Recent Blog Posts in July 2009

July 31, 2009
  DA John Peck Comes to Judge's Defense
Posted By L. Anthony Bompiani, Esquire
Here is an excerpt from an article published in the Tribune Review on July 30, 2009. The article was written by Rich Cholodofsky. Click here for the full text of the article.

District Attorney John Peck said Wednesday that Internet child predators won't run free in Westmoreland County in the wake of the attorney general's announcement that the state office will no longer prosecute those cases here.

"It's not going to affect us. We're going to look very closely at each and every case to file all possible cases if the attorney general's office is not going to prosecute those in Westmoreland County," Peck said.

Attorney General Tom Corbett's office announced on Tuesday that it has withdrawn its Internet child predator task force from a Westmoreland County office and will no longer bring cases before county judges. Instead, the task force will try to steer suspects to other counties to make arrests.

That decision was the fallout over a sentencing disagreement involving the case against Thomas Rose, a former sports editor at the Observer-Reporter in Washington.

Rose went before Judge Richard E. McCormick Jr. on Tuesday after Pennsylvania appeals court judges ordered McCormick to reinstate a felony conviction he had set aside following a three-day trial in October 2006.

McCormick, who in early 2007 imposed a four-year probation term on Rose, gave him no further sentence on the felony offense. Prosecutors with Corbett's office wanted Rose, 56, of Delmont, to spend at least two years in a state prison.

That prompted Corbett, through an office spokesman, to say that state agents would no longer bring child predator cases in Westmoreland County because McCormick's sentence was too lenient.

Peck did not comment on the Rose case yesterday but defended McCormick, saying his sentences typically are neither lenient nor excessive."

Judge McCormick's career on the bench has been characterized by his unlimited patience for litigants and his never-ending willingness to understand arguments. He has a very refined sense of individualism as a judge, and he's not a servant of the prosecution or defense attorneys.

"He's not deserving of personal criticisms because he made a decision a prosecutor doesn't agree with," Peck said.


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July 16, 2009
  Collaborative Law and Divorce
Posted By L. Anthony Bompiani, Esquire
Collaborative Law is the practice and art of settling cases with legal counsel, but without court intervention at any stage. All negotiations take place in four-way conferences between the parties and their attorneys. Each client has built-in legal advice and advocacy during negotiations and each attorney is committed to guiding the clients toward reasonable solutions.    

The attorneys cannot go to court or threaten to go to court. In fact, at the beginning of the proceed, all parties and attorneys sign a contract agreeing that if either party decides to take the case to court, then both parties must hire new attorneys. This puts the responsibility on the attorneys to keep the case under control, which is very important in divorce cases. In Collaborative Law, settlement is the only agenda and all involved rely upon an atmosphere of cooperation and professionalism.    

For more information regarding the Collaborative Law movement in Pennsylvania, contact L. Anthony Bompiani, Esquire at (724) 925-9600.
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July 08, 2009
  FACEBOOK and Divorce
Posted By L. Anthony Bompiani, Esquire
Here is an interesting article by Belinda Luscombe of Time Magazine:

Not long after Patrick told his wife Tammie he wanted a divorce, she posted an angry, hurt note on "the wall," or public-comments section, of his Facebook page. Embarrassed that his colleagues, clients, church friends and family could see evidence of his marital woes, he deleted it and blocked his wife from seeing his page. A couple of days later, the IT worker in Florida--who asked that his last name not be used in this story — found alarmed messages from two Facebook friends in his inbox. Tammie had used a mutual friend's account to view Patrick's wall and e-mailed several women he had had exchanges with. He says her e-mails were borderline defamatory. She says they merely noted that he was married with children, a fact he had left off his Facebook profile. Either way: Ouch.

Find the rest of the article here.
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