Opinion

EDWARD LEWIS

June 30, 2008

Franco court duel may be of epic proportion EDWARD LEWIS OPINION

We all know the biblical story of David and Goliath. There’s a similar story shaping under the Luzerne County Courthouse dome.

Tim and Nicole.

Attorney Nicole Bednarek is representing the rights of James Franco, who was called a “clear and present danger to the residents of Luzerne County,” by Deputy District Attorney Tim Doherty after an alleged crime spree in recent weeks.

There was a pattern Franco developed that caused Doherty to make such a bold statement.

Police in Nanticoke and Hanover Township charged Franco with stealing two purses from women in October.

Nanticoke police charged Franco again in May, arrest records say, when he held up the Main Street Uni-Mart, and offered the clerk part of the loot. He was initially jailed on $75,000 bail.

Franco’s arrest in May should have been the end to his alleged mini crime spree.

At a preliminary hearing, a district judge lowered Franco’s $75,000 bail to $50,000, requiring a 10 percent, or $5,000, payment, court records indicate. Doherty protested the modification, but the judge’s decision stood.

Franco walked out of jail when his girlfriend paid the $5,000 on June 2, court records say.

Homeowners in the upper Askam section of Hanover Township where Franco resides became concerned. One of them e-mailed me expressing concerns, saying he was upset and worried about taking his family on vacation with Franco on the loose.

More trouble follows

It didn’t take long for Franco to get arrested for the third, fourth and fifth time since October.

Township police charged Franco with stealing items from the home of Mark Delong on Stanley Street on June 14, arrest records say. Franco was charged with burglary, and a district judge released him on $2,500 unsecured bail, court records indicate.

Police in Nanticoke and Hanover Township said they were astonished Franco was set free after his third arrest within nine months.

But, the issue of bail is not to punish, but to ensure the defendant appears at future court hearings, Nanticoke police Detective Capt. William Shultz said.

A bizarre twist came when township police learned the items Franco was stealing from Delong’s residence belonged to Neil Splendido, who entrusted Delong to watch his Stanley Street home while on vacation, arrest records indicate.

Then came the straw that broke the camel’s back.

Wilkes-Barre police arrested Franco with the armed robbery of a taxi cab driver. Franco, arrest records say, held a knife to the cabbie’s neck in the early morning hours on June 25. Doherty said it was time to revoke Franco’s bail from his previous arrests.

Before a judge ruled on the issue, Franco’s lawyers, Bednarek and Nanda Palissery, withdrew the $5,000 bail that was posted on June 2. Bail for all the cases was re-established at $150,000.

Doherty is expected to prosecute Franco’s cases. Talented and certainly energetic, the former Scranton police officer-turned prosecutor has more than a dozen years putting criminals, including a child killer, away for good.

But don’t forget about Franco’s lawyer, Bednarek.

Two years after earning her law degree at Penn State’s Dickinson School of Law, the young Bednarek has been building a reputation of defending the rights of those accused.

The two lawyers won’t be using sticks or stones, but knowledge, experience and law books.

It’s a story I hope I don’t miss.

Edward Lewis, a Times Leader staff writer, may be reached at 829-7196.

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