Morganelli Continues to Professionalize DA's Staff

NorCo DA John Morganelli is something of an enigma. When he first became DA, he had 13 part-time assistant DAs on his staff. Now these are political plums he could hand out to lawyers who could help him get elected to other offices. But instead of engaging in political patronage, he embarked on a quest to professionalize his staff. He did not fire his part-time assistants. But as they've retired, he has gradually been replacing them with career prosecutors.

Last night, he asked Council to approve the elimination of two part-time assistant DA positions so he could create two full-time positions He said he could find the money for this within the approved budget for his office.

If Council said yes, he'd be left with just four part-time DAs.

He has lost a top prosecutor to the US Attorney's office, while another has been battling a serious illness. Two others have been recruited by the FBI. "It sort of felt like the Titanic, down there in the DA's office," he joked. At the time he first made his request, his office was in trial on three different homicide matters simultaneously. All resulted in first degree murder convictions a=with a life sentence. Since that time, there have been three homicides in Palmer Township alone,as well as a rash of cellphone store robberies.

"We're really, really pressed for experienced folks," he told Council. He said adding experienced prosecutors "will enhance our office. I think we do a good job of prosecuting serious crime in this county,and with your help, we'd like to continue to do that."

With no discussion, Council unanimously approved Morganelli's request.. .

Morganelli: Revive Independent Counsel Act

NorCo DA John Morganelli

Few dispute that our courts have inherent powers to do whatever they need to do to make sure their orders are followed. Northampton County District Attorney John Morganelli, who incidentally is the most senior DA in the state, agrees with this principle. He has no quarrel with the Pa. Supreme Court's recent decision that sanctioned the use of a special prosecutor to investigate Grand Jury leaks. A special prosecutor was sought because that leak might be Attorney General Kathleen Kane herself. According to the Grand Jury, it was. Clearly, something had to be done. But in Morganelli's mind, there's still a "void" in this appointment process that has, at least in Kane's case, led to accusations of witch hunting. He believes we're better off providing the legislative framework for a special prosecutor. So he is asking the state legislature to revive the expired Independent Counsel Authorization Act.

For five years, in reaction to the prosecution and conviction of then AG Ernie Preate, Pennsylvania had an Independent Counsel Act, which laid out a process for investigations leading to the state's top prosecutor. But that law expired in 2003, and has never been revived.

There certainly is a reason to be concerned, as one justice has put it, about judges who "embark on independent ventures, sailing in ships without sails of authority, using engines devoid of constitutional power ad employing a compass lacking decisional direction."

Ironically, as DA John Morganelli was calling for a legislative framework, a state senate leader was unknowingly obliging him. According to Citizens Voice, Majority Whip John Gordner, R-Berwick asked fellow lawmakers to join him on Wednesday in re-establishing the Independent Counsel Authorization Act.

But nobody disputes that judges must have the authority to ensure that their own orders are being followed.

A prime example of this is United States v. Shipp, which is the only time that the United States Supreme Court conducted a criminal trial. A local sheriff and several others went to jail for contempt. Behind this trial is the Court;'s inherent authority to see that its own orders are followed.  It arises out a rape case in Tennessee, nearly 100 years ago.

All the victim could remember later was that her assailant had been black. The local Sheriff arrested a black man, who was charged and convicted despite the victim's inability to be sure that he was the man. He was sentenced to death. As evidence mounted that made it increasingly clear that that he had been framed, his unpopular black lawyer took the unheard of step of asking the Supreme Court to intervene. Even more unlikely, Justice John Harlan agreed to do so. He issued what is known as a writ of habeas corpus, demanding that state officials surrender the convicted prisoner into the custody of a United States Marshall.

Instead of doing that, the sheriff and others turned their heads the other way as an innocent man was dragged away and lynched.

Obviously, a Court is useless unless it has the power to ensure its own orders are followed.

Blogger's Note: This story, originally published at midnight, has been updated to reflect that the state Senate majority Whip has called for re-establishment of the Independent Counsel Authorization Act.

Superior Court: Child Rapist and Murderer Deserves No New Trial

Pennsylvania's Superior Court today refused to grant a new trial to an Easton man first convicted in 1989 of the rape and murder of an 11-year old child whose body was found near an abandoned railroad on the South Side. He was sentenced to life in prison. The Innocence Project claimed that Scott Oliver was entitled to a new trial  based on inconclusive DNA tests.

Oliver provided the beer for a group of minors, which included the 11 year old Melissa Jaroschak, on August 20, 1989. He attended a party with them, was seen spending time alone with her and occasionally walking with his arm around her. They left the party together at about 8:30 p.m. that evening.

She never made it home.

When her body was found, an autopsy revealed she had been beaten, choked, raped, sodomized and then strangled to death with her own sweatshirt. Though he initially claimed he had done nothing more than walk the victim home, he later gave police a four-page confession.

In a statement, NorCo DA John Morganelli indicated that Oliver had been successfully prosecuted by his predecessor, Don Corriere. Morganelli handled the subsequent appeals. "Today should put this case to rest for all time," stated Morganelli, hoping that the Court's opinion puts "the victim's family at ease knowing that Mr. Oliver will die in prison serving out his deserved life sentence."

Morganelli to Review Police Shooting Death With PSP on Monday

Richard Scheuermann, from Wilson Borough, died in late October after a police chase that went through several municipalities and only ended when he collided with a pole at 13th and Spring Garden in Easton. Police form both Easton and Palmer Tp fired several shots when he backed his vehicle from the pole,in what may have been an effort to run over police officers. It is unclear whether he died as a result of gunshot wounds or from stabbing himself in the neck.

The officers who shot at Scheuermann were placed on administrative leave, and the matter has been investigated by the Pennsylvania State Police.

Late this afternoon, DA John Morganelli's office issued this statement: "Northampton County District Attorney John Morganelli has scheduled a joint meeting with Pennsylvania State Police investigators and the Office of Northampton County Coroner for Monday December 8, 2014 to review the investigation into the death of Richard Scheuermann that ocurred in Easton, Pennsylvania. At that time DA Morganelli will determine whether there is a need for any additional investigation or whether the matter is ripe for a determination as to all issues surrounding the matter."

Morganelli Supports Amnesty For Drug OD Whistleblowers

DA John Morganelli

District Attorney John Morganelli has joined the bipartisan chorus supporting changes in state law that will guarantee immunity to minor drug offenders who report drug overdoses to emergency responders. At a June 16 news conference, he referred to legislation currently being considered by State Senate majority leader Dominic Pileggi. A similar proposal unanimously passed the State House in May. "Saving lives should take precedence over prosecuting minor drug cases," reasoned Morganelli.

A recent study by the Centers for Disease Control and Prevention warns that drug overdose deaths have doubled between 1999 and 2010. Many of these are from prescription painkillers, which have killed more than 15,500 people in the United States since 2009. In addition to the fatalities, emergency department visits for prescription painkiller abuse have doubled in the past 5 years to nearly half a million.

In Northampton County, the problem is acute. According to the Pennsylvania State Coroners Association, 149 people died in Northampton County from drug overdoses between 2009 and 2013. By contrast, in Lehigh County, there were only 40 deaths. In Monore County, there were only 32 deaths.

Northampton County has a larger number of colleges than Lehigh or Monroe County.

Morganelli calls the proposal, which still allows the prosecution of drug dealers and drug induced homicides, "reasonable legislation to encourage individuals who are aware that someone is in harm's way as a result of a drug overdose to contact 911 without fear that the good deed could land them in jail."

According to the National Conference of State Legislatures, 34 states have introduced bills this year to minimize the number of drug overdose deaths. Morganelli added that 19 states already have some form of amnesty.

In Pennsylvania, Governor Corbett signed legislation in 2011 that provides legal amnesty to underage drinkers who call emergency authorities to help a friend with an emergency, alcohol-related, illness.