how right after O'Hare posts, the vile and malicious annonymous attacks come on line. Of course you are no coward in O'Hare's world, are you annonymous.
The suggestion that I am posting anonymously is false. I have never done that on this blog or at any of the blogs at which I post comments. Don't attribute your own shortcomings and character flaws to me.
Just an observation.
No, it's not "just an observation." It's an accusation that comes from a person who attributes his own behavior to me. Unlike you, I have more respect for my readers than to attempt to deceive them.
To Anonymous 4:14 PM & 7:16 PM & 4:08 PM: The refrain that Bernie O'Hare was "dumped" by Tricia Mezzacappa is getting very, very old.
O'Hare had nothing to do with the events of August 22 at the West Easton Borough Hall. Mezzacappa's behavior on that day - not anything O'Hare did - is what got her charged by the police. It was her behavior on that day - not anything O'Hare did - that got her convicted of disorderly conduct. Maybe the devil made her do it, but surely O'Hare did not.
The only thing O'Hare did was write an accurate account of what occurred at Mezzacappa's summary trial. District Judge Yetter, who after considering all the evidence including Mezzacappa's testimony, found her guilty beyond a reasonable doubt.
Tricia, give it a rest. You broke the law and you were CONVICTED!
What she did on Aug 22 had nothing to do with me. Her subsequent arrest and conviction had nothing to do with me. And how can I be dumped from a relationship that never existed, except perhaps in Mezzacappa's own mind? When things don't go her way, she makes shit up. But she's just not very good at it.
And none of her supposed friends, whether it is her Blog Mentor or the Fake Rev, who egg her on here on the Internet, could be found to support her when she was called to account for her outrageous behavior. The only friends she has are those she can pay.
This lady doesn't get it. As far as I am concerned she should be charged for services by the Easton police and the Borough staff. In my opinion she also made another threat on her blog concerning the safety of individuals who don't agree with her. Clain=ming second amendment rights and "I am off to Cabella's" in my mnd is a threat. Also, why can't she shop locally.
She is equating her death threats to the kind of behavior expected in a democracy, and in her most recent post, hints she might run fir Exec. I'm sure the GOP would just love that.
I almost feel sorry for you West Easton officials. It must be fun to have a hate blog to go after O'Hare's old girlfriend. Remember this, everyone that thinks they are O'Hares friend eventually end up on the other side of his disturbing behavior.
So have your fun now. Just remember thatone day the O'Hare hate nay be aimed at you.
His obsession with this woman is unhealthy and she has surely made the authorites aware of it.
And you are so supportive you don't sign your name now or show up in court.
Bernie, I believe she used you and then turned on you like she has done to others, we know how pathetic the Wicked Witch is.... However, I also believe she is obsessed or secretly wanting the Council President of West Easton. Even you don't write continuous stories about your bromances!
She is definitely out there.
Please leave this poor woman alone.
In other words, don't tell anyone that Mezzacappa, who is now talking about running for Exec, was convicted of making death threats to a public official.
She was guilty of a disorderly conduct, actually much less then what you were charged with when you were stripped of your license to practice law.
Um, I was never charged with anything. She was and has been convicted and can carry that baggage around for the rest of her life. I'm sure prospective employers will have no problems hiring someone who threatens to kill people.
Attempted murder? No wonder you are not allowed to practice law. Disorderly conduct, you know like pissing on the street during a bender.
She was convicted of making death threats against a public official. Deal with it.
Conspiracy to commit murder? No wonder you no longer practice law.
Nobody said that. No wonder you remain anonymous.
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