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Saturday, March 08, 2003 Page: 5A
WILKES-BARRE
Desi’s suit against
W-B is reinstated
A federal appellate court has reinstated a civil rights lawsuit filed
against the city and police by the owners of Desi’s Famous Pizza.
The decision, filed Thursday by the U.S. Third Circuit Court of Appeals,
says a U.S. District A. Richard Caputo judge erred in January when he
dismissed Martin and Frank Desiderio’s suit based on a ruling by a county
judge that found the Hazle Avenue bar and restaurant was a nuisance under the
state’s liquor code.
The Third Circuit Court said that finding, even if true, does not negate
the Desiderio’s allegations that they were targeted for enforcement – while
other bars with similar problems were not – because they served a black and
Latino clientele.
“It is well established that selective prosecution may constitute illegal
discrimination even if the prosecution is warranted,” the court wrote.
The court notes it is making no determination regarding the veracity of the
Desiderio’s allegations.
The decision reinstates the Desiderio’s complaint that their equal
protection rights were violated, and that they were discriminated against. The
case will now be returned to the U.S. District Court for the Middle District
of Pennsylvania.
WILKES-BARRE
Man sentenced to prison for burglary
Ricardo Ortiz, 22, of West Second Street in Hazleton, was sentenced Friday
to one to two years in a state prison for a burglary.
Police said Ortiz and another man on Aug. 25 broke into a Hazleton
residence and beat and stabbed a man. Ortiz beat the man with a bat, police
said.
Luzerne County Court of Common Pleas Judge Mark Ciavarella sentenced Ortiz.
WILKES-BARRE
Man pleads guilty to exposing himself
Daniel Povoski, 33, of Sharon, Mercer County, pleaded guilty and was
sentenced Friday to three months probation for exposing himself to a bus load
of Meyers High School students.
Police said Povoski on Oct. 9, 2001 was driving a tractor-trailer on
Interstate 81 when he pulled along side the bus and exposed himself to a bus
load of field hockey players en route to a game.
Povoski pleaded guilty to a single count of indecent exposure. An
additional count of open lewdness was dropped in exchange for the plea.
Luzerne County Court of Common Pleas Judge Mark Ciavarella sentenced
Povoski. The probation was transferred to Mercer County.