Easton NAACP Prez Acquitted on Theft Charges

Easton Barristers Josh Fulmer, Colin Monahan & Phil Lauer

John Moses Robinson, President of the Easton NAACP and Prison Advisory Board member, has been acquitted of criminal charges that he stole $55,000 from his mother-in-law. A jury of 9 women and 3 men reached a "not guilty" verdict last night, after a four-day trial. They deliberated for little more than an hour.

Robinson's estranged wife thought she'd be getting that money, even though her mother actually lived with Robinson and his three children.

"I have been told we have a verdict, although I don't know what it is," Judge Michael Koury announced as he came into the courtroom.

While everyone waited for the jury, an apprehensive Robinson sat next to lawyers Phil Lauer and Colin Monahan. Robinson's children sat in the row behind their Dad. Five deputy sheriffs were strategically located throughout the courtroom.

While waiting, onlookers whispered to each other about just when the jury left to deliberate, 6:15 PM or 6:25 PM. "The jury went out to deliberate at 6:11 PM," answered Judge Koury. "The acoustics in this room are excellent!"

Either that, or he has superpowers.

Veteran prosecutor Mike Filingo arrived a few minutes before the jury, with a disgusted look on his face. He seemed to sense he had a loser.

There were three charges, so the jury's foreman had to answer "Not Guilty" three times. But as soon as he announced the first "Not guilty" verdict, there was a visible sign of relief from the largely pro-Robinson crowd.

After announcing their verdicts, Judge Koury thanked the jury. "Thank you for staying here late tonight. You have arrived early and stayed late. You have served the County of Northampton very well and you are free to go." He then turned to Robinson. "Mr. Robinson, you have been found Not Guilty by a jury of your peers. You are free to go."

It was only then that Robinson, dressed in his finest, began to really cry. Turning around, he reached out for his children and they all hugged each other. His nightmare is finally over.

Normally very talkative, a very relieved Robinson had few words after the verdict. Joined by his children, he quickly left the courthouse.

All the might and power of the Commonwealth of Pennsylvania had been brought to bear against him. That even included Northampton County Controller Steve Barron. I knew he already considers himself a County Executive, asbestos investigator and union organizer. Apparently, he's a criminal investigator, too. Although absent for the verdict, rendered at dinner time, the $65,000 per year Controller spent the entire week sitting in on this trial.

How can Barron audit the DA's office when he works for them? Isn't that a built-in conflict? And while he's running around playing detective, who's minding the finances of Northampton County?

At the magistrate's level, Barron essentially usurped the fact finding role reserved to juries. In addition to detailing Robinson's bank transactions, Barron would add they were "interesting," raised red flags and even revealed a "veil of deceit."

Thanks to a good defense team and a fair prosecutor, this nonsense stopped once a jury got involved. Lead defense attorney Phil Lauer, objecting to Barron's qualifications as some kind of fraud expert, filed a motion in limine to preclude the County's supposed fiscal watchdog from essentially telling the jury that Robinson is guilty.

After some initial opposition, prosecutor Filingo agreed, especially since it appeared likely that Judge Koury would rule in Lauer's favor anyway. To his credit, Filingo kept Barron on a tight leash during the trial, shutting the Controller down when he still tried to stray into matters that are beyond his competence.

As a result, Barron had little to say.

You might say justice was done because Robinson was innocent anyway ... or because he had good character witnesses ... or because a jury saw through Robinson's estranged wife, who wanted that money for herself. You might even be right.

I say justice has nothing to do with it. Robinson won because he had a good legal team.

Easton lawyers Phil Lauer, Josh Fulmer and Colin Monahan did a great job in jury selection, making sure that the jury of Robinson's peers actually included three African Americans. And 9 women? That's obviously because Lauer was going to argue that this was a "Hell hath no fury like a woman scorned" case, as opposed to a criminal matter. Although it's hard to generalize, you do that in jury selection, and women do tend to be tougher on each other than they are on men.

In addition to picking a sympathetic jury, Lauer effectively clipped the Controller's wings.

If the Commonwealth ever decides all its resources down on you, it helps to be innocent. But you better have a good lawyer, too. Fortunately, Robinson had one of the best.

Colin Monahan, incidentally, is the son of another good criminal defense lawyer, Brian Monahan. This was Colin's first criminal trial. I told him to quit now and he can claim he is undefeated.

Blogger Who Threatened Judge, Online, Avoids Prosecution

An Allentown resident who threatened a Northampton County judge has dodged a bullet. That's the decision of District Attorney John Morganelli, announced during a February 27 news conference.

Allentown resident George Charles has threatened Northampton County Judge Michael Koury three times in online comments at The Morning Call webpage, posing as Montikea.

On February 9, Charles stated in part, "... Professional conduct? Meet me anytime behind the courthouse and I'll give Koury justice, and it won't be professionally done." The following day, Charles posted another critical comment, stating that "Koury needs to 'get clipped' one night after court's done."

Concerned about his personal safety, Judge Koury asked the DA to investigate. The first-term jurist also confronted defense attorney Dennis Charles, George's cousin, in open court about the incident. Stunned, Attorney Charles denied any knowledge of the matter. Judge Koury later apologized to the lawyer and recused himself from a matter in which the attorney was involved.

As a result of his investigation, Morganelli told reporters that a prima facia case of terroristic threats, a first degree misdemeanor carrying a punishment of five years imprisonment and $5,000, had been established. But the prosecutor had decided against a prosecution because George Charles has expressed remorse, has apologized to the judge and his family, and Judge Koury is satisfied with that result.

Morganelli stated the outcome could be vastly different with a different DA or judge. Another jurist might not be so forgiving. And Morganelli acknowledged he is something of a purist who in the past has dismissed prosecutions against people exercising their First Amendment rights by distributing leaflets outside a post office or flying a flag upside down.

Another prosecutor might have a less tolerant view, Morganelli warned.

"Citizens should feel free to comment freely and to criticize freely any of us," the prosecutor stated. "However, we would only ask that all citizens be mindful of the terror that could be brought to those who are in the system and who are vulnerable to retribution by individuals who are adversely affected by decisions that are made in our courts."

Morganelli stated his office reviews several threats against judge every year, but they usually come from prisoners.

Blogger's Note: You can read Morganelli's Statement here.

Has Judge Koury Reneged On Campaign Pledge?

"A judge should avoid even the appearance of impropriety on the bench. ... I would ask to be disqualified from any case in which any contributor to my campaign appears before me as a party. I have made these pledges because I believe it is important that campaign contributions do not influence, or even have the appearance of influencing, a judge’s decisions."

Pretty impressive, eh? That's the solemn promise Michael Koury made during last year's Northampton County judicial race. He made the same pledge in his 2001 and 2003 races. The third time must have been the charm, and Michael was elected. But just three months after being sworn in, Judge Koury may have already gone back on his word.

That's what Bethlehem resident Al Bernotas told Bethlehem City Council last night. He's part of the newly-formed Bethlehem Neighborhood Association, "a group of residents fighting for their residential character." He's currently embroiled in a court battle against a ZHB decision allowing Elias Farmers Market, located on Linden Street, to expand in an RR residential zoning district.

A zoning appeal is scheduled for May, but Bernatos wanted to open the record now. You see, Bethlehem Zoning law does permit a business expansion, but for no more than 50% of its square footage in 1970. Bernatos has evidence, from the Zoning Office itself, that the Elias expansion will be over four times its original size in 1970, when it was just a roadside stand.

That's a lotta' bananas.

Instead of being allowed to open the record, Judge Koury chastised Bernatos during a hearing two weeks ago, for failing to bring a lawyer. He also admonished City Council, which has joined the appeal, asking why they failed to send someone to the Zoning Hearing Board hearing. Bernatos asked City Council last night, "What is the Zoning Hearing Board for? Do they represent the City, or the appellants?"

Bernatos told City Council he has since learned that Judge Koury has social, family and political ties to Joseph and Naziha Elias, who own Elias Farmers' Market. "After the hearing, I looked up public records and sure enough, the Elias family were political contributors. Does that mean the judge made an error in his decision? I don't know, I can't tell you whether he made a good or bad decision, ... but I just saw an undercurrent of favoritism or bias and you can't even measure bias. You don't know what's in someone's head."

State campaign finance records confirm that Joseph and Naziha Elias did contribute $1000 to Koury's judicial campaigns in 2001 and 2003, but not in 2009.

City Council Solicitor Christopher Spadoni, who was in Court with Bernatos in March, acknowledged it was"a fair rendition of what occurred."

Earlier that evening, Glenn Taggart was unanimously reappointed to Bethlehem's Zoning Hearing Board.

Now this is only $1,000. But even if it is just $1, shouldn't Koury have recused himself if he was interested in keeping his word? Will he claim contributions made in 2001 and 2003 don't count? Will this jurist, who graduated in the top 5% of his law school class, claim he just forgot?

I know one thing. No Josie's Deli for me. His mom will give me the "special", seven-year old tuna salad.

Update (around 9 AM): Contacted this morning, Judge Koury tells me that he was provided a docket showing that the case involved a Ghassan G. Elias, dba Elias Market. Ghassan had never contributed to any of his campaigns, so he felt he could hear the case. He also told me I'm still welcome at Josie's Deli.

Follow the Money: Northampton County Judicial Race

Unlike other candidates for local office, judicial candidates file their campaign finance reports with the Department of State in Harrisburg. And the apparatchiks who work there post them online so that the public can follow the money.

Eventually.

The whole purpose of these disclosure laws is so we can learn who is supports a candidate before casting a vote. But in the land of midnight payraises, the public's right to know gets little priority. The 2d Friday Pre-Primary campaign finance reports timely filed by Craig Dally, Candy Barr Heimbach, Barb Hollenbach and Jim Narlesky are still unavailable. If time permits, I will get copies and post them here over the weekend so you can follow the money for yourself.

But reports are available for four out of eight contestants. Let me tell you about them.

Koury has accepted no contributions from attorneys.

Michael Koury has told Express Times reporter Sarah Cassi he would decline any contributions from local attorneys. His 2d Friday Pre-Primary Campaign Finance Reports, available online, reveal that he has kept his word.

I was concerned he might funnel money from lawyers into his campaign through some sort of PAC, but his individual and committee reports reveal he is largely self-funded. He has accepted contributions from family and friends. He's also accepted $1,000 from Abe Atiyeh and another $1,000 from Atiyeh's business partner, Ramzi Haddad.

Karl Longenbach Likes El Torero

Karl Longenbach actually has four separate campaign finance reports online, which reveal that he's raised around $21,000 and spent most of it, too. He has dug into his own pocket for at least half of his expenses. Friends, fellow attorneys and co-workers have also made mostly small donations.

If you've driven along Route 22 on the way to Easton from Bethlehem, you've seen a big billboard featuring Karl. I practically drove into a ditch the first time I saw that.

That has cost Karl $6,000.

He's also spent another $1,000 for advertising at El Torero, a Spanish language newspaper very popular in Allentown. But Karl's not running in Allentown.

Sam Murray Getting Grass Roots Support

If campaign finance reports are any indication, Sam Murray is getting lots of grass roots support. His disclosure, available online, reveals that $2,000 of his warchest comes from people making modest contributions under $50. Another $17,775 comes from people contributing less than $250. Sam has also kicked $15,000 of his own money. He's raised nearly $44,000 so far.

Frontrunners Flock to Zito

My grandson is a frontrunner. He likes whatever team happens to be winning. Lenny Zito is the frontrunner. Everyone, including fellow candidates, knows that Lenny Zito will be elected on both ballots to one of the three judicial vacancies on May 19. So it's no great shock to learn that Lenny has been able to raise $80,290. Frontrunner Chrin, who usually waits until after someone is elected before donating, has already kicked in $500. But Lenny's biggest donors are the Perins - Lords of the Slate Belt - who contributed $13,300.

Bar Survey A Setback to Koury

For forty years, the Northampton County Bar Association has shied away from evaluating judicial candidates. Bethlehem Attorney Al Williams was endorsed over Easton lawyer Mike Franciosa and many wondered whether that happened simply because Bethlehem had a few more J.D.s.

Memories fade, and the local bar decided to do these evaluations again. That decision was made months ago, when most of the hopefuls were still unknown. Questionnaires were sent to 425 full members. Returns by 201 attorneys were placed unopened in a separate envelope for review by an accountant.

This survey, which admittedly measures the views of less than half of the bar's full members, is still a setback for candidate Michael Koury, currently a magistrate in Wilson Borough. I've already expressed three objections to Koury's candidacy. First, he's running for reelection to his district court job and the court of common pleas simultaneously, even though he is unable to hold both jobs. Second, he has spent most of his legal career as a magistrate and has no idea what it is like to present a case to a jury. Third, he's a two-time loser best known for a disgusting last-minute smear attempt at then candidate Emil Giordano in 2003. That resulted in a rare condemnation from the bench.

Northampton County attorneys appear to share that view. Only 16 consider Michael "well qualified," and 34 lawyers actually rate him "unqualified." In my online poll, located at the left sidebar, Koury has only 55 votes of 771 votes cast. He trails Craig Dally (175), Sam Murray (138), Karl Longenbach (138), Lenny Zito (131) and Candy Barr Heimbach (84).

In addition to mailers that show Koury gazing in wonder at a portrait of his popular and well-respected father, Michael is embarking on a door-to-door campaign in the campaign's final weeks. Will it be enough? We'll find that out May 19th.

Judicial Candidate Michael Koury Shows His Humility

Easton lawyer and magistrate Michael Koury is making his third run for one of three Northampton County judge slots. He's running for judge and magistrate, two incompatible offices, simultaneously. In his two failed attempts, he has a history of disgusting last-minute smearslike the one he hurled at Emil Giordano (now a judge) in 2003. That resulted in a rare condemnation from the bench. Koury lashed out at the end of each campaign, proving that the voters were right.

Now he's demonstrating a complete lack of humility. In a four-page letter being sent to Northampton County voters, Michael Koury devotes an entire page to describing a three hundred lawyer Wall Street law firm where he was briefly employed. Koury tells us it's a very important firm that handles "complex litigation matters, including securities, commercial, corporate governance, media and entertainment, insurance, antitrust, environmental, civil rights, real estate, intellectual property, blah, blah, blah, blah blah."

Then Michael goes on to tell us about the sacrifice he makes for us, the little people. "Michael decided to leave the opportunity of a multi-million dollar per year career as a Wall Street lawyer ... ."

Wow! How magnanimous of him! I guess everyone else must be chumps.

Is Michael's claim even accurate? According to a salary study I've seen, an attorney who's been employed at that firm for seven years might make $240,000. That's good money, but is not exactly in the multi-million dollar range. Legal tabloid Above the Law also reports that Koury's old law firm is in the midst of a round of hushed up layoffs. Interestingly, they follow a round of layoffs in the 90's, which coincides with when Koury left that firm.

According to one tipster, the firm does pay top dollar, but "money ... is not everything; being a 'classy' and 'prestigious' firm also requires acting with integrity and in an aboveboard manner."

So exactly what did Koury learn at this prestigious Wall Street firm?