Regarding Tom Marino issues in Michaels case; “PDAA does not have any information on that matter”

Photos: Current Lycoming County District Attorney Thomas A. Marino (left) and

Kelly Callihan, PDAA Executive Director and former Cambria County District Attorney (top right)

Pennsylvania District Attorneys Association (PDAA) logo (middle right)

Pennsylvania Attorney General Michelle Henry (bottom right)

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

From a recent PennLive.com article, “The Lycoming County district attorney’s office has rejected the call that it be recused from prosecuting the CEO of a Lycoming County firm accused of fatally shooting his brother-in-law inside the business.”

In a recent court filing by Lycoming County First Assistant District Attorney Martin Wade; he stated in part in response to Marino sitting at the prosecution table “Although Marino sat at counsel table for Michaels’ preliminary hearing and one in November on bail, he was only a spectator.”

Tom Marino as an unelected District Attorney and an attorney that publicly stated he left local law firm Lepley, Engelman, Yaw & Wilk “as to avoid any conflicts” served as a “spectator” with a seat at the prosecution table.

Prior to the filing by Tom Marino enabler Martin Wade, TalkWilliamsport.com reached out for comment from the Pennsylvania District Attorneys Association.

The PDAA was founded in 1912, one hundred twelve years ago.

Sean Connolly PDAA Spokesperson, who manages communications for the Pennsylvania District Attorney Association (PDAA) offered the following, “Thanks for reaching out on Friday. This matter is currently in litigation, and PDAA will not be commenting on the case. Thanks.”

As a follow-up, “Sean, Can PDAA cite any legal precedent that allows any person other than a paid representative of a District Attorney’s Office or state law enforcement entity to be able to sit at a counsel table in a hearing?

Same question on background for conducting interviews in any case?”

Connolly replied, “Hi Todd: PDAA does not have any information on that matter.”

Is it fair to say in the 112-year history of the PDAA; no other unelected District Attorney has engaged in either behavior?

From the Wade response; “He (Marino) was not acquainted with the Roskowski family before the start of the prosecution so there is no apparent or actual conflict that would prevent him from performing his duties as a prosecutor.”

But what about that one-time Tom Marino as a candidate for Lycoming County District Attorney called the decedent asking for a political donation to his campaign which is alleged in the Defense Cousel motion to recuse?

On background, Tom Marino ran unopposed for Lycoming County District Attorney.

From the Wade response; “Wade disputes that possibility pointing out a law enforcement officer was present for the entire interaction so it would not be necessary to call Marino.”

From the talkwilliasmport.com article: “This is just between us. It doesn’t leave the room. We were never here.”

Attached to the Omnibus Motion is a document titled: “Turner Declaration”:

I, Erin Turner, state as follows:

I have been employed at Cable Services Company, Inc. since June 12, 2023.
I was at work on August 17, 2023, but did not hear or see anything connected to the shooting that took place at the Company office that day.
On or about September 8, 2023, I was asked by my father-in-law, former Lycoming County Detective Donald Turner, if I would talk to Tom Marino. I was told Mr. Marino was “talking to people” about the investigation into the shooting that resulted in the death of John Roskowski by Kenneth Michaels, CEO of Cable Services, and that Mr. Marino was looking for information “to help Ken.” I agreed.
On September 8, 2023, Mr. Marino came to my home. He was accompanied by Lycoming County Detective Steven Sorage. Detective Sorage interviewed me and recorded the interview.
From Detective Sorage’s questions, it did not seem that he was looking for information “to help Ken.” Instead, he was asking questions that seemed to favor John Roskowski. He also, asked questions about where Jeremy Michaels, President of Cable Services, and son of Ken Michaels, was during the shooting. He also asked whether Ken Michaels carried a firearm at the office. With each of my answers, Detective Sorage made facial expressions that he did not agree with my answers.
After about 15 minutes, Detective Sorage turned the recorder off. Mr. Marino then asked if the employees at the Company like both John and Ken.
I asked if the recorder should be on for those questions. Detective Sorage asked Mr. Marino if the recorder should be on. Mr. Marino answered, “No.” Detective Sorage said if there were more questions he wanted recorded he would turn the recorder on or jot down notes.
The interview ended with Mr. Marino saying, “This is just between us. It doesn’t leave the room. We were never here.”
The facts set forth above are true and correct to the best of my personal knowledge, information, and belief, subject to 19 Pa. CSA 4904.
I have made the foregoing statements freely, voluntarily, and intelligently.

Signed Erin Turner, March 28, 2024.

According to the Wade response, Defense Counsel has no ability to call witnesses they choose to call at a hearing on the recusal motion or at trial in the homicide case – because he says so?

On background, the Lycoming County Commissioners (Metzger, Mirabito and Mussare) had full knowledge of candidate Tom Marino being provided a desk and computer prior to his election as District Attorney.

Was Marino serving as a “spectator” when the county detective asked him to keep the recorder on during the interview?

Does this not implicitly indicate that Marino was running the interview he allegedly put together in the first place with a family member of one of his former detectives under false pretenses according to the Turner Declaration?

From the talkwilliasmport.com article: “Systemic failure of Lycoming County DA’s Office to govern conduct of county detectives taints OAG investigation.”

What rules, regulations or procedures did the Lycoming County Office of District Attorney have in place for “spectators” being seated with office staff during homicide case hearings?

The OAG previously claimed in a letter to former DA Ryan Gardner; “The OAG was unable to determine whether any attempt to ‘cover-up’ the conduct occurred in Pennsylvania due to the failure of the District Attorney’s Office to create, implement, and enforce any policies governing the conduct of county detectives.”

Gardner currently serves as Judge in the Lycoming County Court of Common Pleas.

What is worse; that Tom Marino sat as a “spectator” in a homicide case hearing or the fact a local Judge allowed it to happen in the first place?

When will that Judge be stepping down from the bench, then surrendering their law license and finding a new line of work?

Apparently, in the Lycoming County Court system “spectators” and actual members of the Office of Lycoming County District Attorney are indistinguishable to those on the bench.

The last time a “systemic failure” was identified; Ryan Gardner fired, correction allowed then Lycoming County Chief Detective Willie Weber to retire.

From the talkwilliasmport.com article: “BREAKING NEWS: Detective Weber retires on 40th anniversary in law enforcement.”

“Upon arrival to the office Tuesday, September 28,

I was provided with a copy of the Attorney General’s

previously sealed search warrants

in the Myrtle Beach/Williamsport baseball matter.

I immediately requested a meeting

with (Lycoming County) Detective (William) Weber.

During this meeting Detective Weber informed me that he was retiring,

effective immediately.

Today is Detective Weber’s 40th anniversary as a law enforcement officer.”

Ryan Gardner, District Attorney Lycoming County

From the Wade response; “If the court following a scheduled May 28 hearing decides Marino should not participate in the prosecution, it should state that in an order to eliminate the appearance of a conflict.”

Why is Marino waiting to recuse himself and his office from this case?

Why is Martin Wade unable to tell Tom Marino no?

Wade was beginning his campaign for District Attorney when his old boss Ryan Garnder who was subsequently elected Judge in the Lycoming County Court of Common Pleas received a call from Florida resident Tom Marino about his intention to run for D.A.

Gardner solely focused on becoming a Judge; failed to tell Marino no – too.

On background, PDAA Appoints Kelly Callihan, a Former District Attorney, as Executive Director

October 2, 2023

HARRISBURG – The Executive Committee of the Pennsylvania District Attorneys Association (PDAA) today announced that Kelly Callihan, the former District Attorney of Cambria County, has been named Executive Director of the association.

A career prosecutor, Kelly currently serves as PDAA’s Counsel for Policy and External Relations.

“Kelly Callihan is uniquely qualified to serve as the Executive Director of the Pennsylvania District Attorneys Association,” said PDAA President Brian Sinnett, District Attorney of Adams County. “She has spent her career in a variety of prosecutorial roles, always fighting for the victims of crime and seeking justice for them.”

Callihan served 10 years as the District Attorney of Cambria County. Before that, she served 14 years as an Assistant District Attorney in the office. In 2020, Callihan joined the Dauphin County District Attorney’s Office as a Deputy District Attorney.

During her career, Callihan sought justice for victims of child abuse, sexual assault, and violent crimes. She prosecuted cases in both the adult and juvenile courts. She helped create programs to enhance victim services and establish treatment courts to improve public safety.

“I am honored to be named Executive Director of PDAA,” Callihan said. “As a prosecutor, I realized the value the association offers prosecutors and law enforcement with training, advocacy, and support. Now, I look forward to working with the district attorneys across Pennsylvania to build upon our success and make PDAA even more valuable to our members.”

During her time as District Attorney, Callihan served on the Executive Committee of the Board of Directors of PDAA and its training arm, the Pennsylvania District Attorneys Institute (PDAI). In her current role as Counsel for Policy and External Relations, Callihan researches policy initiatives, tracks legislation affecting criminal justice, testifies during public forums, and works with victims groups and law enforcement organizations. She also is a presenter at PDAA and PDAI training events.

“With all of her experience, Kelly Callihan was the ideal candidate to take this leadership role at PDAA,” Sinnett said.

Callihan is a 1993 graduate of Dickinson Law School and a 1990 graduate of Penn State University, where she earned a bachelor’s degree in health policy and administration.

On background, from Wikipedia: “At age 30, Marino enrolled in the former Williamsport Area Community College (now Pennsylvania College of Technology). Marino would then transfer to Lycoming College, where he graduated magna cum laude, before completing his J.D. degree at Dickinson School of Law.^[6]”

Is it fair to say, that based on the Turner Declaration and the scolding letter from then Assistant Attorney General Dan Dye working for then Attorney General (now Governor) Josh Shapiro stating; “The OAG was unable to determine whether any attempt to ‘cover-up’ the conduct occurred in Pennsylvania due to the failure of the District Attorney’s Office to create, implement, and enforce any policies governing the conduct of county detectives”; at this writing are there still no policies governing the conduct of county detectives?

The hearing to recuse is set for 2:30 p.m. today before Lycoming County Common Pleas Court Judge Ryan Tira.

This author will not be attending the hearing as a self-imposed sequester is in place in order to preserve any rebuttal testimony for an appeal hearing if Tom Marino commits perjury on the stand.

Marino committed perjury in the previous hearing to removes him from the primary ballot last year based on his Florida residency.

At this writing Tom Marino remains under investigation by the Pennsylvania Office of Attorney General Michelle Henry regarding his Florida residency while running for elected office in Pennsylvania.

This is a developing story on TalkWilliamsport.com.