Lackawanna County seeks to hold attorney in prison sex abuse case in contempt

March 24--The attorney representing two women suing Lackawanna County Prison for sexual abuse violated a court order when he made statements about the case to The Times-Tribune, attorneys representing the county and prison employees say in court papers.

Attorney Michael Donohue is among three defense attorneys who recently filed a motion seeking sanctions against Scranton attorney

Matthew Comerford, arguing he should be held in contempt of court for allegedly violating Senior U.S. District Judge A. Richard Caputo'sJan. 20 gag order.

In a reply filed this week, Comerford's attorney, Curt Parkins, argues the statements do not violate Caputo's order. He also questions the timing of the filing, alleging it is politically motivated.

At issue are two stories -- published Feb. 15, in which Comerford comments about the Feb. 14 arrests of seven former Lackawanna County Prison guards accused of sexually abusing inmates, and March 2, in which he comments on the county's motion to postpone the civil case until the criminal cases are resolved.

In the Feb. 15 story, Comerford said he is "concerned with the culture of silence" that allowed the abuse to continue and is quoted saying, "as you can see, it is not as simple as one bad apple." In the March 2 story, Comerford questioned why the defendants wanted to postpone the case and asked, "What are they hiding?"

Donohue, who represents Commissioner Patrick O'Malley in his official capacity, several former commissioners and the county, claims those comments violate Caputo's order, which forbids attorneys from "vouching for the favorable value of the evidence to their clients' case." He is joined in the motion by Kevin Hayes, who represents O'Malley personally, and Sean McDonough, who represents numerous prison employees. Commissioners Laureen Cummings and Jerry Notarianni are not named as defendants in the lawsuit.

Parkins argues Comerford's comments do not violate Caputo's order because neither of the statements vouch for the "favorable value of the evidence." Parkins said the "culture of silence" comment relates to what the evidence will show.

"It does not comment on the strength or value of the evidence," Parkins said.

Regarding the "what are they hiding" comment, he said it "cannot in any way (be) deemed to be an opinion on the favorable value of the evidence."

Parkins also questions why the defendants did not file the motion immediately after the stories published. He suggests they only filed it now at the urging of O'Malley, who is seeking "political revenge" because the county's defense of the lawsuit "is crumbling" now that criminal charges are filed, he said.

Parkins also faults the county for filing the motion given that various county officials publicly commented regarding the criminal case. Among those public statements are that the county "welcomes" the criminal probe and that officials are taking action to correct problems at the prison.

"The fact of the matter is the county continues to speak to the press on a regular basis regarding this case," Parkins said. "At the same time, they try to silence innocent victims of sexual assault."

The county's motion asks Caputo to schedule a hearing to determine if Comerford's comments violate the judge's order. The judge will review the legal filings and issue a ruling at a later date.

Contact the writer:

tbesecker@timessharmock.com;

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Charges against the seven former Lackawanna County Prison guards:

George R. Efthimiou, 50, 1121 Loomis Ave., Taylor, one count of institutional sexual assault. His preliminary hearing was rescheduled Monday to April 25, because prosecutors plan to file new charges against him.

Mark Johnson, 54, 2213 Golden Ave., Scranton, two counts each of involuntary deviate sexual intercourse and institutional sexual assault and one count each of indecent assault and harassment. His preliminary hearing is set for 11 a.m. Monday.

George T. McHale, 50, 513 Florin St., Scranton, one count of institutional sexual assault and two counts of indecent assault. His preliminary hearing is set for 11 a.m. Tuesday.

John Shnipes Jr., 42, 115 Simpson St., Archbald, a former Archbald councilman, will go to trial on six counts of involuntary deviate sexual intercourse, four counts of aggravated indecent assault, and two counts each of institutional sexual assault and harassment. His preliminary hearing was Wednesday.

Jeffrey T. Staff, 42, 459 Wyoming Ave. Apt. 4, Wyoming, will go to trial one count of institutional sexual assault after his preliminary hearing Tuesday.

Paul J. Voglino, 45, 4 Rear Orchard St., Carbondale, two counts of involuntary deviate sexual intercourse. His preliminary hearing is set for 11 a.m.April 25.

James J. Walsh, 51, 209 Mosswood Road, Roaring Brook Twp., will go to trial on four counts of involuntary deviate sexual intercourse. His preliminary hearing was Feb. 23.

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