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Ousted judge files statements with court of discipline to support quest to reopen judicial misconduct case.
By Terrie Morgan-Besecker [email protected]
Law & Order Reporter
HARRISBURG – A former juvenile probation official claims former Judge Michael Conahan angrily accused her of being responsible for limiting admissions to a juvenile detention facility whose owner was paying the judge kickbacks, according to a statement filed Friday with the state Court of Judicial Discipline.
Sandra Brulo, former deputy director of forensic programs, alleges Conahan was angry that the “ramp up” process a state agency used to determine how many new admissions were permitted at PA Child Care as it began operations was too strict.
“Judge Conahan began screaming at me and accused me of being responsible for the ramp up limits. He said Robert Powell had bills to pay and that the ramping limits were limiting admissions,” Brulo said in the statement.
The statement was among four that former Judge Ann Lokuta filed with the Court of Judicial Discipline on Friday in support of her quest to reopen her judicial misconduct case that led to her removal from the bench in December. Lokuta’s attorney, Ronald Santora, provided copies of the statements to the media.
The disciplinary court heard argument on that matter at a hearing in May. The court reserved making a ruling, however, after Lokuta advised members she had witnesses who would link Conahan to the Mafia and provide other information that supports her allegations that Conahan and former judge Mark Ciavarella conspired to oust her because she reported their wrongdoing to the FBI.
Conahan’s attorney, Philip Gelso, declined comment.
In addition to Brulo, statements were provided by Patricia Benzi, a security guard at the courthouse; Carolee Medico Olenginski, former county prothonotary; and Joseph S. Novak, a plaintiff in a civil case before Lokuta.
Benzi’s statement details how Lokuta rebuffed Benzi’s efforts to deliver an envelope from reputed mobster William D’Elia to Lokuta. Novak’s statement alleges he was approached by a person he believed to be former court administrator William Sharkey, who offered to transfer Novak’s case to Conahan after Lokuta ruled against Novak.
Neither Sharkey nor his attorney, Bruce Miller, could be reached for comment.
The Court of Judicial Discipline ousted Lokuta from office on Dec. 9 after determining she had violated the rules of judicial conduct. The ruling was based on several weeks of testimony from dozens of witnesses who alleged Lokuta was abusive to courthouse staff and attorneys.
In March, the state Supreme Court ordered the disciplinary court to reconsider its decision in light of the arrest of Conahan and Ciavarella on charges that they had accepted more than $2.6 million in kickbacks from Powell and another person in exchange for rulings that benefited two detention centers Powell once co-owned.
Brulo worked for juvenile probation until February, when she was charged will altering a juvenile’s court record to shield herself from liability in a civil suit.
In her statement on behalf of Lokuta, Brulo says Conahan had previously threatened to fire her because she repeatedly questioned “inappropriate practices” she witnessed in her department and others.
According to her statement:
In January 2006, Conahan suspended Brulo with pay for one month after she applied for a position in a different department. She was permitted to return to work about two weeks later.
Shortly afterward Sharkey stopped in her office and told her she better “watch myself, that I was asking too many questions,” and that he “hoped I had learned my lesson.”
Brulo also alleges that Conahan, who controlled all hirings and firings, hired numerous relatives and friends. He would often hire people, even though her department did not need the help.
Benzi recently testified at an unrelated court hearing that she delivered envelopes from D’Elia to Conahan inside the courthouse.
In her statement, Benzi said she was once asked to deliver an envelope from D’Elia to Lokuta. Benzi said she gave the envelope to Lokuta’s secretary, Maureen Gushanas. Later that day, Gushanas returned the envelope to her and told her “You tell him my judge isn’t like the rest of the judges!”
Benzi also said she spoke with Robert Kulick, who was friends with Conahan and D’Elia, and that Kulick had asked her to find out from Lokuta why she was meeting with the FBI. Kulick also told Benzi he had invited Lokuta to a party at his home to “mend things” between her and Conahan, but Lokuta refused.
“Mr. Kulick repeatedly advised me that Judge Conahan had indicated that if judge Lokuta would simply apologize to him he would make ‘everything go away,’ ” Benzi’s statement says.
Novak’s statement says he was once a plaintiff in a case that Lokuta heard. Lokuta ruled against him regarding a preliminary matter. Following that hearing, he was approached by a man he believed to be Sharkey. The man advised Novak “he could solve my problem by making a phone call and having this matter assigned to another judge, judge Conahan.”
Novak said his case was later assigned to Conahan. When he appeared before Conahan, the judge called him up to the bench and, while giving him a wink, told him he would “be very fair in my case.”
Novak’s statement also details a conversation he claims he overhead between Conahan and Ciavarella in which Conahan told Ciavarella they “have to get rid of her, she is causing problems.” Novak said he believes the judges were referring to Lokuta.
Medico Olenginski’s statement focused on refuting testimony former prothonotary Jill Moran gave at Lokuta’s misconduct trial regarding problems the prothonotary staff had with Lokuta. Medico Olenginski said several of her employees regularly requested to serve in Lokuta’s courtroom.
“I personally never had any problems with Judge Lokuta and always found her to be very hard-working, conscientious judge,” she said.
Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.
