Luzerne County Government

February 24, 2010

Acting sheriff won’t accept subpoena from controller

Seeking info on dept.’s guns, Griffith will turn to coroner to serve paper on Guarnieri.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
Jennifer Learn-Andes on Facebook   |   @TLJenLearnAndes on Twitter

Luzerne County Controller Walter Griffith attempted to serve his first subpoena Tuesday afternoon to obtain information about sheriff’s office guns, but acting Sheriff Charles Guarnieri wouldn’t take it.

“I tried to hand it to him, and he said he was not accepting it,” Griffith said.

Griffith said he now has to ask county Coroner John Corcoran to serve the subpoena on Guarnieri because the sheriff, who would normally serve subpoenas, can’t serve himself.

Griffith said he was disappointed that Guarnieri is forcing him to involve the coroner. Guarnieri must accept the subpoena if it comes from the coroner, Griffith said.

Guarnieri could not be reached for comment Tuesday night.

County controllers have authority to issue subpoenas demanding the appearance of county employees and other outside witnesses to answer questions about county finances. People who are subpoenaed may also be ordered to produce books, vouchers and “papers relative to such accounts,” according to state law. Controllers also have the power to administer oaths to all people appearing before them, the code says.

Griffith agreed to use his subpoena power to obtain information about guns because the office refused to supply the information to county Solicitor Vito DeLuca.

Griffith said he tried to be cooperative and agreed to the sheriff’s office’s request for more time to gather the requested information. But when the deadline passed Friday, Griffith said an office worker informed him that no information would be supplied.

The subpoena seeks a complete inventory of all county-owned firearms in the office along with the make, model, serial number and purchase information.

Griffith also is demanding an accounting of all firearms that were sold by the office and an inventory of firearms that are held in the office but owned by others.

In addition to furnishing the information, Guarnieri will be required to appear at the controller’s office to testify, Griffith said.

DeLuca started investigating after county officials discovered that the office sold an antique submachine gun and three other guns to Advanced Arms in Pittston for $22,500 without commissioner approval or an independent appraisal.

County records showed the office sold another 19 guns to individuals last year, mostly employees.

DeLuca said he has asked Guarnieri to furnish information about these gun sales because the county’s financial records don’t indicate the types of guns sold and whether there were any independent appraisals.

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