Yesterday, she lost her appeal of a harassment conviction arising from an incident that occurred last year, both at West Easton Borough Hall and on her blog. A three-judge panel of the Pennsylvania Superior Court ruled against her, less than a month after oral argument. The 12-page decision, penned by Judge Patricia Jenkins, affirms rulings by Northampton County Judge Craig Dally, as well as Magisterial District Judge Richard Yetter.
Mezzacappa's conviction for harassment is the result of both online taunts directed at a West Easton Borough Council Clerk, as well as threatening and abusive behavior that included constant kicking and banging at the doors to Borough Hall after being told to wait for a police escort.
"We're afraid of her," the Clerk told Judge Yetter at the time of her original trial, in which she described Mezzacappa's fantasies of putting a hollow point bullet through my skull. She also described a bizarre gun video made by Mezzacappa, containing words like "You better outrun my gun" and ending with a coffin and a picture of the West Easton web page.
"That's not what a normal person does," said this Clerk. "I really believe she would do these things. She doesn't seem reasonable to me. "
She complained that prospective employers and even her children can see the hateful and hurtful things Mezzacappa has posted about her.
"I just would like it to stop," she told Judge Yetter. "It's relentless. I don't want to come to work now."
She eventually did quit her job and now works in another municipality.
Mezzacappa was convicted by District Judge Richard Yetter, who imposed a $200 fine.
"This is the second time," Judge Yetter told Mezzacappa. "I don't want to see you back here." A few moths before, Judge Yetter convicted Mezzacappa of disorderly conduct following a summary trial in which two witnesses testified that she had threatened to kill West Easton Borough Council Prez Kelly Gross.
Mezzacappa appealed for a de novo hearing, and sought several continuances based on claims of illness. When she went to trial before Judge Craig Dally, she had a Philly lawyer by her side.
It made no difference. She was convicted again, but Judge Dally increased the fine to $300. That is the maximum allowed.
Claiming poverty, Mezzacappa was granted permission to appeal her conviction to the Superior Court.
At oral argument, she was represented by Bucks County lawyer Larry Otter.
Mezzacappa’s disconcerting and offensive blog posts, in addition to her verbal insults to Garcia, suffice to establish that she engaged in a course of conduct that served no legitimate purpose and annoyed and/or alarmed Garcia.The Clerk testified,
“[Mezzacappa] runs a blog called West Easton Footprint where she’s posted videos of guns and caskets next to the borough hall, and she’s made open threats against council people . . . . [Mezzacappa refers to me as] super tub. I’m giant [Clerk].” Consistent with Mezzacappa’s pattern of calling the clerk derogatory names, [she] further testified that, on the date at issue, Mezzacappa stated [the clerk] outweighed her by 400 pounds, that she was concerned what Mezzacappa would write next on her blog, and whether her kids would find these hurtful comments when searching the internet for her name."
Blogger's Note: You can see the Opinion here.