Analysts say Judge’s future is hurt

WILKES-BARRE – Local political analysts say Judge Peter Paul Olszewski Jr.’s chances of being retained were seriously damaged by the release of a photo showing him posing with former judge Michael Conahan and a convicted drug dealer.

Olszewski said he believes the photo, taken on June 9, 2005, while Olszewski was vacationing at Conahan’s condominium in Florida, is a smear tactic designed to ensure he’s booted from the bench.

“This could be the kind of thing that denies him his seat,” said Tom Baldino, a Wilkes University political science professor.

The photo shows Olszewski and Ronald Belletiere, who was convicted of participating in the Empire Drug Ring that operated in Hazleton in the late 1980s, standing with Conahan and John H. Kennedy, a Forty Fort attorney.

The photo along with a letter was mailed on Tuesday by an anonymous source to several media outlets, including The Times Leader.

Olszewski said he had no idea of Belletiere’s background, nor did he have any knowledge of the alleged corruption involving Conahan and his co-defendant, Mark Ciavarella, when Olszewski spent three days at the condo owned by the ex-judges’ wives.

He said Conahan introduced Belletiere only as “Ronnie.” Conahan later told him toward the end of the trip that Belletiere had a minor drug conviction and was rehabilitated.

Olszewski said he believes whoever mailed the photo did so to retaliate against him because he was outspoken regarding the scandal involving Conahan and Ciavarella.

Olszewski was one of the more vocal judges following Conahan’s and Ciavarella’s arrest in January, calling their alleged crimes “reprehensible and despicable.” He was told by several people that Ciavarella and Conahan were “seething” over his comments, he said.

“Ever since then the word came back to me, they were going to get me,” he said. “There is no doubt in my mind this was done with one motive, and that is to embarrass me.”

Ciavarella denied he was the source of the photo when questioned at his home by a reporter Wednesday. Conahan could not be reached for comment Friday.

Baldino and David Sosar, a political science professor at King’s College, said the release of the photo “smacks” of dirty politics.

That could lead some people to rally support for Olszewski, Baldino said. But he thinks far more people will see the controversy as a reason not to vote for him. He’ll have to work extremely hard to overcome that.

“There’s so much suspicion on the part of the public to statements made by elected officials and judges,” Baldino said. “He will need to build a very convincing argument in defense of his behavior.”

Even if he makes a convincing argument, Olszewski still faces an uphill battle to overcome “guilt by association,” Baldino said.

“In a sense it is unfair to have to defend something that you believe, at the time, there was nothing wrong. But the fact remains he is a judge and is a standing for retention,” Baldino said. “Fair or not, that’s just the way it is.”

Sosar said the controversy is particularly damaging given the caustic political atmosphere that’s resulted from the federal corruption probe that has resulted in the arrest of 14 people.

That anger, right or wrong, is often directed at elected officials who have the misfortune of being on the ballot at the time a scandal breaks, said Terry Madonna, a political analyst and professor at Franklin and Marshall College.

“These constant stories about judicial misconduct have led to a diminution of confidence in the judiciary. That could mean people vote against everyone. If one judge has gone awry, they want to send a message to all judges that this conduct will not be tolerated, even though they may not be involved in any malfeasance at all,” Madonna said.

Sosar and Baldino said it’s crucial for Olszewski to fully address all questions and answer questions honestly if he’s to win retention.

Olszewski said he’s done that. In a Times Leader story that ran in February, he and Judge Michael Toole acknowledged they visited the condo.

“In June 2005 I had absolutely no knowledge or any idea that Michael Conahan was involved in anything improper or illegal. If I had any inkling that he was, I never would have been with him,” Olszewski said.

Olszewski, who at the time was estranged from his wife, traveled to the condo with a woman he was seeing. He said he, Kennedy and Kennedy’s girlfriend flew to the condo on a private jet that was owned by Joe Gans.

Olszewski said Conahan, who arranged and paid for the flight, initially refused to accept any money. After he returned, Olszewski said he insisted Conahan accept payment or Olszewski would report the flight as a gift on his statement of financial interest.

Ultimately he paid Conahan $400. Olszewski provided a reporter a copy of the check and bank statement showing that the check was cashed on April 26, 2006.

Conahan was first publicly linked to Belletiere in 1994, when The Times Leader reported that Conahan had been identified as an “unindicted co-conspirator” in Belletiere’s 1991 drug trial.

Olszewski said he recalled a new story regarding that link, but did not recall ever hearing Belletiere’s name.

Contacted Friday, Kennedy corroborated Olszewski’s account of the trip. He said neither he nor Olszewski had any idea Belletiere would be there. He also said neither of them knew of Belletiere’s background.

“Neither one of us had any clue,” Kennedy said. “We went down there for a social trip. Judge Conahan was the president judge at the time. He was respected. There was no question about his ethics.”

Kennedy said Conahan invited him down because he had represented court stenographers, at no charge, in a pay dispute with the county.

Kennedy said he feels badly for Olszewski that the trip has become an election issue.

“I certainly hope it doesn’t harm him,” he said. “It’s just so unfortunate because all these things are coming up now. My heart goes out to the guy because this has nothing to do with his ethics or his ability to be a judge. If his retention in sabotaged because of this, that’s just wrong.”