Criminal probe of JCB sought

Political activist Gene Stilp on Tuesday filed documents with federal and state authorities requesting a criminal investigation into the state Judicial Conduct Board’s handling of a complaint filed against former Luzerne County Judge Michael Conahan.

Stilp said he filed a complaint with the U.S. Department of Justice and the state Office of Attorney General that asks the agencies to investigate whether charges of obstruction of justice could be filed against members of the JCB.

The complaint is based on information revealed by the JCB’s chief counsel, Joseph Massa, during his testimony last week before the Interbranch Commission on Juvenile Justice, a panel that was appointed to investigate the juvenile justice scandal involving Luzerne County.

Massa testified he now feels he was remiss in his handling of an anonymous complaint that was filed against Conahan in 2006 that alleged he engaged in various wrongdoing and improper behavior, including case fixing and nepotism.

Massa acknowledged he never assigned an investigator to the case and he failed to include all information contained in the complaint in a summary he prepared for the JCB’s directors. He also failed to relist the Conahan case with the board after it was tabled at the JCB’s meeting in June 2007.

The Interbranch Commission has been probing the JCB’s actions, but Stilp says he does not believe it is the appropriate agency to do so because it can only make recommendations and cannot file charges.

“The Interbranch Commission may use strong words, but in the end only a federal investigation and state investigation of the JCB can restore confidence in that institution of last resort,” Stilp said in the complaint.

Attorney Paul Titus, who represented the JCB at the Interbranch Commission hearings, said Massa’s testimony revealed there were missteps, but there is no basis for a criminal investigation.

“As Mr. Massa indicated, looking at this in hindsight there are things he wishes he had done. But nothing like that amounts to obstruction of justice,” Titus said.

Kevin Harley, spokesman for state Attorney General Tom Corbett, characterized Stilp’s complaint as an “attempt to get his name in the paper.” He said the office would not comment on whether it will investigate the matter.

Heidi Havens, spokeswoman for U.S. Attorney Dennis Pfannenschmidt, did not immediately respond to an e-mail seeking comment.