From The Scranton Times/Tribune, April 19

Court won't block use of special prosecutor in leak case

By Michael McNarney STAFF WRITER

A special prosecutor will proceed with his investigation of an alleged leak of Lackawanna County grand jury information to Times-Tribune newspapers, the Pennsylvania Supreme Court has ruled.

Lackawanna County District Attorney Andy Jarbola had challenged the use of a special prosecutor, arguing that Judge Terrence R. Nealon overstepped his authority when he made the appointment and that the special prosecutor's probe could harm the prosecution of four prison guards accused of beating inmates.

But the state Supreme Court, in a one-page decision made public April 18, sided with Judge Nealon. The court did not explain its decision.

The special prosecutor -- someone appointed from outside to investigate possible government wrongdoing -- was appointed by Judge Nealon on Feb. 16 to decide whether someone in the county prosecutor's office wrongly disclosed information from an investigating grand jury to the newspapers.

What information may have been leaked has not been made public.

That grand jury eventually indicted the four guards, who have been suspended from their jobs. Their criminal cases are pending.

James Tolan of Dunmore, through his lawyer, has supported the special prosecutor appointment. The other three charged -- Robert Jones of Carbondale, Barry Craven of Olyphant and Lee Scarabotti of Jessup -- did not file briefs one way or the other on the appointment of a special prosecutor.

Mr. Tolan, Mr. Jones and Mr. Craven are charged with assault. Mr. Scarabotti is charged with obstruction of justice.

The district attorney's office has consistently argued that there was no leak and no cover-up. The DA has also sought a public hearing on the alleged leak, but Judge Nealon did not schedule one.

"Whatever that investigator is going to do, he's going to do," Mr. Jarbola said in an interview Monday. "We're not hiding anything. My office was not the leak."

Judge Nealon did not submit a brief to the Supreme Court, but did submit a sealed copy of an opinion containing results of his own investigation into the alleged leak.

Former federal prosecutor James J. West, now in private practice in Harrisburg, is the special prosecutor. He said Monday, April 18 he was honored to be chosen by Judge Nealon but declined further comment.

Mr. West's task is limited to determining if there was a leak in the county district attorney's office. He is the former U.S. attorney for the Middle District of Pennsylvania. Judge Nealon granted him the power to subpoena and impanel a grand jury.