U.S. Atty. Carlson quits for judge post

By Terrie Morgan-Besecker tmorgan@timesleader.comLaw & Order Reporter

HARRISBURG – U.S. Attorney Martin C. Carlson has resigned his post amid the ongoing Luzerne County corruption probe to assume a position as a U.S. magistrate judge in Harrisburg, a federal judge confirmed Monday.

01/25/08-- Gerry Kerkowski, mother of murder victim Michael J. Kerkowski, is consoled by Acting United States Attorney for the Middle District of Pennsylvania Martin Carlson at the conclusion of Friday's press conference at the U.S. Federal Courthouse in Scranton after Paul Weakley plead guilty in federal court to conspiracy to engage in the affairs of a criminal enterprise through a pattern of racketeering activity, a charge commonly referred to as RICO conspiracy. (PETE G. WILCOX/THE TIMES LEADER)

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Carlson has served as U.S. attorney since 2007. His departure comes as federal investigators continue to expand their probe, which began with the county judiciary, into local school districts, county government and several other public entities.

In an e-mail, Carlson expressed confidence Dennis Pfannenschmidt, who was appointed interim U.S. attorney, will continue to pursue the investigation with the same vigor.

“The commitment of the U.S. Attorney’s Office to justice is complete, total and unwavering, regardless of who holds the title of U.S. attorney,” Carlson said.

Carlson is leaving to take a newly created position as a federal magistrate judge, according to Senior U.S. District Judge William Nealon. He will join U.S. Magistrate Judge Andrew Smyser, who also serves in Harrisburg. Magistrate judges handle arraignments of defendants charged with federal crimes. They also often review civil cases and make recommendations regarding whether the case should be dismissed.

Nealon said the 13 judges of the U.S. District Middle Court met several weeks ago and voted to appoint Carlson to the post. Carlson will officially assume the position once the appointment is cleared by the administrative office of the federal judiciary in Washington, D.C., Nealon said.

“He has a wealth of experience and is highly regarded by the staff in the U.S. Attorney’s Office,” Nealon said. “He has performed very well as far as the court is concerned and has all the credentials to be a fine magistrate judge.”

Nealon said he does not expect Carlson’s departure to negatively impact the corruption probe.

“There are assistant U.S. attorneys who are very much involved and familiar with it,” Nealon said.

Pfannenschmidt, a Pittsburgh native, is a 20-year veteran of the Department of Justice and has served in the U.S. Attorney’s Office since 1988. He served as an assistant U.S. attorney in the criminal division from 1988 to 1998. He most recently headed the civil division of the U.S. Attorney’s Office.

“Mr. Pfannenschmidt and the staff of the office share an absolute commitment to the integrity and faithful execution of the law. He is a great leader and an exceptional public servant,” Carlson said in a prepared statement. “He will be an outstanding United States Attorney.”

As U.S. attorney, Pfannenschmidt will oversee the prosecution of all federal crimes within the middle district, which includes Scranton, Harrisburg and Williamsport. Pfannenschmidt will serve in the post pending the nomination of a replacement that will be made by President Barrack Obama. That person would then have to be confirmed by the Senate.

Carlson was named acting U.S. attorney in October 2007 after the resignation of Tom Marino. He remained in an acting capacity throughout his two-year tenure as neither Obama nor his predecessor, President George W. Bush, nominated a replacement.

Pfannenschmidt said the U.S. Attorney’s Office had achieved “landmark results” during Carlson’s tenure in attacking organized crime, protecting children and prosecuting drug dealers.

“We have recovered more than $127 million for the public and we have earned national recognition for our pioneering work in corporate fraud, drug trafficking investigations and immigration law enforcement,” Pfannenschmidt said in a prepared statement.

Without question Carlson’s most significant accomplishment was the corruption probe that became public in January with the arrests of Luzerne County judges Mark Ciavarella and Michael Conahan. Prosecutors allege they accepted more than $2.6 million in kickbacks in exchange for rulings that benefited the owner and developer of two juvenile detention centers the county utilized.

Those charges were followed by the arrest of three school officials, two court officials, an attorney involved in the juvenile scandal and an employee at the Wyoming Valley Sanitary Authority.

Federal prosecutors have also subpoenaed records from several area school districts, a college, the Sanitary Authority and the Wilkes-Barre/Scranton airport. No charges have yet resulted for the seizure of those records.

Luzerne County District Attorney Jacqueline Musto Carroll praised Carlson for his efforts.

“The people of Luzerne County owe him a great debt of gratitude for all the work he has done on our behalf,” Musto Carroll said.

She said she has confidence that Pfannenschmidt will continue to aggressively pursue the corruption probe.

“I’m sure they chose a person whom they know will get the job done and knows what’s going on,” Musto Carroll said.

Carlson had been directly involved in the investigation, overseeing the cooperative effort of the FBI and IRS. Just last Tuesday, he and his team of prosecutors were seen meeting with attorneys for Ciavarella and Conahan - - several days after U.S. District Judge Edwin Kosik rejected a plea agreement they had reached with prosecutors.

Ciavarella’s attorneys, Al Flora Jr. and William Ruzzo, declined to comment Monday on whether Carlson’s resignation will impact the case. Both commended Carlson for his service.

“I found him to be a very honorable man to work with. He ran an excellent office. He was very accommodating and accessible whenever a major issue came up,” Flora said.

“Marty Carlson is very much a diplomat. Needless to say, his knowledge of the law is impeccable,” Ruzzo said. “To say he was a worthy adversary is a clich�, but it’s very true.”

Attorney Frank Nocito, attorney for former Pittston Area Superintendent Ross Scarantino, who was also charged in the corruption probe, also spoke highly of Carlson.

“Marty is very, very bright,” Nocito said. “There is no doubt he will be an excellent magistrate judge.”

Times Leader staff writer Andrew Seder contributed to this report.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.