Federal Investigation of Schools

January 9, 2010

Paper seeks Dunn, Scarantino records

Public deprived of information in the bribery cases, Times Leader attorney says.

By Mark Guydish mguydish@timesleader.com
Education Reporter
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SCRANTON – Noting that both men have pleaded guilty, an attorney for The Times Leader and Times Leader Scranton Edition has filed motions to unseal three court documents involving former Wilkes-Barre School Board member Brian Dunn and one document regarding former Pittston Area superintendent Ross Scarantino.

Attorney Ralph Kates filed the motions and supporting documents late Friday afternoon in the federal courthouse in Scranton, arguing that “the public is deprived of its right to information regarding this matter through the continued sealing of these judicial records.”

Dunn and Scarantino pleaded guilty to corruption charges. Scarantino is serving his prison sentence.

Details of their charges have remained hidden as federal agents continue a sweeping investigation that has nabbed 23 so far in Luzerne County.

Typically, affidavits would provide more details on the charges that both men accepted bribes. Dunn admitted taking money to help a person get a teaching job in the district; Scarantino took the bribe to help a contractor get district work.

In the case of Dunn’s affidavit, sealed April 21, Kates notes the U.S. Attorney’s Office argued the action was necessary to “preserve the integrity of the ongoing investigation” and “protect the identity of potential witnesses,” while two other documents on Oct. 26 and Nov. 5 were sealed without “any notice to the public or detailed findings of the need for sealing.”

Because Dunn pleaded guilty, “there can no longer be any witnesses whose identity needs protection and the investigation would appear to have been concluded. It appears, therefore, that the government’s asserted rationales for sealing this affidavit have evaporated.”

Kates also argues the public docket on other sealed documents in Dunn’s case “even lacks the pretense of rationale for sealing the records.” He puts forth a similar argument regarding the sealed affidavit in Scarantino’s case

Kates cites multiple court rulings, including a 2007 case in which the court decided “openness promotes public confidence in the judicial system, diminishes possibilities for injustice, incompetence, perjury and fraud, and provides the public with a more complete understanding of the judicial system.

“Historically,” Kates argues, “the public has had access to all charging documents filed in criminal cases and the importance of public access to judicial records has been widely recognized. … The assertion that secrecy of a judicial record is essential to preserve a value superior to the public’s right of access must be supported by articulated findings. General assertions will not suffice.”

Kates submitted letters dated Dec. 18 and sent to U.S. assistant attorneys William Houser and Amy Phillips in which he noted the newspaper has “no desire to compromise an ongoing investigation or compromise witness identities, where individual safety or further investigative integrity would be adversely impacted.” He asked to meet with each to discuss the matter, and notes he received an e-mail from both attorneys saying someone would contact him, but no one did.

“It is obvious that there is no finding on the record that would justify the filing a secret court order in this matter,” Kates wrote regarding the two Dunn documents filed in October and November, and Scarantino’s affidavit.

“The time has come for the government to drop its veil of secrecy in favor of the public’s right to examine the complete judicial record in this case and assess the propriety of executive branch conduct and the extent of judicial impartiality.”

Mark Guydish, a Times Leader staff writer, can be reached at 829-7161

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