Thursday, March 3, 2011

Orie Mistrial

Allegheny County Judge Jeffrey Manning has declared a mistrial in the public corruption case against State Senator Jane Orie of Pittsburgh's North Hills. Judge Manning took the action after he agreed with prosecutors who argued documents entered into evidence by the defense were doctored. Shortly after noon, the judge ordered the jury to halt deliberations after the prosecution raised questions about the validity of key defense documents. Manning then held a hearing at which a prosecution witness testified that documents bearing the signature of a key prosecution witness, Orie's former chief of staff, Jamie Pavlot, had been fabricated.

Manning declared that a fraud had been perpetrated on the court and a mistrial was necessary. He then brought the jury into the courtroom to explain to them why they
were being dismissed.

Orie and her sister Janine Orie are charged with using the senator's staff to
perform allegedly illegal campaign and fundraising work while on state time.

PA Auditor: Stop Raiding Tobacco Funds

A Special report out of the Pennsylvania Auditor General’s office today outlines how state lawmakers have diverted $1.3 billion in Tobacco Settlement funds in recent years without asking for any public input. In 2001 the General Assembly mandated that annual tobacco settlement payments be divided by set percentages among several accounts. Eight percent was to be deposited to an endowment account for the future, 30 percent for adultBasic and Medicaid for workers with disabilities, 18 percent for health research, 13 percent for home and community-based services for the elderly, 12 percent for tobacco prevention and cessation programs, 10 percent to reimburse hospitals for uncompensated care, eight percent to expand the PACENET prescription drug program, and one percent for cancer research. Wagner says in recent years those ratios have been ignored.

Wagner says the legislature has diverted funds to pay for Medicaid and to prop up the general fund. He says the endowment that was to provide for health needs in the future will be completely drained later this year.

Since 1998 the state has received $4.4 Billion in tobacco settlement funds. Payments to the state over the next seven years are expected to average $370 million. Between 2019 and 2025 they are expected to average $355 million a year.

Wagner is calling on the state legislature and the governor to immediately use all incoming funds to reopen the low income health insurance program adultBasic and then hold a series of public hearings on the allocation of future funds. “Things may have changed over time and maybe more funds should be directed to one program or the other,” says Wagner “but those decisions should be made in a public process, with public input. Something that has not happened since the inception of tobacco settlement funds.”

Wagner says, “It’s about time there is a little bit of sunshine into this process.” He says it is not too late to rebuild the endowment fund and it is not too late to save adultBasic for the more than 40,000 individuals who lost coverage this week.

Prosecution Alleges Doctored Defense Document

Allegheny County Common Pleas Judge Jeffrey Manning ordered a halt to jury deliberations in the corruption trial of State Senator Jane Orie of suburban Pittsburgh. Manning stopped the deliberations after agreeing with prosecutors that two key defense exhibits used to undermine the credibility of the prosecution's key witness, former Orie chief of staff Jamie Pavlot, may have been "doctored." The prosecution contends that Pavlot's signature was cut from another document and pasted on the defense exhibit. Orie's attorney William Costopoulos angrily responded to the accusation, but when Manning was shown the documents on an overhead projector he said it was obvious they had been manipulated. The judge wants prosecutors to get a document expert to testify at a hearing this afternoon. The judge says he wants to try to remedy the situation before the deliberations continue, otherwise, he might declare a mistrial.

Johnstown Flood Museum Potential Makeover

The Johnstown Flood Museum is up for a renovation, but first administrators are looking for help from the local community and tourists. A public meeting is scheduled for March 4th at the museum, on Washington and Walnut Streets to discuss changes. The museum was originally built as a library after the 1889 flood with funding from Andrew Carnegie, but became the Flood Museum in 1973.

Richard Burkert, President of the Johnstown Area Heritage Association, says that there is so much that can be done to update the museum. "There's a lot of things that we couldn't do back twenty years ago that we might want to consider this time around, one of which is 3-D."

Burkert says that renovations are not only aimed at exhibits but also the museum's structure. He says the building system need to be replaced and there is discussion over whether the museum should be eco-friendly.

The museum has had more then 750,000 visitors since opening its doors. Anyone interested in attending the meeting is urged, but not obligated, to contact Gwen Hartnett by phone at 814-539-1889 ext. 301 or email at ghartnett@jaha.org.

PGH Historic Review Commission says ‘No’ on Arena

After hours of testimony and months of debate the Pittsburgh Historic Review Commission has rejected a request to designate the Civic Arena as a historic structure. The 6-0 vote came yesterday afternoon.

Almost a decade ago, the panel gave a similar petition a preliminary approval but rejected it on a final vote. The 49-year-old Civic Arena closed last year when the Consol Energy Center opened across the street. The Penguins and the Sports and Exhibition Authority have plans to build a residential, office and commercial development on the 28-acre site.

Activists group Reuse the Igloo founder Rob Pfaffmann says he is disappointed but will keep trying to save the structure. The city's planning commission and council still must take up the nomination. A supermajority of the Pittsburgh City Council would be needed to override the negative recommendation.

Developers say they need to have the arena razed if they are to be able to successfully redevelop the land. Supporters of the designation say there is no need to rush into demolition. They say the developers could start building on the parking lots first.

Protests By Small Church at Funerals Upheld

The U.S. Supreme Court has ruled against a York County man who sued a Kansas-based fundamentalist church for carrying out anti-gay protests at his Marine son's funeral.
By an 8-1 margin, the nation's highest court sided with the Westboro Baptist Church -- saying the First Amendment protects the protests. That church group sees the deaths of U.S. soldiers as punishment for the acceptance of homosexuality.
Albert Snyder had filed suit against the church after members picketed his son Matthew's funeral in 2006.
The Supreme Court took up the case after an appeals court tossed out a five-million dollar judgment to the Spring Garden Township man.
One of Snyder's lawyer, Craig Trebilcock says the justices have expanded the definition of First Amendment protection...

"One significant thing in this case today is, based on the court's opinion under the First Amendment, even if you inflict physical harm on another person, it may be First Amendment protected as a defense. And that is significant declaration by this court.

Trebilcock says Snyder's experienced clinical depression as a result of the church's continued harassment by the church online. Trebilcock says his client is now concerned about future protests...

"He recognizes we're still at war, we're still sending our sons and daughters to Iraq and Afghanistan, and some of 'em don't come home. And that now the Westboro Baptist Church is just completely unrestrained from a campaign of abusing the families of these heroes when they fall and that's his focus today."

New PA Dept. Could Make Treatment More Accessible

A new cabinet-level state department opens its doors July 1. A law passed last year separates the Bureau of Drug and Alcohol Programs from the Pennsylvania Department of Health, creating a new entity.

Republican Representative Gene DiGirolamo of Bucks County authored the 2010 law and says the new department will make substance abuse programs more accessible.

"I believe it's also a question about efficiency - government efficiency, fiscal efficiency. I think it's a big question of public safety. I think it's going to go a long way towards reducing crime in this state."

DiGirolamo says the new agency won't cost extra tax dollars.

"It's about saving money, it's about public safety. But I think it's about saving lives. And it happens every day in every one of our communities across this great state."

DiGirolamo says the department will save lives by making treatment programs more accessible. The department's initial staff will only have around ten positions. This will be the first new state department formed since 1995.

Legislation to Ban the "R" Word

Two state lawmakers this week introduced identical bills in the House and Senate that would remove the term "mentally retarded" from Pennsylvania laws. Legislation authored by Representative Jake Wheatley of Pittsburgh and Senator Andy Dinniman of Chester County would redefine the term "mental retardation as "intellectual disability" in state laws.

"The point is this: words do matter," said Dinniman. "They carry weight and they carry power. It's time that we abandon the use of this archaic and derisive terminology in favor of language that is inclusive and accepted by the physical, intellectual and developmental disabilities community."

Allegheny County changed the name of its Office of Mental Retardation last July to the Office of Intellectual Disability. Don Clark is the deputy director of that office and says nationally the terminology began to change in 2007. Clark says it's more than a matter of perception..."But also describing better that these are people with strengths and can contribute to their community. Many are out holding down jobs, living independently in the community. Some need additional support but many are contributing to their society."

Clark said they support this legislation because language is very powerful..."The words mentally retarded and retarded have some very negative connotations." He says by changing the terminology "it's hoped that this language will allow people to look at people individually and view them through their strengths."

Wheatley's bill has been sent to the House Judiciary Committee and Dinniman's to the Senate Public Health and Welfare Committee.

Pgh Ranks High for High School Diplomas, Low for Degrees

Lower unemployment than most, poorer roads than most: those are a couple of the findings of a new benchmark study comparing a 22 county Pittsburgh region with 14 other cities. The report was compiled by the Regional Indicators at Pittsburgh today dot org.
In the 2nd part of our look at this study, DUQ’s Kevin Gavin talks with the director of the Regional Indicators, Doug Heuck about some of the 10 categories including economy, arts, health, education and demographics.

Listen to the interview

Listen to Part 1

Wednesday, March 2, 2011

City Council Reacts to Possible Drinking Water Contamination From Marcellus Shale Drilling

A recent news report in the New York Times identified western Pennsylvania as the "epicenter of contamination" from radiation in hydraulic fracturing wastewater, which is often sent to treatment plants incapable of removing it before releasing it into waterways.

City Council today unanimously approved a resolution calling for drinking water suppliers (the Pittsburgh Water and Sewer Authority on the Allegheny River and Penn American Water on the Monongahela) to begin testing immediately and to continue the tests regularly.

Councilman Doug Shields says drilling companies are putting lives at risk for their own profit, and Councilman Bill Peduto says it will be an economic catastrophe as well if our air and water are not clean because no one will want to live here or do business here.

Senator Bob Casey and Congressman Edward Markey have also asked for testing and disclosure.