Judge Michael Toole Blamed For Not Enforcing Subpoenas

As the facts surrounding the Luzerne County corruption probe unfold more and more interesting information is seeing the light of day.

According to an article that appeard in the Standard Speaker today then Luzerne County Controller Steve Flood issued subpoenas to probe county contracts for detainining juveniles in a private facility in Pittston Township.

County Commissioner Stephen A. Urban and Sam Stretton, Flood’s solicitor, blame county Judge Michael T. Toole for not ruling to enforce the subpoenas.

“Clearly they were misusing taxpayer funds and sentencing kids to jail to enhance profits,” Stretton said. “We argued (for the subpoenas), and he never ruled on it. That was the problem.”

Toole and Ciavarella were partners at the firm Lowery, Ciavarella, Rodgers & Toole, according to the judges’ biographies in a state publication.

Flood first issued subpoenas for a hearing in April 2005, claiming he had subpoena power when conducting financial investigations. Toole could have ruled against the subpoenas, but that would have given Flood a chance to appeal to get the subpoenas enforced, Stretton said.

In December 2004, the company(PA ChildCare) sued Flood and two state auditors, claiming they released trade secrets when internal audit reports were leaked to the press. At the company’s request, Conahan sealed all documents filed in the case.


Commenting on former Judges Ciavarella and Conahan's involvement Stretton goes on to state

“I had my investigator down there in Florida. We were aware they had a $1 million house down there,” Stretton said. “We would have come up with some things. … (Toole) obviously was helping them by not ruling on the subpoenas.”

Flood issued subpoenas to Powell, Skrepenak, Vonderheid, then-County Engineer Jim Brozena, Chief of Budget and Finance Sam Diaz, Court Director of Administrative Services Paul McGarry and Greg Zappala, then co-owner of Pennsylvania Child Care.

Powell and Zappala claimed answering the subpoenas would violate Conahan’s order to seal documents. Vonderheid accused Flood of using the subpoenas as a publicity stunt for his primary campaign against Petrilla.

On February 10, 2009 Terry Morgan-Besecker reported that a condo linked to Ciavarella and Conahan had a couple of guests.

Judges Michael Toole and Peter Paul Olszewski Jr. said they stayed at the Mariner and Jupiter Yacht Club for a brief time.

Toole, who is a friend and former law partner of Ciavarella’s, said he and two other friends stayed at the condo for two or three nights while on a golf outing with Ciavarella around February 2006.

“I was graciously invited to play golf with Judge Ciavarella,” Toole said. “He is a friend and was kind enough to invite me to stay there.”

Toole said he never accepted a flight on Powell’s plane and also stated he has never been on Powell’s yacht.

The yacht had been the subject of a ruling Toole issued on Oct. 21, 2004, that temporarily prevented the Jupiter Yacht Club’s marina association from terminating Powell’s lease of a dock.

Toole issued the ruling despite the fact an attorney for the marina sought to postpone the hearing so that the marina could obtain a local attorney to represent it. The marina’s attorney also questioned whether the case should be heard in Luzerne County or Florida.

Toole on Monday sought to clarify his ruling on that matter, saying he believes it has been unfairly portrayed.

Toole said he believes jurisdiction was proper in Pennsylvania because the case involved plaintiffs from this state.

“Our citizens, if they enter a contract here, shouldn’t have to fight a corporation in their hometown,” Toole said.

He acknowledged he received a letter dated Oct. 20 that sought to postpone the hearing, but said it did not come to his office until after the hearing had already been held.

Regardless, Toole said his order was only a temporary order. The marina association could have filed court papers challenging the ruling and raising the question of jurisdiction. The attorney never did that, however. The issue became a moot point because the court action was withdrawn by Powell two months later.

“It looked horrible and it really wasn’t that way,” Toole said. “That hearing was in 2004. Two years later I stayed there for two nights. I certainly wouldn’t compromise my integrity ever.”

In other news Luzerne County President Judge Chester B. Muroski revealed for the first time Tuesday that he cooperated in 2006 with federal agents probing corruption at the county courthouse.