Luzerne County Government

February 26, 2010

Sheriff finally accepts subpoena

County Controller Griffith wants information on weapons sales.

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

Luzerne County Coroner John Corcoran successfully served a controller’s office subpoena on acting Sheriff Charles Guarnieri on Thursday morning, said county Controller Walter Griffith.

Griffith had attempted to serve the subpoena – his first since taking office – on Tuesday afternoon to obtain information about sheriff’s office guns, but Guarnieri wouldn’t take it.

Corcoran had to get involved because the sheriff, who would normally serve subpoenas, can’t serve himself, Griffith said.

Guarnieri said Thursday that he forwarded the subpoena to office Solicitor Joseph Sklarosky Sr. and will follow his recommendation. Guarnieri said Sklarosky had advised him not to furnish any information without a subpoena. Sklarosky could not be reached for comment.

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.

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 at 10 a.m. March 5, the subpoena says.

The subpoena says Guarnieri could be subject to fines, costs, attorney fees and imprisonment if he fails produce the documents or to appear and testify under oath on March 5.

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.

DeLuca started investigating the guns after county officials discovered 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, but the records don’t indicate the types of guns sold or whether there were any independent appraisals, DeLuca said.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.

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