D’Elia link seen in coal sale fee case

WILKES-BARRE – Had former judge Michael T. Conahan not ruled in favor of a company associated with convicted felon Robert Kulick, the businessman would not have been able to bring in reputed mobster William D’Elia as a key witness in a dispute over coal sale royalties.

Conahan’s ruling on Aug. 2, 2005 that allowed a suit to proceed occurred during a period when the judge regularly met with the two men to discuss cases in Luzerne County Court, according to Kulick.

The three figure prominently in an ongoing public corruption probe in Luzerne County that has netted nine people, including Conahan and former judge Mark A. Ciavarella.

Kulick, 60, of Bear Creek Township, disclosed details of the meetings with Conahan and D’Elia at a special hearing last week on one of the cases allegedly fixed by the judges, a $3.5 million defamation award against The Citizens’ Voice newspaper. He has been cooperating with authorities in the probe while awaiting sentencing on federal charges of a felon in possession of a firearm.

A message left at a number for Robachele Inc., the company operated by Kulick’s wife, Michelle Mattioli Kulick that filed the suit in the coal sale royalties dispute, was not returned Wednesday.

Attorney Michael D. Collins, who represents defendants David Domiano and McClure Enterprises Inc. of Old Forge, said they are “dismayed over the purported relationship between Robachele, which is owned by Robert Kulick and his wife, and judge Michael Conahan.”

“The lawsuit should never have been filed because it is wholly baseless and apparently turns solely on the testimony of William D’Elia and Robert Kulick. We anticipate that the case will or should be voluntarily dismissed by Robachele’s lawyer,” Collins added.

Robachele’s attorney William Blaum was on vacation and could not be reached Wednesday.

In the coal fee case, Conahan overruled the defendants’ call to dismiss Robachele’s claim that it was owed a 50-cents-per-ton royalty for each ton of coal removed by McClure from a site in Hughestown and Duryea. The case has been inactive for nearly three years with the last docket entry of Oct. 27, 2006 being an order for Robachele to provide more detailed answers about D’Elia’s role.

D’Elia invoked his right against self-incrimination and did not testify at last week’s hearing on alleged case-fixing. The 63-year-old Hughestown man is serving a nine-year federal prison sentence on conspiracy to commit money laundering and attempted witness tampering charges.

In the Robachele case, D’Elia provided a written statement supporting Robachele’s position. He reportedly was present at a meeting with the Kulicks, Domiano, and the land owner of the coal mining site, the late Joseph Nowakowski and his son Kenneth when the royalty agreement was made. The initials “W.D.” were scrawled above D’Elia’s typed name on the one-page document submitted in July 2006.

The scant statement drew a pointed response from Collins. He said Robachele concocted D’Elia’s statement. The attorney labeled the suit a “sham” and a “hoax.”

“Putting aside that Mr. D’Elia was recently indicted on federal money laundering charges, his statement merely regurgitates the false, foundationless allegations of Robachele’s complaint,” he said in a filing that demanded further answers to the questions submitted to the plaintiff.

A specially appointed judge will have to determine whether Kulick’s testimony on the alleged case fixing warrants a new trial for the newspaper. Kulick said D’Elia was good friends with Conahan and the judge assured D’Elia there would be a “positive outcome” for Thomas Joseph, the businessman who sued the newspaper over stories that he said falsely linked him to a money laundering investigation that involved D’Elia.

Conahan was called to testify at the hearing but, like D’Elia, invoked his Fifth Amendment right against self-incrimination. However, Ciavarella appeared and denied there was outside influence in his decision to rule against the newspaper in the non-jury trial in 2006.

Ciavarella admitted he was a “corrupt judge” and made poor decisions that resulted in his leaving the bench.

He and Conahan pleaded guilty to participating in a $2.6 million kickback scheme involving the construction of two juvenile detention centers and the placement of youths in the privately-held facilities. Their plea agreements call for each of them to serve 87 months in a federal prison.