Northampton County's Mini-Judge Races

After spending most of the last two weeks discussing the mudslinging in the Northampton County Council races, you might think that's the only show in town. But we will decide many other races on Tuesday, including new mini-judges in Nazareth and Easton. In this post, I'll describe both races.

What is a mini-judge? I've talked about this before, but it's worth repeating. "District Justices have jurisdiction over minor criminal offenses, traffic offenses, landlord/tenant matters and other civil actions where the amount claimed does not exceed $8000.00. In misdemeanor and felony cases, District Justices have jurisdiction to issue arrest and search warrants, hold preliminary arraignments and preliminary hearings and set bail. They also have authority to perform marriages, handle protection from abuse matters and issue subpoenas. They also may impose summary punishments for criminal contempt." I have the record for most overtime parking tickets in Nazareth, so I know the office very well. Although the annual salary for this position is $74,566, most magistrates consider themselves part-time workers.

Nazareth Magisterial race: John Capobianco is a vote for common sense

Back in the primary. Falcone made the mistake of posting a comment on my blog that, among other things, attacks me. Can't fault her for that. If anything, that's probably in her favor. I am a miserable bastard. But she also said this about herself. "I graduated from Moravian College ranked 10/365 with a 3.88 GPA. ... I cannot denounce a good scholastic record. I was also ranked 5/118 at Pen Argyl High School. Academically and in legal qualifications/experience, I far surpass my opponents." Seriously, who the hell remembers how they were ranked in high school? That should set off a few bells and sirens.

Now she's telling folks she's a "current arbitration panelist issuing actual judgments in civil cases." In other words, she's already basically a judge.

In truth, every lawyer sits on three-lawyer arbitration panels from time to time. I did it, too. And contrary to what Falcone claims, they have no power to issue judgments. Their awards are meaningless in the event of an appeal. You can execute on a judgment, but can't do diddly with an arbitrators' award. After getting those high grades and twelve years of "practical legal experience," you'd think Falcone would know that little tidbit.

In sharp contrast to Falcone, John Capobianco is a graduate of the School of Common Sense. Most lawyers seem to lack that trait, but it's essential to keep the peace in a smaller court. That's why Elmo Frey was such a good magistrate. That's also true of nonlawyer John Gombosi, who kept the south side of Bethlehem from exploding for many years.

John would like to relocate the magisterial office to Nazareth's new municipal center. That will result in a public, instead of private, landlord. Concerned about the proliferation of drugs and gangs, he'd visit classrooms on a regular basis to explain the problems caused by both. He'd be a visible presence in the community. Cap tells me he will seek no other job if elected as magistrate. He won't try to supplement his income.

Easton Magisterial Race: Flip a Coin

Easton's magisterial seat consists of Williams Township, Glendon Borough and Easton's south side. Residents there are very lucky to have two class acts running for mini-judge - Easton council member Dan Corpora and Attorney Brian Monahan. But they're unlucky because they can only elect one.

Corpora, an affable and soft-spoken Easton leader, detested the mudslinging directed by Tom Severson at Monahan during the primary and publicly condemned it. "That type of politics is what turns voters off from the whole process." When approached by Severson, Corpora refused to hire him.

Before the primary, Corpora lacked a certification, but earned that last month. Corpora promises to bring a "common-sense" approach to the job, and that is the layman's perspective. But Monahan, instead of hauling out diplomas and class standings, quietly speaks of protecting the legal rights of everyone in the community. As a matter of full disclosure, Monahan represented me when I sued the county over its megabond. He never charged me a nickel.

I don't feel I have a right to make an endorsement in this race, except to say that I'd be happy with either candidate.

Tom Severson, King of Sleazeball Politics, Behind Monahan Smear

On Friday, I told you about the primary race for Easton's magisterial district of Williams Township, Glendon Borough and Easton's south side. Brian Monahan, a Republican lawyer, was in a three-way battle with designer Cindy Greene, another Republican, and Easton councilman Dan Corpora, a Democrat.

About a week before the election, the bombs started dropping, not from the sky, but from mailboxes. In three massive mailings, Monahan was unfairly and maliciously tarnished as an unethical lawyer who obstructed justice. He was accused of preventing "the prosecution of a heinous double murder," a blatant lie! The author of these defamatory attacks? He refused to identify himself.

Naturally, Monahan initially assumed he was being attacked by one of his opponents. But as bad as he felt, his opponents were even more depressed. You see, they were blameless. I spoke to both of them at the time. You could hear it in their voices. Disgust.

Corpora learned this mailing came from the same bulk mail permit he used for his own campaign literature. And Cindy Greene was immediately accused of trying to knock Monahan off so she could get the republican nod.

I spoke to Corpora and Greene yesterday. Dan tells me, "I have a lot of respect for Brian and what he's accomplished," and was very proud of the positive campaign. He's still quite upset over what has happened. Cindy is even more specific. "I am just so aggravated. I see a lot of people are turned off by politics." Greene tells me that on election day, a few voters marched up to her and said, "I'm not voting for a mudslinger. I'll vote for Monahan."

Severson's Bogus "John Doe" Report

Last Thursday, the anonymous culprit who attempted unsuccessfully to sleaze Monahan crawled out from under his rock to file a 30 day post primary report as an "independent expenditure." Identifying himself as John Doe, he claimed one payment of $861.91 to Precision Marketing for mail on May 21, nearly a week after the primary, long after the three mailings had gone out.

Although still claiming to be "John Doe," this anonymous filer is known to me. He's Tom Severson, owner of Precision Marketing and King of Sleazeball politics.

How do I know this? Not long after the mailings went out, I talked to District Attorney John Morganelli. I told him he could send a detective with Pat Vulcano, the bulk mail permit holder, and get all the records for the bulk mail permit. That way we'd know how much was paid for these three mailings and who sent them.

"I'm not going to do that."

"Why not?"

"I already know who sent those mailers. It's Severson."

Morganelli assures me anonymous mailers are legal, and handed me a pile of memos to that effect, but they involve inadvertent violations of elections laws. This is something different. I told John the law may permit anonymous mailings, but the person who pays for them must be identified. Finally, I told John these mailings violate other sections of the elections code, relating to reports.

"We'll have to wait and see," John smiled. John and Tom are pals, and it's time he refers this to the AG without running interference for Severson.

What election laws are we talking about?

According to our Elections Code,

* A person who pays for a direct mailing designed to influence an election must "clearly and conspicuously" identify himself. The author can be anonymous, but the person who pays must disclose.

* Any person who spends more than $100 to advocate the defeat of a clearly identified candidate, is subject to the same reporting requirements as any candidate or committee.

* Any person making an independent expenditure of $500 or more after the final pre-election report, must report that expenditure within 24 hours.

* Violating these laws is a misdemeanor that can get you two years in Northampton County's overcrowded slammer, and District Attorney John Morganelli or Attorney General Tom Corbett has full authority to prosecute.

Severson, who paid money to defeat Monahan, failed to identify himself. He clearly paid more than $500 to send these mailers about a week before the election, but did not report this expenditure within 24 hours. His "John Doe" report, in which he refuses to identify himself, is a mockery because it's clear that three mass mailings cost much more than $861, and those payments were made before the primary.

Cindy Greene has yet to file her post-election report. She was at the beach last week.

Here's what she tells me, "Why file anything? A lot of people don't even want to vote anymore. I can guarantee you I don't get any special privileges. I am going to pay a late fee, but some people are above the law."

She also raises a pretty good question. How the hell does an anonymous John Doe get his signature notarized? "What does he do, whip out a license showing his name is John Doe?"

Severson's "John Doe" report is notarized by Priscilla M Jroski, a notary presumably following the directions of Severson's lawyers, the Leeson law offices. As much as I respect the lawyers in that firm, this is bullshit. A notary exists to identify the person appearing before her, not obscure that person. She must have personal knowledge or satisfactory evidence in the form of a driver's license or other form of identification.

The report is a sham. Norco elections solicitor Chris Spadoni told the Express Times he's never seen anything like it. That's because it totally defeats the purpose of our campaign finance laws, which are intended to encourage disclosure, not hide expenditures in a shroud of secrecy.

Who is Tom Severson, and why is he after Monahan? I'll answer those questions later this week.

It's Monahan v. Corpora for Easton Mini-judge

A mysterious last-minute smear campaign against Attorney Brian Monahan appears to have back-fired. With 338 votes, he easily captured the Republican nomination in Easton's magisterial district of Williams Township, Glendon Borough and Easton's south side. But Easton councilman Dan Corpora just as easily got the Democratic nod, garnering 546 votes.

Monahan and Corpora will face off in November. Combining both parties, we have the following vote totals: Corpora - 737; Monahan - 659; and Greene - 202.

In Easton, it's Monahan for District Judge

Easton's magisterial seat consists of Williams Township, Glendon Borough and Easton's south side. Attorney Brian Monahan is in a three-way battle with designer Cindy Greene and Easton councilman Dan Corpora.

As a Democrat, I lean towards Corpora, an affable and soft-spoken Easton leader. But there's no doubt in my mind that Monahan is by far the most qualified of the three. He's the only one who can hit the ground running. The other two have not been certified.

And I deeply resent an anonymous outsider's last-minute sleaze attack at Monahan. Looks like Monahan offended some pretty powerful people, probably by doing the right thing. We need people with that kind of integrity on the bench.

Mudslinging at Monahan Engineered by Someone Who Knows Politics

They can't sentence you to the electric chair for twenty years or have you flogged. But it still must be a trip to be a mini-judge, or district judge. You get to wear cool black robes and everyone has to call you, "Your Honor." Mini-judges handle the small claims - minor criminal cases and civil actions under $8,000. But the annual salary is $74,566, not bad for a position most magistrates consider a part-time job.

Unfortunately, the race for Easton's magisterial district of Williams Township, Glendon Borough and Easton's south side, has turned ugly. Smear tactics, or guerrilla politics, have victimized Brian Monahan, a Republican lawyer in a three-way battle with designer Cindy Greene, another Republican, and Easton councilman Dan Corpora, a Democrat. Both Corpora and Greene convincingly deny being involved in dirty politics, but someone is trying hard to trash Monahan. And it's someone who knows how campaigns work.

It all started with campaign signs. Every candidate moans about campaign signs disappearing. Mother Nature and landscapers often have more to do with removing them than anyone else. But in Monahan's case, someone pulls them out hours after they are posted, rips them in half, and dumps them in Monahan's yard. The person who tells me this? Cindy Greene.

Then we have the anonymous mailers. Two have gone out, one for Dems and one for Rs. They are vicious distortions of Monahan's career as a defense attorney. It is impossible to defend against them without violating attorney-client privilege. Monahan is falsely accused of preventing "the prosecution of a heinous double murder." "We deserve an ethical judge who will be tough on crime - NOT Brian Monahan!"

Neither of these mailers is signed, and that violates The Elections Code. A person who pays for a direct mailing designed to influence an election must "clearly and conspicuously" identify himself. That's the rule, bippy. No anonymous comments. And any person who spends more than $100 to advocate the defeat of a clearly identified candidate, is subject to the same reporting requirements as any candidate or committee. Violating these laws is a misdemeanor that can get you two years in Northampton County's overcrowded slammer, and District Attorney John Morganelli has full authority to prosecute.

So who's behind this smear campaign? Corpora? Greene? Vulcano? Easton Dems acting without Corpora's knowledge? All but Greene have ready access to Vulcano's bulk mail Permit #172. Vulcano could find no record that Greene had ever used it. So Greene is in the clear.

I spoke with both Corpora and Vulcano at length, and these guys have never operated this way. They both have a history of clean campaigns. Why would they go dark now? I believe their denials.

That leaves Easton Dems. They're partisans so it must be them, right? Wrong. And let me explain why. It's all in the label. I might recognize someone from a distance because of the way she "wiggles when she walks." Labels are distinctive, too, and each outfit does it a little differently. One person I know has already identified the sender. This conclusion is based solely on the distinctive label.

Now I'm not about to identify anyone based solely on one piece of circumstantial evidence. I might lose my jeep in a libel suit. But here's a little more. This person, a political consultant, happens to hate Monahan. A few years ago, Monahan sued this suspect and had the temerity to win.

Getting warmer? Yep, but that's not enough, either. After all, who the hell likes Monahan? But here's a little more. This consultant is on friendly terms with Vulcano and has used his bulk mail permit for dems and items he doesn't want to come back to him.

So we've got motive, opportunity and means. Only a very small and elite group have the skill and dough to pull off a smear campaign. Book 'em, Danno!

I'm really suspicious, but can't be positive about this sender without more. There's no smoking gun. But I can get that by having the post office produce the check that paid for each mailer. Postal authorities might resist a Freedom of Information Act request from me, but I don't think they'll turn away the DA.

Today, I'll turn this flier over to the DA. After all, this really is a criminal matter. Unfortunately, it's unlikely we'll learn who's responsible until after the election. It's unfair to all three candidates. They're all tarnished when this happens.

The truth always has a way of coming out. Secrets are hard to hide in Northampton County.

This just in! I've just been told that this political consultant, who has never run for for office, did much the same thing in a local race not long ago, misappropriating a bulk mail permit to launch a smear campaign.

Cindy Greene Condemns Sleaze Politics in Williams Township

Mini-judge hopeful Cindy Greene has joined her opponent, Dan Corpora, in condemning the mudslinging directed at Brian Monahan in two anonymous mailers. I'll have more to say about this campaign tomorrow, but want to post Cindy's comment as a separate blog.

My husband also received the negative mailer about Brian Monahan. Researching permit #172, it is not only Pat Vulcano's but a Democratic user permit number. I am a Republican and Pat Vulcano can attest that I did not request to use this permit or anyone associated with me.

Having met both candidates at the two "meet the candidate nights", both Corpora and Monahan seem to be very nice individuals. When I ran for Supervisor in Williams township two years ago, I also did not engage in negative campaign tactics. I also agree with Dan Corpora and do not promote negative campaign tactics nor do I bad mouth either candidate. I am busy going door to door working on my own campaign in a positive manner.

What's most important is that voters get out to vote on May 15th for the candidate they feel will serve and better our community for the future.

Dan Corpora Condemns Sleaze Campaign Targeting His Foe

I've just told you that mini-judge wannabe Brian Monahan has been slammed in an anonymous mailer. He can defend himself only by violating attorney-client privilege.

Monahan has a defender. It's one of his opponents!

Here's what Dan Corpora has to say.

I have just been made aware that a second mailer was delivered today, this one is also an anti-Monahan piece. I have had no knowledge of either of these mailers, and would NEVER approve of this type of campaign.

Four years ago, I was unsuccessful in a bid for Easton's Mayor, losing by only a few votes. Many people have told me that I would have won if I had aggressively "gone after" my opponent. I would not do it then, and certainly would not do it now. That type of politics is what turns voters off from the whole process.

I respect my two opponents in this race, and hope the voters decide who they want to serve them as District Judge, not on these mailers, but on our experience, background, and commitment to our community.

A class act! Very refreshing!
Update: Thanks to Lehigh Valley Housewife, I have a copy of one of these mailers. It's stamped with bulk mail permit #172, and that's registered to Pat Vulcano. Many items from different campaign have been mailed using that bulk mail permit. But Vulcano would have to authorize someone to send the flier in question, even if he never saw it. I've called Vulcano, and will tell you what he tells me.
Update #2: I don't know if any of you have ever spoken with the loquacious Pat Vulcano, but he was very helpful. He explained permit #172 is actually registered to him, his wife, the Northampton County Democratic party, and the Easton City Democratic committee. He told me Bethlehem Dems have used it and it may have been used in the last municipal race in Williams Township. Although it only happens rarely, some Republicans have used his bulk mail permit. He has no idea who sent out the negative mailers, and never authorized its use. He was never sent a receipt from the post office to indicate the number of items mailed, the cost and when they were sent. I'll have more to say tomorrow.

Brian Monahan, Easton Mini-Judge Candidate, Victim of Slime Campaign

Easton's magisterial seat consists of Williams Township, Glendon Borough and Easton's south side. Brian Monahan, a Republican lawyer who has served on the state committee and as solicitor to a Republican county council, is in a three-way battle with designer Cindy Greene and former Easton councilman Dan Corpora.

Monahan represented me when I sued the county, so you might think we're pals. We're not. I don't like him. We had a falling out several years ago. Lawyers are usually lousy district judges. No common sense.

But something is going on in the dark corners of Williams Township, and it needs to stop. Monahan is being slimed. A vicious anonymous mailer is being sent to voters. Here's what Lehigh Valley Housewife tells me.

I received a mailer that said, "WARNING - Important information regarding: Brian Monahan Candidate for Magisterial District Judge" in large black and white letters on one side. On the other side the mailer said, "Brian Monahan prevented the prosecution of a heinous double murder - JUDGE FOR YOURSELF." Then it has an EXCERPT (although the reader won't know this since it's not labeled as such):

"The Morning Call - December 10, 1995 - 'Dorney, 18, said he met with Monahan in July to discuss what he knew about the June 29 shootings of his girlfriend, Mary Orlando, 15, and her best friend Jennifer Grider, 17. Dorney maintains Monahan believed he was a 'prime suspect' and told him to 'keep everything to myself.'''

"I don't have a problem with a lawyer explaining options," said Edward Ohlbaum, a former Philadelphia Public Defender and a professor at Temple University School of Law. "I do have a (personal) problem with a lawyer advising a client not to come forward."

"Bethlehem Police Commissioner John Yerk on Friday said that because of Dorney's delay in coming forward with the information, it took investigators more than five months to charge Christopher Bissey, 18, of Salisbury Township with the shooting the girls at the Lookout on Bethlehem's South Side. Police charged Bissey with criminal homicide early Thursday, two days after Dorney met with detectives."

Ironically, at the bottom of the mailer it says, "We deserve an ethical judge who will be tough on crime - NOT Brian Monahan!"

Yes, it's quite ethical to send out a mailer slamming your opponent without identifying WHO is sending the mailer. I am not necessarily a pro-Monahan person (I may vote for Corpora), but this really bothered me for obvious reasons: we have a person who wants to be a JUDGE who is employing an unethical campaign! The voters have the right to know who is putting out this garbage! I call it garbage because the article was taken out of context. Furthermore, the person has to know that Monahan can't defend himself against this because of attorney/client privilege.

Brian Monahan is a quiet guy, and sometimes may give the impression that he's not the sharpest tool in the shed (although he graduated cum laude from Villanova Law, so I'd say that looks can be deceiving). Sharp or not, Brian IS a person who conducts himself in an ethical manner and he does not deserve to have this mailing sent out slamming him.

As far as who did it . . . Well, Corpora has run for office before and didn't rely on negative campaigning. On the other hand, the other candidate, Cindy Greene, has been bad-mouthing Monahan and Corpora during her entire campaign (including these allegations about Monahan), so if I were a betting woman, my bet would be placed on her.

It's extremely disheartening to me to see such dirty tactics being used at a low-level campaign. It's even further troubling to know that it's being used for the position of district magistrate! How can we expect that person to be a good magistrate if she can't even follow the rules of disclosure?

I'm pointing no fingers, but this is about as low as someone can go.