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July 10, 2008

Lower bail for Zalaffi, charged in dad’s death

Judge reduces bail from $1 million, but specifies strict rules for release.

WILKES-BARRE – A Luzerne County judge approved an attorney’s request to lower the bail of Ernest Zalaffi Jr. from $1 million to $5,000.

Luzerne County Court of Common Pleas Judge Michael Conahan approved the request Wednesday at a hearing for Zalaffi, 37, of Plains Township, who is facing charges of involuntary manslaughter, simple assault, and recklessly endangering another person, in the death of his father Ernest Zalaffi Sr.

If released, Conahan said, Zalaffi should apply for house arrest, maintain a full-time job, submit to random drug testing and have no contact with the victims.

Zalaffi Sr., 64, died Feb. 17 after a confrontation with his son, police said. According to police, emergency medical personnel were called to the home of Zalaffi’s parents on Feb. 17 because Zalaffi Sr. was experiencing a heart attack. Police said Zalaffi Jr. told them he and his father were fighting before the elder Zalaffi collapsed. Zalaffi Jr. told police the fight got physical and that his father punched him in the face.

Zalaffi Sr. was taken to Wilkes-Barre General Hospital, and the younger Zalaffi was sent to the county jail for violating probation. Police said Zalaffi Jr. told them he had several alcoholic beverages that day.

On Wednesday, Zalaffi’s attorney Nanda Palissery said that Zalaffi’s bail should be lowered since the charges are misdemeanor and this incident is Zalaffi’s first.

Palissery said the charges could bring a sentence of three to 12 months in prison and noted that Zalaffi already has served five months. Palissery recently said that if the case goes to trial, it won’t be until late September.

Luzerne County Assistant District Attorney Jarrett Ferentino argued Zalaffi’s bail should remain at $1 million, since Zalaffi isn’t welcome at his family home and has nowhere to go.

“He’s not welcome back at his family home,” Ferentino said. “The family is in great fear of Mr. Zalaffi. His bail should remain at $1 million.”

Zalaffi said he planned to stay with a friend in Duryea if his bail was lowered.

Ferentino said the case demanded a high bail because of the nature of the charges.

He said, “The judge lowered it, but placed very strong conditions on the bail, if he were to post.”

Conahan lowered the bail to $5,000, and required Zalaffi to post 10 percent, or $500, to be released.

In June, Zalaffi Jr. was scheduled to plead guilty to the charges but apparently changed his mind. Palissery said Zalaffi was unsure of his guilt and that more time was needed to review police reports and other documents.

At Wednesday’s hearing, Palissery said that before Zalaffi can enter a plea, more time is needed to review those documents. He said prosecutors need time to file paperwork including a list of witnesses, police reports and type of evidence.

Conahan scheduled a Sept. 11 hearing in the case.

Zalaffi is lodged on a protection from abuse violation and on bail for the involuntary manslaughter charges.

“We feel very strongly about this case, and we’re prepared to take it wherever it goes,” Ferentino said.

If released, Conahan said, Zalaffi should apply for house arrest, maintain a full-time job, submit to random drug testing and have no contact with the victims.








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