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By DAVID WEISS dweiss@leader.net
Tuesday, March 18, 2003 Page: 3A
WILKES-BARRE – Despite being uncertified, Harveys Lake police officer
Charles Musial’s arrest of a man should stand because he was clearly working
in a police capacity when he made the arrest, a prosecutor said Monday.
Luzerne County Assistant District Attorney Tony Ross said Musial met all
the qualifications required for police officers, was fully uniformed,
carrying a badge and acting in the “color of authority” when he arrested
“Hot Dog” Bob Prescott in July.
But Prescott’s attorney, Joe Nocito, said the charges should be dismissed
“based upon (Musial’s) failure to have proper certification” at the time of
the arrest.
“What’s relevant is whether he had his certification,” Nocito said.
The attorneys argued their sides during a hearing Monday before Luzerne
County Court of Common Pleas Judge Michael Conahan. The judge will rule on the
dismissal at a later date.
Musial charged Prescott, 48, with disorderly conduct and other charges
after the two allegedly scuffled in July.
It was later learned that Musial, along with several other officers in the
department, were not properly certified to be police officers in the borough.
Officers must be recertified every two years.
The revelation led to the resignation of the borough’s police chief,
Jeffrey Butler. Borough officials said Butler told them he processed and sent
the proper paperwork needed to be certified. Butler failed to follow-up to see
if the certification was received. Musial was later certified.
Ross, citing an appellate case, said Musial, while not properly certified,
was working as a police officer since 1998 and on patrol in a marked cruiser
when he made the arrest.
The arrest also did not infringe Prescott’s rights and Prescott has no
standing to challenge the arrest, Ross said in asking the charges stand.
Conahan ordered the attorneys to give him additional written arguments
before he makes a ruling.
David Weiss, a Times Leader staff writer, can be reached at 831-7397.