Friday, February 10, 2012
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By Ed Lewis elewis@timesleader.com
Times Leader Staff Writer
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PLAINS TWP. – An Old Forge man said he did nothing wrong by leaving profanity-laced voice mails for WILK radio talk show host Kevin Lynn and two employees at the radio station.
David Foglietta, 65, of Oak Street, said the messages he left were a form of expressing his opinion for the talk radio station.
District Judge Diana Malast didn’t agree. After a nearly two-hour hearing on Tuesday, she found Foglietta guilty of three summary counts of harassing Lynn, radio host Sue Henry and former WILK general manager John Burkavage.
An attorney for Entercom Entertainment Corp., owner of WILK, said Foglietta “crossed the line” by leaving disturbing voice mails filled with profanity.
Attorney Michael Dash played five recorded voice mails left by Foglietta in early November.
On the voice mails – some nearly five minutes long – Foglietta demanded an apology from Mark Michaels, who goes by the name Bosco on the radio, and berated Lynn and his co-host, Nancy Kman, about the general election.
Foglietta claimed when he called the radio station to express his opinions, Michaels cursed at him.
“Now you’re going to get it,” Foglietta said on a voice mail to Michaels. “If you don’t apologize to me, I want you to meet me in Old Forge and apologize to my face.”
Foglietta told Michaels to meet him at a specific restaurant in Old Forge. He also told Michaels if he didn’t show, that he knew where Michaels resides and where he goes after work.
“I’m going to come after you, I don’t care if you call the cops,” Foglietta said on the voice mail to Michaels. “I am so (expletive) mad, something regrettable will happen at the radio station. You’re pretty tough behind that microphone, but I will come find you. I swear something regrettable is going to happen over there.”
Pittston Township Police Chief Stephen Rinaldi said Foglietta was charged with harassment when he continued to call the radio station after being told to stop calling.
Rinaldi said he considered charging Foglietta with terroristic threats, which is a first-degree misdemeanor. He chose not to, based on the radio station’s suggestion.
Foglietta and Lynn stared at each other during the hearing and occasionally ridiculed each other.
“You people are disgusting. I hate his guts so bad; I loathed the man,” Foglietta said to Lynn before being told by Malast to keep quiet.
Foglietta said he enjoys listening to talk radio, but criticized Lynn, Kman and Henry for their views on a variety of issues, including the Catholic Church and political party affiliation. He said Lynn and Kman beg listeners to call their show and if a caller disagrees with them, the radio station hangs up.
“If you disagree with anything they say, they immediately hang up on you, and they talk about you and call you names,” Foglietta said.
Foglietta was fined a total of $1,050. He plans to appeal the verdict in Luzerne County Court of Common Pleas.
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