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.
