Photo: Myrtle Beach Police Department image (top left)

Horry County Solicitor’s Office image (top right)

Photo: Myrtle Beach Police Department image (top left)

Horry County Solicitor’s Office image (top right)

24. Plaintiff John Doe enrolled as a freshman student at WAHS in the Fall of 2017. Plaintiff was a member of the high school’s baseball team, the Millionaires.

25. In March 2018, the WAHS baseball team took a trip to Myrtle Beach, South Carolina, to participate in a tournament of schools from around the country. Plaintiff was able to “earn” his way on this trip by raising his grades in two weeks and receiving the approval of all of his teachers before he could attend.

26. The WAHS baseball team regularly attended this annual tournament in Myrtle Beach for years prior to 2018. Furthermore, upon information and belief, for years, if not decades, WASD and its coaches, teachers, administrators, and agents were aware of hazing incidents that occurred annually during the baseball team’s Myrtle Beach trip, including prior instances of sexual abuse of students in their care and custody on these outings. Despite actual knowledge regarding the hazing and abusive incidents occurring on the trip, WASD turned a blind eye to these abusive incidents, thus permitting such hazing and abuse to occur regularly under its supervision and failing to take any action to prevent future abuse.

27. The Millionaires baseball team was scheduled to be in Myrtle Beach from March 23, 2018, to March 30, 2018. Accompanying the team, comprised of approximately forty (40) students, were Head Coach Defendant Ryan Miller (“Miller”) and assistant coaches David Heller, Tariq Moore, Kyler Schneider, Nick Caringi, and Joel Worthington.

28. Miller was hired by WASD to be the WAHS varsity baseball coach in (YEAR). However, at the time of Miller’s hiring by WAHS he was ineligible to act as head baseball coach under 24 § P.S. §1-111(f.1) because he was convicted of a second DUI within three years of his date of hiring.

29. Several WAHS administrators, including WAHS Principal Defendant Brandon Pardoe (“Pardoe”) and Athletic Director Defendant Sean McCann (“McCann”), both of whom had sons on the baseball team at the time, also made the WAHS trip to Myrtle Beach in 2018. Defendant Pardoe also had a nephew on the Millionaires baseball team. Outside of the WAHS Baseball coaching staff and administrators, there were no other adult chaperones on the trip.

30. George E. Lepley, Jr. (“Lepley”), a criminal defense attorney local to Williamsport, was also present in Myrtle Beach at the same time to watch his grandson play baseball in the tournament.

31. The Millionaires baseball team, under Miller’s name, reserved ten (10) bedrooms at the Atlantica Resort in Myrtle Beach: nine (9) two-bedroom suites and one (1) single bedroom suite. There were no more than two (2) rooms per floor assigned to Miller and the team—rooms were therefore scattered all over the sprawling Atlantica Resort tower.

32. Students were assigned to bedrooms, despite Defendants WASD, Pardoe, McCann, and Miller denying record of such assignments existing for years subsequent to the events described herein.

33. Upon information and belief, however, Defendants Pardoe and McCann did not stay with the team at the Atlantica Resort but instead at beach houses.

34. In fact, some of the WASD administrators there to chaperone the baseball team attended a party at beach house in Garden City, South Carolina, with a portion of the team. Present at the party were Pardoe and McCann and at least ten students. This event was approximately 11 miles from the Atlantica Resort. Upon information and belief, Head Coach Ryan Miller and assistant coaches David Heller, Tariq Moore, Nick Caringi, Kyle Schneider, and Joel Worthington were out in Myrtle Beach at the same time as the party, leaving the rest of the team alone at the hotel, despite knowing the foreseeable harm likely to occur to students, including Plaintiff, in their care and custody when left completely unsupervised.

35. One evening during the trip at the Atlantica Resort, Plaintiff was assaulted by at least one teammate while he slept. This student, B.M., sat on Plaintiff and placed his penis on Plaintiff’s face, making skin-to-skin contact with him, while Plaintiff slept. B.M. also placed his bare buttocks on Plaintiff’s face. Plaintiff did not consent to this criminal sexual conduct, which constitutes violations of Pennsylvania criminal statutes prohibiting Indecent Assault (18 Pa. C.S.A. § 3126), Indecent Exposure (18 Pa. C.S.A. § 3127), and Institutional Sexual Assault (18 Pa. C.S.A. § 3124.2(a.2)(1).

36. As an older team member and without any other supervision, B.M. was placed in a position of authority, care, supervision, guidance and/or control over Plaintiff at the time of the assault. Moreover, B.M.’s assault of Plaintiff was done to haze, harm, and/or hurt Plaintiff and/or for the purpose of arousing or gratifying B.M.’s sexual desire, including a sexual desire to
overpower and humiliate Plaintiff.

37. Prior to the assault, B.M., and other students on the team repeatedly used racial slurs to refer to Plaintiff, who is black. After the assault, B.M. and/or other students on the team threatened to lynch Plaintiff if he told anyone about what occurred.

38. Shockingly, this was not the only sexual assault to take place at the Atlantica Resort involving members of the Millionaires baseball team. Another student, Male Victim #1, who is white, was held down by multiple teammates while B.M. sodomized him with a television remote.

39. The sexual assaults, including the assault of Plaintiff by B.M., was captured on a mobile device by another member of the team, Videographer #1.

40. Upon information and belief, multiple videos were filmed of Plaintiff being assaulted. The first video shows B.M. in a state of undress, with his pants and underwear around his ankles, and Plaintiff in a room at the Atlantica Resort. Other individuals are heard in the video as being present in the room with B.M. and Videographer #1, including at least two additional WAHS teammates, one of whom is the nephew of Defendant Pardoe. These students are heard laughing. A second video depicts the assault of Plaintiff: B.M. is seen sitting on Plaintiff’s face, placing his penis on the face of the victim. A third video depicts the assault of Male Victim #1, who was held down by multiple teammates and can be heard screaming while B.M. attempts to or does in fact sodomize Male Victim #1 with a television remote. Multiple WAHS players are seen and heard as being present for the assaults in these videos.

41. Upon information and belief, WASD agents, employees, administrators and/or coaches including but not limited to Pardoe, Miller, and McCann learned of the videos recorded of assault of Plaintiff and the other victims while the WAHS baseball team was still in Myrtle Beach, South Carolina. In fact, Miller repeatedly called WAHS baseball assistant coach, Randy Zangara (“Zangara”), who did not attend the trip, the night of the assault—indicating that WAHS employees were aware of Plaintiff’s assault almost immediately.

42. WASD agents, employees, administrators and/or coaches, including Pardoe—the Head Principal of the high school—at some point after they were aware of the assaults— then unlawfully instructed students on the baseball team to delete any videos they may have taken of the assault. That is, instead of reporting the criminal assault on Plaintiff or taking control of the situation in any way, WASD attempted a very feeble cover up. WASD’s agents, employees, administrators and/or coaches knew or should have known that their instructions were not sufficient to prevent further harm to Plaintiff from potential dissemination of said videos.

43. Aside from removing Plaintiff from the baseball team, WASD’s agents, employees, administrators and/or coaches did nothing else to address Plaintiff’s assault for months, allowing the dissemination of the videos and enabling the continued harassment of Plaintiff.

44. Shortly after the team returned from Myrtle Beach, Plaintiff was removed from the baseball team by WAHS.

45. Moreover, in the aftermath of the Myrtle Beach trip, videos of Plaintiff’s assault were shared to the phone of B.M. and also shared on social media with multiple parties on the team and in the WASD community at large. In fact, B.M. even shared videos of the assault on his phone with other students in the WAHS cafeteria once the team returned to Williamsport. B.M. bragged about what had occurred.

46. Thus, in the days and weeks after returning to Williamsport, Plaintiff was called derogatory names, including “dick lips,” by students at WAHS who had seen videos(s) of his assault. Plaintiff was repeatedly harassed, bullied, and tormented by students who had viewed his assault because WASD had done nothing prevent this behavior from occurring. Rather, WASD was deliberately indifferent to the hostile educational environment it created in its reaction to Plaintiff’s sexual abuse.

47. If WASD had promptly investigated, properly disciplined offending students, and taken appropriate action to stop any dissemination of videos of Plaintiff’s sexual abuse, WASD would have had control over the situation, would have prevented students from viewing the videos on social media, and, therefore, would have prevented students from harassing Plaintiff after
having watched his abuse.

48. On or around May 18, 2018, a report was made to Lycoming County Children and Youth Services (“CYS”) employees about an alleged sexual assault on some member(s) of the baseball team by other members of the team. These allegations pertained to the assaults of Plaintiff and Male Victim #1.

49. These CYS employees are mandated reporters pursuant to 63 Pa.C.S. § 6311, et seq. They subsequently made a report to Child Line of the allegations and then contacted Defendant William Weber, then Chief County Detective for Defendant Lycoming County, who worked out of the Lycoming County District Attorney’s Office. Weber, in turn, contacted WAHS Principal, Defendant Brandon Pardoe, regarding the CYS report.

50. Pardoe, Weber, Zangara, and WASD school board member Barbara Reeves live, respectively, at 43, 53, 56, and 57 Keyser Circle in Williamsport—literally within feet of each other on the same street.

51. Moreover, for years before he became a detective at the DA’s Office, Weber was a member of the Williamsport City Police Department and the Lycoming County Child Abuse Investigation Team and was therefore intimately familiar with WAHS and personal friends with several of its employees.

52. Plaintiff believes, and therefore avers, that Pardoe approached his neighbor Weber shortly after the assaults occurred in Myrtle Beach. Plaintiff believes, and therefore avers, that Pardoe, as an agent of WASD, asked Weber, as an agent of LC, to intervene in any potential investigation of the Myrtle Beach assaults—should they ever become public—in an effort to shut said investigation down, thus protecting Pardoe, WASD, and the other administrators, teachers, and coaches who were responsible for Plaintiff’s assault and subsequent harassment.

53. In a report that Defendant Weber would author almost five months later in October 2018—the first and only time he drafted an investigative report related to the assault of Plaintiff—Weber recalls informing CYS in mid-May 2018 that he would look into the matter due to his “familiarity” with the WAHS baseball program since his son was previously a member of the Millionaires and Weber himself attended the Myrtle Beach tournament for three years.

54. Defendant Weber also wrote that he informed Defendant Pardoe that Weber had no jurisdiction over what happened in Myrtle Beach, “but would assist and make referrals if need be.” Weber also told Pardoe that he was “aware of the trip and what usually goes on during the annual trip.” Plaintiff believes, and therefore avers, that Weber was aware of the hazing and assaultive behavior which regularly took place on the WAHS annual trip to Myrtle Beach.

55. Both Defendant Pardoe and Defendant Weber are also mandated reporters pursuant to 63 Pa. C.S. § 6311, et seq. Neither ever made a report to Child Line concerning what they learned from CYS.

56. Upon information and belief, it was also at this time in May 2018 that Defendant Weber gained possession of at least one of the videos depicting the assaults. However, Weber did not take any further action despite also being a mandated reporter and law enforcement official. Weber did not contact the Williamsport City Police Department nor the Pennsylvania State Police regarding the video he obtained, which constituted child pornography under Pennsylvania and United States law. Weber did not so much as even communicate the allegations of criminal sexual conduct to a single prosecutor in the LC DA’s Office at or around the time he received the report.

57. Moreover, Weber did not forward the video in his possession to the Myrtle Beach Police Department (“MBPD”) nor contact them about the allegations, despite the MBPD being the proper law enforcement entity to have jurisdiction over the criminal behavior of B.M. in South Carolina.

“Part II: The Response of WASD and LC to the Sexual Assault of Plaintiff” in this series, is forthcoming.

This is an exclusive and developing story on TalkWilliamsport.com.

Photo: Myrtle Beach Police Department image (top left)

Horry County Solicitor’s Office image (top right)

A previous, multi-part series of articles was published on this website with results of a more than 18-month long investigation by Talk Williamsport.com.

This story is graphic and contains details related to multiple indecent sexual assaults.

The author and editor of this story have made the editorial decision to not publish the names of the individuals under the age of 18 at the time of the incident who have been clearly identified as committing these acts in this case; even though they have been formally charged with a crime in South Carolina.

 

A Baseball Story In The Birthplace Of Little League Baseball

IF NOTHING HAPPENED IN MYRTLE BEACH

WHY WON’T THE WASD TELL US THE STORY?

THE 2018 WAHS BASEBALL MYRTLE BEACH STORY – “FACTUAL HISTORY”

By Todd Bartley, Talk Williamsport

News@talkwilliamsport.com

The following series is based upon the recent First Amended Complaint filed in Federal Court by the attorneys for John Doe #1; who was indecently sexually assaulted during the Williamsport Area High School Baseball Team trip in Myrtle Beach, South Carolina in the spring of 2018.

From the First Amended Complaint filed on Thursday, May 11, 2023.

“19. This lawsuit is about an educational institution that had special responsibilities and obligations to protect the most innocent among us—children and students—from sexual abuse and the complete and abject failures of that same educational institution to fulfill those responsibilities and obligations. Williamsport Area High School (“WAHS”), operated and administered by Defendant WASD, failed in its most basic legal duties to guard against the sexual abuse of a minor.

For years, if not decades,

WASD was aware of hazing incidents that would occur

on school sponsored athletic trips,

including instances of sexual abuse of students

in their care and custody on these outings.

 

Yet, WASD turned a blind eye to the knowable and reasonably knowable,

allowing child sexual abuse to occur under its supervision.

 

However, this matter is also about the cover-up of abuse

perpetrated by Defendant WASD and its

staff/representatives/agents, including but not limited to

Defendants Dr. Brandon Pardoe, Roger Freed,

Sean McCann, Ryan Miller, and Fred Holland

in choosing to protect their own reputation

and the reputation of WASD

at the expense of the safety

and well-being of children in their care, custody, and/or control, including Plaintiff.”

 

From the First Amended Complaint filed on Thursday, May 11, 2023:

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JOHN DOE
c/o Laffey, Bucci & Kent
1100 Ludlow Street, Suite 300
Philadelphia, PA 19107
Plaintiffs,

v.

WILLIAMSPORT AREA SCHOOL
DISTRICT, LYCOMING COUNTY, DR.
BRANDON PARDOE, ROGER FREED,
SEAN McCANN, RYAN MILLER, FRED
A. HOLLAND, ESQ., WILLIAM WEBER,
in his individual and official capacity, and
JOHN and JANE DOEs #1-#20 (ficticious
names), whose true identities are currently
unknown to Plaintiffs, Defendants.

CIVIL ACTION NO.
4:22-CV-01387-MWB
JURY TRIAL DEMANDED

FIRST AMENDED COMPLAINT

Plaintiff, John Doe, by and through his undersigned counsel Laffey, Bucci & Kent LLP and Stapp Law, LLC, hereby brings the following First Amended Complaint before this Honorable Court and avers the following in support thereof:

JURISDICTIONAL STATEMENT

1. This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. §1331, which vests this Honorable Court with original jurisdiction over all civil actions arising under the Constitution, laws, and treaties of the United States. This Court also has subject matter jurisdiction pursuant to 28 U.S.C. § 1343, which grants district courts original jurisdiction over any civil action to recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights.

2. This Honorable Court has supplemental subject matter jurisdiction over all related State-law based claims herein pursuant to 28 U.S.C. § 1367, which vests the federal district courts jurisdiction over all other claims related to claims in the action by which the Court has original jurisdiction that are arising out of the same case or controversy under Article III of the United States Constitution.

3. Plaintiff brings this action to redress a hostile educational environment where Plaintiff was subject to sexual assault and sexual harassment due to the actions and inaction of Defendants. Plaintiff has Standing to bring forth his claim pursuant to Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., as set forth more fully herein.

4. Plaintiff also seeks redress under the Pennsylvania common law theories of negligence and negligence per se against the Defendants.

5. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b), because the Defendants reside within the Middle District of Pennsylvania and the events giving rise to the claims occurred in this district.

PARTIES

6. Plaintiff, John Doe (fictitious, anonymous name), is an adult male whose name and address are not contained in this First Amended Complaint so as to protect his privacy and identity as he incurred injuries and damages of a sensitive nature as a minor child as a result of the negligent acts and failures of Defendants outlined below. Information which would or could identify John Doe is not contained herein. Plaintiff may be contacted through his counsel as outlined herein.

7. Defendant Williamsport Area School District (hereinafter “WASD”) is a school district organized pursuant to the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 1-101, et seq., and maintains an office at 2780 W. 4th Street, Williamsport, PA 17701. WASD operates Williamsport Area High School (“WAHS”), which Plaintiff John Doe attended.

8. At all relevant times, Defendant WASD was the recipient of Federal Financial Assistance.

9. Defendant Lycoming County (hereinafter “LC”), is a local government unit and is a county of the Commonwealth of Pennsylvania with business offices located at 330 Pine Street, Williamsport, PA 17701. LC oversees and/or controls the Lycoming County Office of the District Attorney (hereinafter “DA’s Office”), located at 48 West Third Street, Williamsport, PA 17701, and its county detectives. LC is a “person” as the term is used in 42 U.S.C. § 1983.

10. Defendant Dr. Brandon Pardoe is an adult individual, employed by the WASD, and was at all relevant times, the Head Principal of WAHS. Pardoe was responsible for ensuring that WAHS provides for the safety and care of children while in the custody of WASD. Pardoe is sued in his official and individual capacities for his actions and/or inactions made under color of state law and in violation of Plaintiff’s Constitutional rights as described more fully herein.

11. Defendant Roger Freed is an adult individual, employed by the WASD, and was at all relevant times, an Assistant Principal of WAHS. Freed was responsible for ensuring that WAHS provides for the safety and care of children while in the custody of WASD. Freed is sued in his official and individual capacities for his actions and/or inactions made under color of state law and in violation of Plaintiff’s Constitutional rights as described more fully herein.

12. Defendant Sean McCann is an adult individual, employed by the WASD, and was at all relevant times, the Athletic Director of WAHS. McCann was responsible for ensuring that WAHS provides for the safety and care of children while in the custody of WASD. McCann is sued in his official and individual capacities for his actions and/or inactions made under color of state law and in violation of Plaintiff’s Constitutional rights as described more fully herein.

13. Defendant Ryan Miller is an adult individual who was employed as the Head Baseball Coach for WAHS from approximately 2016 until April 2018. Miller was responsible for ensuring that WAHS provides for the safety and care of children while in the custody of WASD. Miller is sued in his official and individual capacities for his actions and/or inactions made under color of state law and in violation of Plaintiff’s Constitutional rights as described more fully herein.

14. Defendant Fred A. Holland, Esq., is an adult individual, employed by the WASD, and was at all relevant times, the Solicitor for Defendant WASD. Holland was responsible for ensuring that WAHS provides for the safety and care of children while in the custody of WASD. Holland is sued in his official and individual capacities for his actions and/or inactions made under color of state law and in violation of Plaintiff’s Constitutional rights as described more fully herein.

15. Defendant William Weber is an adult individual who was employed by LC as a LC County Detective, assigned to the DA’s Office at all relevant times. Weber is sued in his official and individual capacities for his actions and/or inactions made under color of state law and in violation of Plaintiff’s Constitutional rights as described more fully herein.

16. Defendants Jane and John Does #1 through #20 are currently unknown by actual name after a reasonable search with due diligence. Defendants Does #1-#20 are believed and averred to have exposed Plaintiff to undue risk and actual harm by putting him in a situation where he could—and ultimately—would be sexually assaulted by another student, who failed to adequately investigate and respond to Plaintiff’s sexual assault, and who conspired to cover up both the assault and their failures to properly investigate and respond to said assault, thus causing Plaintiff to be harassed and bullied at school. Said harassment, which caused Plaintiff to leave WAHS, would not have occurred but for the Defendants’ failure to immediately report, discipline, and exercise the appropriate control over the conduct of the students in their care and custody. Defendants Does #1-#20 include, but are not limited to, administrators, school board members, teachers, counselors, coaches, former employees and/or charged agents/employees of Defendants WASD, LC, and other individuals who conspired with the aforementioned defendants and/or are responsible for Plaintiff’s abuse, harassment, and the cover-up of said abuse and harassment.

17. At all relevant times hereto, Defendants WASD and LC were acting by and through their duly authorized actual and/or apparent agents, servants and employees, in particular, their principals, vice principals, school board, school board presidents, teachers, staff, supervisors, and/or team coaches and/or activity coordinators, acting within the course and scope of their actual and/or apparent agency and/or employment.

18. Defendants herein are directly and vicariously liable to Plaintiff for injuries sustained as a result of negligence, gross negligence, outrageous conduct, and reckless misconduct as described further herein, as well as for violations of Plaintiff’s constitutional rights as described further herein, by persons or entities whose conduct was under their control, or right to control
which conduct directly and proximately caused all of Plaintiff’s injuries.

FACTUAL HISTORY

19. This lawsuit is about an educational institution that had special responsibilities and obligations to protect the most innocent among us—children and students—from sexual abuse and the complete and abject failures of that same educational institution to fulfill those responsibilities and obligations. Williamsport Area High School (“WAHS”), operated and administered by Defendant WASD, failed in its most basic legal duties to guard against the sexual abuse of a minor. For years, if not decades, WASD was aware of hazing incidents that would occur on school sponsored athletic trips, including instances of sexual abuse of students in their care and custody on these outings. Yet, WASD turned a blind eye to the knowable and reasonably knowable, allowing child sexual abuse to occur under its supervision. However, this matter is also about the cover-up of abuse perpetrated by Defendant WASD and its staff/representatives/agents, including but not limited to Defendants Dr. Brandon Pardoe, Roger Freed, Sean McCann, Ryan Miller, and Fred Holland in choosing to protect their own reputation and the reputation of WASD at the expense of the safety and well-being of children in their care, custody, and/or control, including Plaintiff.

20. WASD was able to cover-up abuse perpetrated on Plaintiff John Doe by another student enrolled at WAHS with the assistance of Defendant William Weber, a Lycoming County detective employed by Defendant LC and assigned to the DA’s Office. Together they conspired with WASD and the above-named administrators and employees of WASD to conduct a fraudulent investigation which included the destruction and/or attempted destruction of evidence, the suppression and/or attempted suppression of witnesses, failure to cooperate with law enforcement, falsifying records and/or fabricating information in official investigatory documents, and other acts and omissions further outlined throughout this First Amended Complaint which ensured that the perpetrator of Plaintiff’s abuse was able to escape repercussion, thus depriving Plaintiff the opportunity for justice, discriminating against him, and violating his constitutional rights.

21. The Defendants’ failure to immediately report, discipline, and exercise the appropriate control over the conduct of the students in their care and custody, caused Plaintiff to be harassed and bullied at school in the wake of his assault. WASD and its agents, employees, and representatives were aware of the ongoing and continued harassment of Plaintiff at WAHS and did absolutely nothing to stop it. WASD was deliberately indifferent to such conduct, thereby encouraging and enabling the harassment and bullying to continue unabated until Plaintiff John Doe was forced to leave WAHS due to the hostile environment enabled by Defendants.

22. Moreover, Plaintiff John Doe, who is black, was treated less favorably by the Defendants than a similarly situated white student who was also sexually abused on the same WAHS athletic trip. The Defendants violated Plaintiff’s due process and equal protection rights by, among other things outlined herein, by conducting a biased or rigged investigation into the assault on Plaintiff, all while conducting an unbiased investigation into the abuse of the white male victim. At the conclusion of the investigation into the assault committed against the similarly situated white victim, Defendants made a payment of $10,000 to the white victim, while failing to even investigate the abuse against Plaintiff. Plaintiff was removed from the baseball team, but the other similarly situated victim was not. Plaintiff was not afforded the same treatment as the similarly situated white victim and was therefore discriminated against on the basis of his race.

23. Defendants WASD and LC failed in a myriad of ways including, but not limited to: (a) not properly vetting their staff, including Pardoe, Freed, McCann, Miller, Holland and Weber; (b) not properly training and/or supervising their staff; negligently retaining staff they knew or should have known were unqualified to supervise and protect students in their care and custody and/or who were actively working to cover-up the sexual assault of a child; (c) failing to investigate reports of concerning and/or criminal behavior; (d) and failing to have in place any legitimate measures to protect against, investigate, and respond to a student-on-student sexual assault, the very thing that happened to Plaintiff in this suit. Defendants did not simply stick their heads in the sand, they actively obstructed the administration of justice, discriminated against an innocent child victim to protect the perpetrator of a criminal sexual offense, purposefully treated a white victim of the same abuse more favorably, made material misrepresentations to law enforcement and the public, and acted out of self-interest in order to protect the reputation of the school and the baseball team, thereby exposing thousands of vulnerable students to a dangerous environment and, in the process, violating Plaintiff’s Constitutional rights.

Part: I. The Sexual Assault of Plaintiff in this series, is forthcoming.

This is an exclusive and developing story on TalkWilliamsport.com.

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

TalkWilliamsport.com will live video stream the Lycoming County Democratic Committee, Democratic Candidate Forum.

The event will feature the Democratic candidates running for Lycoming County Commissioner.

The live stream available by clicking the image below will begin around 6:30 p.m. this evening from Park Place in Williamsport.

 

IMAGES: Josh Shapiro, PA Governor and former PA Attorney General (left),

Willie Weber, Former Lycoming County Chief Detective,

current MASD School Police Officer, 

current Little League World Series Team Host (Uncle) (top middle),

Williamsport Bureau of Police logo (bottom middle)

Brandon Pardoe WASD Director of Student Services, Deputy Title IX Coordinator

and former WAHS head principal (right).

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

In his 35-page MEMORANDUM OPINION issued on Thursday, Matthew W. Brann, Chief United States District Judge takes to task former WAHS head principal Brandon Pardoe, former Lycoming County Chief Detective Willie Weber as well as WASD Solicitor Fred Holland who allowed both men to participate in running investigations into the criminal sexual assault of JOHN DOE #1 during the 2018 Williamsport Area High School baseball team trip in Myrtle Beach, South Carolina.

Brann, as previously reported by TalkWiliamsport.com takes significant issue with former Pennsylvania Attorney General and current Governor Josh Shapiro and calls into question the decision made not to file criminal charges in the case.

(Editor’s Note: The numbers at the end of the sentences are footnote references from the MEMORANDUM OPINION.)

 

From Pages 7 & 8 of the MEMORANDUM OPINION:

3. The “Millionaire Mayhem” Story

After facing months of humiliation and ridicule from his peers stemming from the Myrtle Beach assault, Doe finished his freshman year and left WAHS. 37

Following Doe’s departure, in August 2018, a local journalist published an article detailing the Myrtle Beach incident under the headline: “Millionaire Baseball Mayhem in Myrtle Beach.” 38

The journalist contacted Weber, who confirmed his possession of one of the videos of the assault, which he stated would not be sent to the Myrtle Beach Police Department (“MBPD”). 39

The journalist had also contacted the MBPD and learned that MBPD personnel were never informed of the assault. 40

In response, the MBPD contacted Pardoe,

who referred it to Weber without providing any additional information. 41

 

From, Brandon Pardoe, WAHS head principal: “Can I ask who you tried to speak with?” (talkwilliamsport.com)

Audio of the call between Detective Aiesi, Myrtle Beach Police Department and then WAHS head principal Brandon Pardoe; which was obtained through a Freedom of Information Act request to the Myrtle Beach Police Department.

 

 

From Pages 7 & 8 of the MEMORANDUM OPINION:

A Williamsport police officer told the MBPD

that the Williamsport police had never taken a report of the incident. 42

 

Several school resource officers stationed at WAHS and Lycoming County Assistant District Attorney Jeffrey Yates, who was responsible for the prosecution of juvenile crimes, also learned of the incident for the first time when contacted by MBPD or through reading the Millionaire Mayhem article. 43

 

From Page 26 of the MEMORANDUM OPINION:

“Doe alleges that Defendants violated several criminal statutes: 18 Pa. C.S. §§4904 (unsworn falsification), 4910 (tampering with evidence), 4952 (intimidation of a witness), 5101 (obstructing administration of law), and 5301 (official oppression). 118

He also alleges that Defendants’ failure to report B.M.’s sexual assault violated 23 Pa. C.S. § 6311 and the Educator Discipline Act, 24 P.S. § 2070.1 et seq. 119

Based on the allegations in the Complaint,

the only potential statutory violation that Holland could have taken a part in

is the failure to report B.M.’s assault to the authorities,

in violation of 23 Pa. C.S. § 6311 and 24 P.S. § 2070.9a(a)(3.1). 120

Footnote references:

118 Compl., Doc. 1 ¶ 194.

119 Id. ¶ 199. Doe does not identify which particular section of the Educator Discipline Act Defendants violated. Section 2070.9a requires educators to report instances of sexual abuse in a manner similar to that provided in 23 Pa. C.S. § 6311.

120 See 23 Pa. C.S. § 6311(a)(14) (including “attorney[s] affiliated with an agency, institution, organization or other entity, including a school” as mandatory reporters).”

 

From Page 27 of the MEMORANDUM OPINION:

“The other identified violations could only stem from Weber’s and Pardoe’s actions. 121

 

Both § 6311 and § 2070.9a(a)(3.1) require school officials to report

sexual misconduct in certain circumstances that appear present here.”

 

Footnote references:

“121 Doe alleges that Weber’s recollection of his meeting with Doe published in Weber’s report was an intentional falsification, which would appear to violate 18 Pa. C.S. § 4904 and/or §4910. See Compl., Doc. 1 ¶ 51. Doe also alleges that Pardoe met with the student who filmed B.M. assaulting Doe and told her to refrain from speaking about the incident. See id. ¶ 56.

Assuming Pardoe’s actions constituted “intimidation”

—which is far from clear—

his contact with the student who took the video of the assault and his mother

could potentially serve as a violation of 18 Pa. C.S. § 4952.

The Complaint alleges Holland participated in the investigation of Doe’s assault, but it does not connect him to the allegations that could serve as the basis for the criminal violations Doe identifies in Count X. But it is not at all clear that any of the criminal statutes Doe cites to—aside from 23 Pa. C.S. § 6311—are intended to protect him.

They appear to protect the general public’s interest in the integrity of the judicial and prosecutorial functions, not the individual interests of victims of an underlying offense.”

From Page 33, footnote reference 139 of the MEMORANDUM OPINION:

“Although the Court has already dismissed Doe’s negligence per se claim (Count X) on different grounds, Doe’s claim presents a more complex problem in the context of the PPSTCA. The PPSTCA’s exceptions only apply to “negligent acts.” The Court infers from the word “acts” that the statute focuses on the underlying conduct rather than the legal nature of the claim.

One could bring a negligence action based on intentional conduct.

 

Indeed, some of the statutory violations underlying Count X

are criminal statutes that clearly contemplate intentional acts.

See 18 Pa. C.S. § 4904 (criminalizing certain actions when done

“with intent to mislead a public servant in performing his official function”).

 

But one could violate 23 Pa. C.S. § 6311 negligently or intentionally.

In any event, the Court need not reach this issue at this time, having dismissed Count X against all Defendants on different grounds.

Additionally, municipal employees are not entitled to immunity

if their actions constituted “crime[s], actual fraud, actual malice or willful misconduct.

18 Pa. C.S. § 8550.

Doe’s IIED Claim (Count VII) and negligence per se claims (Count X) may overcome the individual Defendants’ immunity defenses under section 8550 but, as discussed above, Doe fails to adequately allege an intentional act or willful misconduct.”

Based on the findings of the 35-page MEMORANDUM OPINION issued on Thursday by Matthew W. Brann, Chief United States District Judge; TalkWilliasmport.com contacted the most senior elected officials in Pennsylvania for their insights into a black student athlete being criminally sexually assaulted by a white teammate and the subsequent investigations conducted.

 

Kate Foley, Communications Specialist in the Office of Pennsylvania Attorney General, Michelle A. Henry offered the following Friday afternoon when contacted for this story, “We have no comment here. Kate”

A message seeking comment from current Pennsylvania Governor and former Attorney General, Josh Shapiro has not been responded to at this writing.

A message seeking comment from current Pennsylvania Lieutenant Governor Austin Davis has not been responded to at this writing.

A message seeking comment from current Speaker of the House and Majority Leader Joanna McClinton has not been responded to at this writing.

On background: Currently, Austin Davis serves as chair of the Allegheny County House Democratic Delegation and vice chair of the House Democratic Policy Committee, as well as serving on the House Appropriations Committee, House Consumer Affairs Committee, House Insurance Committee, and House Transportation Committee. Austin is also a member of the Pennsylvania Legislative Black Caucus, Climate Caucus, and PA SAFE Caucus.

In November 2022, Austin made history and was elected as the first Black Lieutenant Governor of Pennsylvania, and as the youngest Lieutenant Governor elected in the country.

From the WASD school board meeting minutes from April 5, 2022:

G. Brandon S. Pardoe, was promoted from full-time Head Principal at the Williamsport Area High School to full-time Director of Student Services (245 day) at District Service Center effective July 1, 2022, at a salary of $134,509 and benefits as provided in the ACT 93 Compensation Plan (replacing Richard Poole, transferred).

At this writing, Brandon Pardoe is employed as the Williamsport Area School District Director of Student Services and Deputy Title IX Coordinator.

The same Title IX, John Doe #1 is pursuing a federal civil rights violation case under and the Count, Matthew W. Brann, Chief United States District Judge allowed the case to proceed on against the same Williamsport Area School District which employs Dr. Brandon Pardoe.

At this writing, former Lycoming County Chief Detective Willie Weber remains employed as a part-time school police officer by the Montgomery Area School District. He was hired to the position at the July 19, 2022 MASD school board meeting.

At this writing, Fred Holland who permitted Pardoe and Weber to conduct investigations remains the WASD Solicitor.

A majority of current Williamsport Area School District School Board members voted to promote Dr. Pardoe to his current positions as well as the renewal of Fred Holland as WASD Solicitor.

The promotion of Pardoe was unanimously approved by: PRESENT: Lori A. Baer, Cody L. Derr, Patrick A. Dixon, Jennifer Lake, Barbara D. Reeves, Jamie L. Sanders, Adam C. Welteroth, Scott R. Williams. ABSENT: Michelle L. Deavor.

The entire MEMORANDUM OPINION and ORDER are accessible by clicking the underlying links.

This is an exclusive and developing story on TalkWilliamsport.com.

Photo: Former Pennsylvania Attorney General and current Governor Josh Shapiro

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

It appears from the MEMORANDUM OPINION issued on Thursday by Matthew W. Brann, Chief United States District Judge; former Pennsylvania Attorney General and current Governor Josh Shapiro has a multitude of questions to answer regarding the decision his office made not to file criminal charges in case based on the criminal sexual assault of JOHN DOE #1 during the 2018 Williamsport Area High School baseball team trip in Myrtle Beach.

From the MEMORANDUM OPINION:

IV. CONCLUSION

Despite the unsettling nature of Doe’s allegations, he fails to demonstrate a legal basis for the remedies he seeks on his constitutional and state-law claims.

Some of the misconduct Doe alleges involves violations of the law that are not his to pursue.

As to some of those violations, the appropriate authorities have exercised their discretion not to act.

As to others, the Pennsylvania General Assembly has decided

that private civil actions are not the appropriate remedy.

That said, the Court will grant Doe leave to amend his pleading in accordance with the Court’s analysis. But for the foregoing reasons, the Court grants Defendants’ motions in part.

An appropriate Order follows.

BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge

In the 35-page MEMORANDUM OPINION issued on Thursday, Judge Brann meticulously refers to each and every alleged instance of potential criminal liability by the Defendants in the case and provides a road map for most if not all of the dismissed counts to be refiled in an Amended Complaint.

Brann goes even further by chiding those “appropriate authorities have exercised their discretion not to act”; in doing so, on reason and belief it is a calling out of their combined failures and potentially a challenge to reopen the case, which in the most plausible eventuality leads to criminal charges against those who failed to act in the case.

Messages have been sent seeking comment on this story, to the Office of Pennsylvania Attorney General as well as Governor Josh Shapiro.

The entire MEMORANDUM OPINION and ORDER are accessible by clicking the underlying links.

This is an exclusive and developing story on TalkWilliamsport.com.

 

Photo: Myrtle Beach Police Department image (top left)

Horry County Solicitor’s Office image (top right)

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

On Thursday, Matthew W. Brann, Chief United States District Judge, issued a scathing MEMORANDUM OPINION in the federal civil rights lawsuit brought by JOHN DOE #1 who was criminally sexually assaulted during the 2018 Williamsport Area High School baseball team trip in Myrtle Beach, South Carolina.

The case was filed in the United States District Court for the Middle District of Pennsylvania.

Chief Judge Brann offered the following in his MEMORANDUM OPINION, dated APRIL 27, 2023:

“More frequently than the Court would have it, it must address cases that “arise from unsettling facts presented by sympathetic plaintiffs”—students who suffered sexual abuse in educational settings. Unfortunately, this is one of those cases.”

Brann goes onto say, “Plaintiff John Doe sues numerous Defendants for their allegedly tortious and unconstitutional actions arising from what appears to be a hazing incident involving the Williamsport Area High School’s (“WAHS”) baseball team, the Williamsport Millionaires while in in Myrtle Beach, South Carolina.”

Specifically, Brann writes,

“While attending an annual baseball tournament in Myrtle Beach, Doe’s teammates

repeatedly directed racial slurs at Doe, a black student,

and B.M., one of Doe’s teammates, sexually assaulted him.”

 

Brann made note in his MEMORANDUM OPINION of the lack of adult supervision,

“The students were left unsupervised by Defendants Dr. Brandon Pardoe,

WAHS’s principal (whose nephew then played for the Millionaires);

Sean McCann, WAHS’s athletic director;

and Ryan Miller, WAHS’s head baseball coach.”

He further states, “One of Doe’s teammates took a video of the assault. Pardoe, McCann, and Miller attempted to destroy the video, but it was too late. The video was disseminated on social media to other WAHS students. As a result, Doe suffered constant harassment and humiliation from his peers.

It did not stop there. Eventually someone reported the incident. That report made its way to Defendant William Weber, then a detective working for the Lycoming County District Attorney’s Office. Weber, whose son formerly played for the Millionaires, undertook to personally investigate the incident.

Weber and the other Defendants allegedly swept the incident under the rug, intentionally withholding information, such as the video of the assault, from the Myrtle Beach Police Department (“MBPD”). During the investigation, Defendant Fred A. Holland, the solicitor for Defendant Williamsport Area School District (“WASD”) became involved with the investigation. Eventually, Weber concluded that WAHS appropriately handled the situation and closed his investigation. The only consequent discipline was a two-game suspension of B.M. and the student who took the video.”

Chief Judge Brann took special notice of the depth of the case and alleged misconduct engaged in;

“That would not be the end of this ill-fated saga. The story of Doe’s assault then found its way to the press.

The MBPD subsequently became involved and contacted Defendants for information. Attorneys at the Lycoming County District Attorney, including the prosecutor charged with investigating and prosecuting juvenile offenses, then learned about the incident for the first time. Defendants purposefully omitted relevant information in their communications with both local and Myrtle Beach law enforcement personnel.

Weber claimed the matter was resolved as no crimes had been committed,

despite B.M.’s admission to Weber that he touched Doe with his genitalia.

 

WASD issued a public statement claiming that the matter was handled appropriately

and there were no personal conflicts,

despite both Pardoe and Weber’s connections to the Millionaires.

Eventually, the Lycoming County District Attorney referred the case to the Office of the Attorney General of Pennsylvania (“OAG”).”

Chief Judge Brann seemed perplexed by the decisions relating to criminal charges made by Office of the Attorney General of Pennsylvania (“OAG”) in his MEMORANDUM OPINION.

“OAG investigated the matter and executed search warrants

for Weber’s and Pardoe’s phones and emails,

but later closed the investigation without explanation.”

“The District Attorney explained that the investigation was closed because of its failure to properly supervise its detectives, a deficiency that it subsequently addressed by issuing new policies.”

The entire MEMORANDUM OPINION and ORDER are accessible by clicking the underlying links.

This is an exclusive and developing story on TalkWilliamsport.com.

PHOTOS: Tom Marino, Lycoming County District Attorney Candidate,

U.S. 112th Congress Photo (left),

Indian County Florida Logo (top right), Lycoming County Pennsylvania Logo (bottom right).

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

Former Pennsylvania Republican Attorney General candidate, Heather Heidelbaugh was reached for comment on the Marino voting matter.

When asked about the fact pattern of Tom Marino, Lycoming County District Attorney candidate stating he was a resident of Florida on his Florida Driver License application and subsequently registering to vote in Florida on November 7, 2022; she said, “if he (Marino) declared he was a Florida resident on November 7, 2022, he then cannot vote in Pennsylvania in any form (absentee, mail-in or in-person) on November 8, 2022.”

When asked why that is the case, Heidelbaugh added; “if you reside in Florida, you cannot vote in another state.”

Regarding the question of qualification to run for elected office in Pennsylvania; is it your understanding for a candidate to run for elective office in Pennsylvania the standard to follow is 16 P.S. § 1401 (a), including residency of one year in the county the candidate is seeking office in prior to an election?

“That is my understanding of the law.”

And based on your knowledge of the law, there is no “30-day residency prior to an election” provision or language in the law?

“That is my understanding of the law.”

 

On background, Heidelbaugh is a Partner in the law firm Leech Tishman Fuscaldo & Lampl LLC with offices in Pittsburgh, Pennsylvania as well as Sarasota, Florida and other cities across the country.

She represented the Republican State Committee of Pennsylvania in their voter fraud lawsuit against ACORN. In 2009, she testified before the United States House Committee on the Judiciary regarding her work on the ACORN lawsuit. She is a member of the executive board of the Republican National Lawyers Association.

Heather is a member of the Academy of Trial Lawyers and a Charter Senior Fellow with the Litigation Counsel of America, a national legal honorary society. Heather is a well-known public commentator on issues related to politics, law and elections. She appears frequently on local television and radio regarding public affairs in Pittsburgh and has been quoted by a number of national and local television shows and publications.

She received her B.A. in Economics and Political Science from the University of Missouri-Columbia and her J.D., from the University of Missouri-Columbia School of Law.

She is a member of the Allegheny County Bar Association (Past President, Young Lawyers Section; Past Chair, Civil Litigation Section; Past Editor, Civil Litigation Newsletter), Allegheny County Bar Foundation (Fellow), Academy of Trial Lawyers, Diversity Law Institute (Member, Board of Directors), Republican National Lawyers Association (Former Co-Chair) and Trial Law Institute.

Her professional accolades include:

Allegheny County Bar Association Pro Bono Award (First Recipient)

Allegheny Health Network Woman of Achievement (2015)

Republican National Lawyers Association Betty Murphy Award (2015)

University of Missouri School of Law, Notable Alumni

 

Litigation Counsel of America

Charter Senior Fellow

Barrister, Order of Veritas

Advocate, Order of Certus

Former Co-Chair, Board of Directors

 

Martindale-Hubbell

Martindale-Hubbell AV Preeminent Peer Review Rated Attorney

 

Best Lawyer

The Best Lawyers in America, Government Relations Practice (2020-2023)

Best Lawyers Pennsylvania, Government Relations Practice (2020-2022)

Best Lawyers Pittsburgh, Government Relations Practice (2020-2022)

 

Super Lawyers

Pennsylvania Super Lawyer, Pennsylvania Super Lawyers Magazine

(2004, 2005, 2007, 2008, 2010-2022)

Pennsylvania Super Lawyer, Business Litigation, Pennsylvania Super Lawyers Magazine Corporate Counsel Edition

(2008, 2010, 2014)

Top 50 Women Pennsylvania Super Lawyers, Pennsylvania Super Lawyers Magazine

(2015-2016)

Top 50 Pittsburgh Super Lawyers, Pennsylvania Super Lawyers Magazine

(2015-2016)

 

City and State PA

City and State PA, Law Power 100 (2022)

 

Publications

Heidelbaugh, Heather S. “Protecting the Integrity of the Polling Place: A Constitutional Defense of Poll Watcher Statutes,” Harvard Journal on Legislation, Logan S. Fisher & James D. Miller, Volume 46, Number 1, Winter 2009.

Author, “Product Liability for Off Label Use of Drugs or Medical Devices – Pennsylvania,” State by State Survey of the Law Regarding Potential Liability for off Label Use of Drugs or Medical Devices, ABA Section of Litigation, 1999.

 

PETITION TO SET ASIDE NOMINATION PETITIONS FILED

On Monday, March 6, 2023, a “PETITION TO SET ASIDE NOMINATION PETITIONS” of Thomas A. Marino, candidate for the office of District Attorney of Lycoming County, Pennsylvania was filed by OBJECTOR: TODD BARTLEY in the Court of Common Pleas of Lycoming County, Pennsylvania.

The filing in its entirety is provided below:

 

COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

IN RE: NOMINATION PETITION OF THOMAS A. MARINO AS CANDIDATE FOR THE OFFICE OF DISTRICT ATTORNEY OF LYCOMING COUNTY, PENNSYLVANIA

OBJECTOR: TODD BARTLEY

PETITION TO SET ASIDE NOMINATION PETITIONS

1. Thomas A. Marino has filed his candidacy affidavit to have his name appear on the official ballot for the office of District Attorney of Lycoming County, Pennsylvania on February 24, 2023, which was signed by Mr. Marino on February 14, 2023.
2. Todd Bartley is a citizen of Lycoming County and resides in Loyalsock Township, Lycoming County, Pennsylvania.
3. Pursuant to 16 P.S. § 1401 (a), to be a proper candidate for district attorney, the candidate must be at least twenty-five years of age, a citizen of the United States, shall have been admitted to the practice of law as an attorney before the Supreme Court of the Commonwealth of Pennsylvania for at least one year prior to taking the oath of office and shall continually hold an active law license during the period when the individual is in office and shall have resided in the county for which the district attorney is elected or appointed for one year next preceding the election or appointment.
4. On his candidacy affidavit, Mr. Marino attests his residency is 1825 Homewood Avenue, Williamsport, Lycoming County, Pennsylvania.
5. The objector, Todd Bartley, believes and so avers that Thomas A. Marino does not meet the requirements for district attorney as set forth in 16 P.S. § 1401 (a), specifically the county residency requirement of residing in Lycoming County one year prior to the election for district attorney.
6. Although Marino purchased a home in Lycoming County on July 20, 2022, he also purchased a home in Vero Beach, Florida on September 29, 2022.
7. On November 7, 2022, Marino applied for a Florida drivers’ license, listing his residence to be 870 Lake Orchid Circle, Apt. 204 Vero Beach, Florida, and he surrendered his Pennsylvania drivers’ license the same day.
8. On November 7, 2022, Marino also registered to vote in Indian River County, Florida and remained on the active voter roles until he resigned his voter registration on February 1, 2023 (processed February 3, 2023.

WHEREFORE, the objector, Todd Bartley, petitions this court to set aside Thomas A. Marino’s nomination petition to appear on the ballot for the office of District Attorney of Lycoming County, Pennsylvania because Marino does not meet the requirements to serve as District Attorney of Lycoming County, Pennsylvania.

Respectfully submitted,

(SIGNED)

Todd Bartley, pro se

 

A hearing on the matter has been set for Wednesday, March 15, 2023 in the Court of Common Pleas, Lycoming County, Pennsylvania before visiting Senior Judge Reibman.

Lycoming County President Judge Nancy Butts issued an Order yesterday recusing all of the Lycoming County judges from the case.

This is an exclusive and developing story on TalkWilliamsport.com.

PHOTOS: Tom Marino, Lycoming County District Attorney Candidate,

U.S. 112th Congress Photo (left),

PA State Representative Jamie Flick, Republican, 83rd Legislative District

Republican, serving Lycoming County (Part), Union County (Part) (middle left),

PA State Representative Joe Hamm, Republican, 84th Legislative District

serving parts , serving Lycoming County (Part), Sullivan County (middle right),

PA State Senator Gene Yaw, Republican, Senate District 23 (Term Expires: 2024)

serving Bradford, Lycoming, Sullivan, Tioga and Union Counties (far right).

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

As a follow-up to the bombshell report on the voting pattern of Tom Marino and his wife Edith as they reside in Vero Beach, Florida while casting absentee ballots in the 2022 election; TalkWilliamsport.com reached out to elected officials at the federal, state and local levels for comment.

Pennsylvania Senator Gene Yaw has yet to respond.

Kaitlin Morrison from the Office of PA State Representative Joe Hamm, Republican representing the 84th Legislative District provided the following this morning; “Rep. Hamm does not wish to provide a statement at this time, but thank you for reaching out.”

Tricia G. Lehman Supervisor, Republican Communications PA House of Representatives provided the following on behalf of PA State Representative Jamie Flick, Republican, serving the 83rd Legislative District in his first term; “Thank you for reaching out. The following is comment from Rep. Jamie Flick.”

Flick: “As the matter is now under review by the district attorney, I trust his office will make the appropriate determination.” 

 

Representative Hamm is quite familiar with ballots and election law related cases as he was a moving party in a Commonwealth Court case in 2020; as referenced herein.

From the Public Interest Law Center based in Philadelphia; “State representative candidate Joseph Hamm and U.S. Representative Mike Kelly, along with four voters, filed a lawsuit in Commonwealth Court on Election Day, claiming that county election officials who were following guidance from the PA Department of State had violated Pennsylvania election law by notifying voters that their mail-in ballots had been rejected. The petitioners asked the court to invalidate all provisional or replacement ballots cast by Pennsylvania voters whose mail-in ballots were canceled, and all mail-in ballot that were “cured” after voters were notified about a problem with their initial ballot.”

Hamm previously served as the Chairman of the Lycoming County Republican Party.

 

Will now State Representative Hamm become a moving party in Lycoming County Common Pleas Court challenging the Nomination Petitions of Tom Marino, candidate for Lycoming County District Attorney; based on his Florida residency to ensure the integrity of elections?

 

Regarding the Marino “issue” of obtaining a Florida Driver License on November 7, 2022 and simultaneously surrendering his Pennsylvania license; Marino then had the new Florida license expire on February 15, 2023.

According to the website safe2drive.com;

“New Pennsylvania Residents If you’ve moved to Pennsylvania from outside of the state and want to drive in Pennsylvania, you’ll need a PA driver’s license within 60 days of establishing residency in the state.

To apply for a PA license, you’ll need to go to a Driver License Center, surrender your out-of-state license, pass the vision test, and complete the driver’s license application. You’ll also need to present identification and residency documents.”

All of the steps listed above were completed by Tom Marino in Florida on November 7, 2022 to obtain a Florida Driver License. On the same day, Marino registered to vote in Indian Creek County Florida.

The 2022 Florida Statutes

(including 2022 Special Session A and 2023 Special Session B)

Title XXIII MOTOR VEHICLES

Chapter 322 DRIVER LICENSES

View Entire Chapter

Tom Marino and his wife Edith had absentee ballots counted in the 2022 election on Tuesday, November 8, 2022.

September 9, 2022 would be the weekend 60 days prior to November 7, 2022.

September 16, 2022, the Grove Isle at Vero Beach (Florida) Condominium Association voted to approve the application made by Thomas and Edith Marino to purchase the Condominium unit at 870 Lake Orchid Circle, Building C, Unit 204.

On October 3, 2022, subsequent to the Association approval, a Warranty Deed was filed listing a post office address (defined as: where you receive your mail or in legal terms “where you hang your hat”) as Thomas and Edith Marino husband and wife, 870 Lake Orchid Circle, Unit 204, Vero Beach, Florida 32962.

 

As of this writing, any number of people Marino contacted today from his Vero Beach, Florida have reached out to TalkWilliamsport.com and shared the concern Marino now has in being able to continue to run for Lycoming County District Attorney with the revelations in the “Bartley article.”

As of this writing, Don Peters, current Chairman of the Lycoming County Republican Party has yet to respond to a request for comment.

As of this writing, Tom Marino, former Lycoming County District Attorney who became a United States Attorney then a United States Congressman for nearly five terms before resigning to take a job in the private sector; remains a candidate for Lycoming County District Attorney.

As of this writing, most if not all of the Lycoming County Republican Party leadership remains silent.

Multiple Lycoming County Republican Party leaders have consistently used election integrity as a campaign plank and in the case of “one of their own”; they remain eerily quiet.

This is an exclusive and developing story on TalkWilliamsport.com.