Luzerne County Judges

December 8, 2009

Judges’ charges spark plea for hearing

Fernando Nunez Jr., serving time on drug-related charges, needs action on his case, attorney says.

By Sheena Delazio sdelazio@timesleader.com
Staff Writer
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WILKES-BARRE – An attorney, involved in a case in which his client has been left without a ruling in a Post Conviction Relief Act hearing because two presiding judges assigned to the case have been charged in the ongoing county corruption probe, has requested a ruling be made promptly.

John Pike filed court papers on behalf of his client, Fernando Nunez Jr., who is serving 10 to 20 years in state prison on drug-related charges, asking that a ruling be made in the PCRA hearing that was heard last year by former Judge Michael Conahan.

After the July 2008 hearing, Conahan ordered attorneys involved in the case to file additional court papers before he was to make a ruling.

Pike filed his response to the Post Conviction Collateral Relief in September 2008, stating Nunez should be given relief because he was not aware of a $25,000 fine, that his former attorney did not file a request to modify his sentence, that his former attorneys did not provide effective legal advice and that because of the former attorneys’ failure Nunez was prevented from making a voluntary guilty plea in September 2004.

Nunez, 26, of Kingston, also is serving a life sentence at the State Correctional Institution at Huntingdon on a homicide conviction in Philadelphia.

In the drug case, prosecutors said Nunez participated in a trafficking ring between August 2001 and October 2002.

Nunez pleaded guilty to charges including possession with intent to deliver on Sept. 14, 2004, and was sentenced to 10 to 20 years in state prison by Conahan.

The state Attorney General’s Office filed its response to Pike’s filing in January 2009.

Deputy Attorney General Kelley Nelson said Nunez was aware of the $25,000 fine, that his former counsel addressed his concerns and that no court papers were filed to modify Nunez’s sentence after it was handed down.

At that time, Conahan would have had to review the documents and make a ruling, Pike said.

But, Conahan pleaded guilty in February to corruption charges, sending Nunez’s case to another judge. Conahan has since withdrawn his pleas.

The case was assigned to Judge Michael Toole. On Aug. 21, 2009, Pike filed a petition for a writ of habeas corpus, and Toole set a hearing for Sept. 14.

That September hearing was canceled because no further testimony needed to be heard, Pike said, and that a decision should have been rendered.

Toole has agreed to plead guilty to charges in the county corruption probe and was suspended by the state Supreme Court.

That, Pike says, leaves Nunez’ case in limbo.

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