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Friday, February 04, 2000 Page: 9A
A judge has denied a former Pringle man’s petition seeking permission to
appeal his 1987 conviction for the arson murder of a man. Joseph Souder was
convicted of second-degree murder and sentenced to life in prison without
parole for a 1986 fire at an abandoned home that killed 39-year-old Thomas
Kelly. Police said Souder and a co-defendant, James Golightly, set fire to
the home, not realizing Kelly was inside. Golightly pleaded guilty to
third-degree murder and was sentenced to 15 to 30 years in prison. Souder
sought to appeal his conviction under the state’s Post Conviction Relief Act –
an appeal that is taken after other state appeals have been exhausted. Souder
had to seek court permission to file the appeal because he missed a deadline.
Souder raised several arguments, including that he missed the deadline due to
ineffective assistance of his prior attorney. Luzerne County Court of Common
Pleas Senior Judge Gifford Cappellini on Thursday denied the petition.
Cappellini cited a state Supreme Court ruling that said an ineffective counsel
claim does not “save an otherwise untimely petition.”
WILKES-BARRE
Doctor, care home sued over death
A Sweet Valley man has filed a lawsuit against a physician and personal care
home, claiming his mother developed a fatal blood infection because workers
failed to seek timely medical treatment for her. Charles Eckhart filed suit
Thursday in Luzerne County Court of Common Pleas against Laurel Personal Care
Center and Dr. Abdul K. Tanribilir, both of RR 2, Shickshinny. According to
the suit: Eckhart’s mother, Dorothy Eckhart, no age listed, was admitted to
the center on Oct. 16, 1997. Officials were notified she had a history of
constipation. Eckhart remained at the center until Nov. 5, 1997, when she was
transferred to Berwick Hospital Center for emergency treatment. Hospital
officials determined Eckhart suffered from a serious blood infection brought
on by severe constipation that had been left untreated. Eckhart was severely
dehydrated and malnourished, the suit says. Eckhart died the next day. The
suit claims the care home and Tanribilir were negligent for failing to
diagnose and treat her constipation. The suit seeks more than $40,000 for each
of two counts.