In re Placey

• Decision Date: 19 March 2021
• Docket Number: 2 JD 2020
• Parties: IN RE: Judge Thomas A. Placey Court of Common Pleas 9th Judicial District Cumberland County
• Court: Pennsylvania Court of Judicial Discipline

IN RE: Judge Thomas A. Placey Court of Common Pleas 9^th Judicial District Cumberland County

2 JD 2020

COMMONWEALTH OF PENNSYLVANIA COURT OF JUDICIAL DISCIPLINE

March 19, 2021

JUDICIAL CONDUCT BOARD PRE-TRIAL MEMORANDUM

AND NOW, this 19^th day of March, 2021, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (Board) by and through undersigned counsel, pursuant to this Court's January 6, 2021, Order and files this Pre-trial Memorandum:

A. TRIAL WITNESS LIST

The Board may call some or all of the following witnesses at trial:

1. Tony Samento

P.O. Box 383

Dillsburg, PA 17019

Samento may testify regarding paragraphs 4 to 21 of the Board Complaint.

2. Lisa Verdekal

1 Courthouse Square

Carlisle, PA 17013

Verdekal may testify regarding paragraphs 22 to 32 of the Board Complaint.

3. Michelle Sibert, Esquire

1 Courthouse Square

Carlisle, PA 17013

Sibert may testify regarding paragraphs 22 to 32 of the Board Complaint.

4. Brandon Shorter

2001 Red Bank Road

Dover, PA 17315

Shorter may testify regarding paragraphs 33 to 38 of the Board Complaint.

5. Michael Travis, Esquire

3904 Trindle Road

Camp Hill, PA 17011

Travis may testify regarding paragraphs 33 to 38 of the Board Complaint.

6. Leanne Miller, Esquire

135 North George Street

York, PA 17401

Miller may testify regarding paragraphs 39 to 43 of the Board Complaint.

7. Joanne Clough, Esquire

P.O. Box 77

Camp Hill, PA 17001

Clough may testify regarding paragraphs 39 to 43 of the Board Complaint.

8. Bryan Bartosik-Velez, Esquire

1 Courthouse Square

Carlisle, PA 17013

Barosik-Velez may testify regarding paragraphs 4 to 56 of the Board Complaint.

9. Corey Fahnestock, Esquire

3601 Vartan Way

Harrisburg, PA 17110

Fahnestock may testify regarding paragraphs 44 to 56 of the Board Complaint.

10. The Honorable Mark Martin

507 North York Street

Mechanicsburg, PA 17055

Judge Martin may testify regarding paragraphs 44 to 56 of the Board Complaint.

11. Dawn Lippert

507 North York Street

Mechanicsburg, PA 17055

Lippert may testify regarding paragraphs 44 to 56 of the Board Complaint.

12. Pam Martz

1 Courthouse Square

Carlisle, PA 17013

Martz may testify regarding paragraphs 44 to 56 of the Board Complaint.

13. Lawrence Rosen, Esquire

1101 North Front Street

Harrisburg, PA 17102

Rosen may testify regarding paragraphs 5 to 13 of the Board's Amended Complaint.

14. Thomas Kimmett

1286 Hunters Ridge Drive

Mechanicsburg, PA 17050

Kimmett may testify regarding paragraphs 5 to 13 of the Board's Amended Complaint.

B. BOARD EXHIBITS

The Board may introduce some or all of the following exhibits at trial:

1. Audio recording of the October 5, 2017, hearing in the matter of Samento v. Samento, filed to Cumberland County Docket No. 2009-08051.

2. Transcript of the October 5, 2017, hearing in the matter of Samento v. Samento, Cumberland County Docket No. 2009-08051.

3. Plaintiff's Motion to Recuse filed December 28, 2017, in the matter of Samento v. Samento, Cumberland County Docket No. 2009-08051.

4. Court Order dated March 7, 2018, denying Motion to Recuse in the matter of Samento v. Samento, Cumberland County Docket No. 2009-08051.

5. Superior Court Opinion dated January 16, 2019, in the matter of Samento v. Samento, filed to 1890 MDA 2017.6. Audio recording of the January 15, 2019, sentencing in the matter of Commonwealth v. D'Andre Moore, CP-21-CR-2521-2018.

7. Transcript of the January 15, 2019, sentencing in the matter of Commonwealth v. D'Andre Moore, CP-21-CR-2521-2018.

8. Audio recording of the August 8, 2018, proceeding in the matter of Gnazzo v. Gnazzo, Cumberland County Docket No. 2017-07655.

9. Transcript of the August 8, 2018, proceeding in the matter of Gnazzo v. Gnazzo, Cumberland County Docket No. 2017-07655.

10. Transcript of the October 3, 2018, proceeding in the matter of Wingard v. Wingard, Cumberland County Docket No. 2015-05774.

11. Audio recording of the June 6, 2019, hearing in the matter of Kimmett v. Kimmett, Cumberland County Docket No. 2019-04755.

12. Transcript of the June 6, 2019, hearing in the matter of Kimmett v. Kimmett, Cumberland County Docket No. 2019-04755.

C. STIPULATIONS

It can reasonably be expected that opposing counsel may agree to the following stipulations:

1. Article V, § 18 of the Constitution of the Commonwealth of Pennsylvania grants to the Board the authority to determine whether there is probable cause to file formal charges against a judicial officer in this Court, and thereafter, to prosecute the case in support of such charges in this Court.

2. From January 2, 2012, to the present, Respondent has served continuously as a Judge of the Court of Common Pleas of Cumberland County.

3. As a judicial officer, Respondent was subject to all the duties and responsibilities imposed on him by the Constitution of the Commonwealth of Pennsylvania and the Code of Judicial Conduct adopted by the Supreme Court of Pennsylvania.

Additionally, based on Respondent's Answer to Complaint filed on July 8, 2020, and information contained in exhibits which have been provided to Respondent pursuant to C.J.D.R.P. No. 401(D)(1) and (E), it can reasonably be expected that Respondent will agree to the following stipulations:

Samento v. Samento

:

4. On October 5, 2017, Respondent was presiding over a hearing in a civil action in the matter of Samento v. Samento, Cumberland County Docket No. 2009-08051.

5. After the moving party testified and presented a witness, the responding party took the witness stand to testify.

6. During the responding party's testimony, counsel for the moving party voiced a hearsay objection whereupon the following exchange took place:

Judge: Well, I don't know what he is saying so I don't know.

Attorney: He was indicating what he learned from the State Police.

Judge: And I don't -

Witness: I'm sure there's a record of this.

Judge: Sir.

Witness: I'm sorry.

Judge: Sit down now. Down. Out of that seat.

Witness: I'm sorry.

Judge: Move it like you have a purpose.

Witness: I'm sorry, Your Honor7. An audio recording of the proceeding established that at times during the exchange described above, the volume of Respondent's voice was excessively loud and his tone was angry.

8. At this point, Respondent stood and leaned over the witness stand where the responding party was seated causing him to abruptly slide his chair back, colliding with the wall behind him.

9. While standing and leaning over the witness stand, the following exchange took place:

Judge: I'll tell you when I'm coming back. It's not going to be today. You get your client under control or I am going to tear him up on the stand. Do you understand me?

Attorney: I'm not sure, Your Honor, but I'll try to.

Judge: He talks over me one more time, I am going to rule summarily against him. Do you understand?

Attorney: Yes, Your Honor.

10. An audio recording of the proceeding established that at times during the exchange described above, the volume of Respondent's voice was excessively loud and his tone was angry.

11. At the conclusion of the above exchange, Respondent left the courtroom and did not return to the bench that day relative to the Samento v. Samento matter.

12. The responding party was not afforded an opportunity to finish his testimony or to present further witnesses regarding the issue before Respondent on October 5, 2017.

13. By order dated November 6, 2017, Respondent found in favor of the moving party.

14. On December 5, 2017, the responding party filed an appeal in the Superior Court of Pennsylvania of Respondent's November 6, 2017, order.

15. On December 28, 2017, the responding party filed a motion requesting that Respondent recuse himself from the case, asserting that the Respondent had exhibited animosity and hostility toward him.

16. Respondent denied the motion to recuse by order dated March 7, 2018.

17. On January 16, 2019, the Superior Court vacated Respondent's November 6, 2017, decision and remanded the case "for a hearing before another trial judge."

18. In its January 16, 2019, opinion, the Superior Court called the transcript of the October 5, 2017, hearing "disconcerting."

19. In its January 16, 2019, opinion, the Superior Court stated that the audio recording confirmed the "hostility" of the trial court toward the responding party.

20. In its January 16, 2019, opinion, the Superior Court found that Respondent had denied the responding party's due process rights by abruptly terminating the hearing.

21. In its opinion, the Superior Court found that Respondent had abused his discretion when he denied the responding party's motion for recusal.

Commonwealth v. D'Andre Moore

:

22. On January 15, 2019, Respondent was presiding over sentencing in the matter of Commonwealth v. D'Andre Moore, CP-21-CR-2521-2018.

23. At the time of the sentencing proceeding referenced above, the courtroom was open to the public.

24. At the time of the sentencing proceeding referenced above, members of the public as well as the alleged victim and a victim advocate were present in the courtroom.

25. The Assistant District Attorney (ADA) representing the Commonwealth called the case and noted on the record that Respondent had just been provided a written restitution request.

26. Respondent indicated that the request was "different from the one that was in the file."

27. Thereafter, the transcript of the proceeding indicates that the following exchange took place:

ADA: I don't think there was anything in the file.

Judge: Oh, there was. I read the file. See, I come in on the weekends and read these files.

ADA: Right. There was no restitution in the file. That's not restitution. It is saying there's no restitution.

Judge: Yes.

ADA: At the time of the plea I informed - -

Judge: Yes. I'm saying it is different than what is in the file I read over - -

ADA: I informed the Court - -

Judge: Why do you talk over me? Step out of here. Get out. Take him back down to the cell. I will deal with him when I am ready. You, out.

ADA: Your Honor - -

Judge: Out. Now. Do you not listen? What is the problem with your hearing today? You, out. Out. Hand that file to somebody else.

28. An audio recording of the proceeding

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