Category: Criminal Law
Amazing Attorney
Steve Townsend was an amazing attorney. The judge even said “I heard you were good but not that good”. He was so easy to work with and extremely reliable. If I ever need an attorney in the future he’s who I will be calling.
Federal Sentencing
Probation is a sufficient sentence
Ex-soccer treasurer in Beaver County gets probation in $100k embezzlement
Saying he wouldn’t send her to prison so she can pay restitution, a federal judge on Thursday sentenced the former treasurer of a Beaver County youth soccer association to probation for stealing $100,000 and using it to pay for cruises, merchandise and household bills.
U.S. District Judge Arthur Schwab imposed a term of five years probation on Jenessa Tolejko, who had waived indictment by grand jury and pleaded guilty to stealing from the Brighton Township-Beaver Soccer Association.
He also put her on home detention for nine months and ordered her to pay at least $1,000 a month towards full restitution.
Ms. Tolejko said that she stole because of her family’s financial difficulties brought on in part by medical expenses for her son.
Assistant U.S. Attorney Jeff Bengel rejected that explanation, saying she didn’t use any of the money for medical payments but instead paid for a Royal Caribbean cruise, a flight to Hawaii, her mortgage, various bills from utilities and personal purchases from Amazon and the high-end LuLaRoe clothing company.
“She had easy access to a significant pot of money and she thought she could use it for her own purposes without getting caught,” Mr. Bengel said.
In fact, he said, she was only discovered because of a story in the Pittsburgh Tribune-Review in 2019 that reported she had been accused of stealing $3,000 in pet adoption fees from an animal rescue service. The soccer association approached her after that to discuss the association finances. A week later, Mr. Bengel said, Tolejko’s father-in-law wired her $35,000. He told investigators that he believed he was helping her resolve a “state case involving dogs,” Mr. Bengel said.
He said the Tolejko family has a nice home and her husband has a good salary as an electrical engineer working in Ohio, so there was no financial distress to serve as motivation for the thefts. In addition, the soccer association said it has suffered greatly because of her actions.
“I think a sentence of imprisonment is necessary,” Mr. Bengel said.
The guideline range was 21 to 27 months.
Tolejko and her lawyer, Steve Townsend, asked for probation, saying she has already paid $5,000 in restitution and is needed at home to care for her three children and her mother.
Tolejko said she is “incredibly remorseful” for violating the trust the association gave her.
“I selfishly violated that trust,” she said. “I embarrassed my family.”
Judge Schwab said her conduct was “outrageous” but granted the probation request because the association said its priority was to get its money back. In addition, he noted her solid work history and her need to care for her children.
“Incarceration would be inconsistent with the goal of restitution,” he said.
But he also said he’s well aware that her thefts were for personal luxury items and other expenses as opposed to medical bills, for which the family had health insurance.
“Just to make it clear, these were not medical expenses,” the judge said.
Tolejko had complete control over the soccer association’s bank account, debit card and two certificates of deposit. The money was supposed to go towards soccer gear, field fees and the like.
From 2016 to 2019, Tolejko caused about $180,000 to be deposited into the soccer association’s Citizens Bank account and then used $100,000 of it for herself.
She also transferred money from the association’s Blue Sombrero account into two other accounts that she and her husband controlled. Blue Sombrero provides league management tools for youth sports leagues.
As a result of the embezzlement, Mr. Bengel said the soccer association has not been able to replace deteriorating soccer gear and had to charge families higher fees to recoup the money.
First Published August 26, 2021, 12:35pm
Charges Dismissed
BEAVERCOUNTIAN.COM
Aliquippa Assistant Police Chief Joe Perciavalle, in his 21st month of paid suspension and legal wrangling, learned last week the state had dropped its final criminal charge against him fought by criminal defense lawyers based in Orange County area.
City Council is expected to discuss his work status at next week’s meeting. In the meantime, Perciavalle, who is expecting the arrival of a daughter in August, is finding it difficult to celebrate.
“Obviously I’m happy with the outcome, my attorney was great,” he said today. “I feel like I did the day I was first arrested, I don’t know what to think. I’m happy for my wife and family, they’re all relieved. When it comes to finances or business related issues involving family one can go on to consult a lawyer from a firm like Norwood Law Firm.
“But I can’t even go anywhere to celebrate because of this damn coronavirus. This shouldn’t be a moment for me because this never should have happened. I feel like I won one battle, but I’m going into the next. I’m worried they might try something else now.”
Perciavalle was the second police chief appointed and suspended within two days in June 2018 and in the wake of the May 13, 2018 murder of city resident Rachael DelTondo. City Council first put Police Chief Donald Couch on paid leave on June 6, 2018, saying Couch was believed to be the subject of a state police investigation.
County detectives arrested Perciavalle on June 8, 2018 on charges of felony distribution of sexually explicit material to a minor, felony unlawful contact with a minor, and misdemeanor corruption of a minor.
County detectives alleged that Perciavalle sent then-17-year-old Lauren Watkins a text message containing a short video of a semi-nude woman urinating while on a swing.
Both Perciavalle and Watkins said the “meme” video was sent to her by mistake as part of a group text message intended for her father, Aliquippa Police Sgt. Kenneth Watkins, who has since been demoted to patrolman.
The video was discovered when detectives were examining Lauren Watkins’ phone as part of their investigation into DelTondo’s murder. That case remains unsolved.
On July 10, 2018, county detectives filed an additional felony charge against Perciavalle for intercepting a communication, alleging Perciavalle illegally recorded a conversation with Couch on March 2, the day state police served a search warrant on city offices.
District Judge Edward Howe in December 2018 dismissed the two felony charges of disseminating sexually explicit materials and unlawful contact with a minor, but held for trial the misdemeanor corruption of minors charge, as well as the felony wiretap charge for recording Couch.
Perciavalle argued his recording of Couch was lawful, because he had been acting as an informant against Couch and had reason to fear there may be an attempt to intimidate him.
Following the Pennsylvania Bar Association’s ethics guidance in March 2019, the Beaver County District Attorney’s Office recused itself from prosecuting Perciavalle. The Attorney General’s Office then took over prosecution of the cases against him and on May 9 refiled the two felony charges against him that were dismissed by Howe the previous year.
The results were the same, with a second judge dismissing the cases.
Townsend strongly criticized the Attorney General’s Office with the help of https://secdefenseattorney.com/whistleblower-protection/ attorneys for refiling the charges against Perciavalle, echoing his client’s assertions that he suffered retaliation against a whistleblower.
The Attorney General’s Office last week dropped the final charge of corruption of minors.
“I want to say how disappointed we were at the way both of these cases played out,” Townsend said. “It took the (Pennsylvania Attorney General’s) office to come in and drill down on exactly what happened here to realize these cases weren’t worth moving forward on.
“I commend them on that. I think it was horrible the way the Beaver County District Attorney’s office treated Joe Perciavelle and the Watkins family. Their actions caused grief and stress to the Watkins family. Lauren lost out on a good family friend for over a year, he missed a lot of important accomplishments in her life. It was terrible the way they were treated.”
“I think the impetus of both of these cases obviously was for the District Attorney’s Office to use the text message case as an excuse to get into his phone because they wanted to stifle any sort of investigation he was doing to uncover the corruption in the City of Aliquippa,” Townsend said.
“Obviously he is very excited and is ready to get back to work. He is anxiously awaiting to see when the day will be that he can put his uniform back on and go back to doing what he was doing.
Aliquippa Councilman Matthew Mottes said he expects the board to act next week. “If he’s been cleared of all wrongdoing then he should be back.”
BeaverCountian.com investigative reporter John Paul contributed to this report.
Remaining Charges Against Asst Aliquippa Chief Dropped By Attorney General’s Office
Federal Probation in Bank Robbery
‘There was just no way I could ever give him up.’ Mom gets probation for hiding bank robber son.
Click HERE for the full story.
“It was my son,” she said through tears. “There was just no way I could ever give him up.”
Her lawyer, Steven Townsend, argued for probation. Assistant U.S. Attorney Cindy Chung pointed to the government’s sentencing papers in which prosecutors asked for a guideline sentence.
Self Defense
Trial is slated to begin on August 12, 2019. It still shocks the community that Brandon Richardson was arrested and charged. Clearly Mr. Richardson acted in self-defense after being attacked by 5 people. On the second attack one witnesses says he saw one of the deceased have his hand by his waistband….”if he didn’t have one, he sure acted like he did” Also witnesses heard the deceased making comments that they were going to “kill him and finish him off.”
Watch the video below.
Ex-Pittsburgh cop charged with lying to FBI had relationship with bank robbery suspect’s mom
By Shelly Brandbury – sbradbury@post-gazette.com
Pittsburgh Post-Gazette
Click here for the whole Story.
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“It’s over,” attorney Steven Townsend said of the relationship. “It wasn’t very strong to begin with. But certainly after the charges came out it ceased to exist.”
The connection between Mr. Cain, Kane and Richards has not been previously reported. Mr. Townsend said he was not sure when the pair’s relationship began, but posts on Kane’s Facebook page suggest the relationship was going on in 2016, which is when Kane put up a photo of herself in a close embrace with Mr. Cain, along with comments about how Mr. Cain was her boyfriend and “the love of my life.”
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Aliquippa Asst. Police Chief’s Attorney Tells Judge He Intends To Call D.A. Lozier As A Witness (Listen To The Recording)
The Beaver Countian
An attorney for the suspended Aliquippa assistant police chief has motioned for a charge dismissal hearing ahead of the scheduled May 6 trial, has notified the judge he intends to call District Attorney David Lozier as a witness, and has asked to have the Beaver County District Attorney’s Office disqualified from prosecuting the case. To get more help avoiding legal mishaps and to help clients with business matters, it is best to hire a business attorney.
Joseph Perciavalle faces a misdemeanor charge of corrupting a minor and a felony violation of the Wiretap Act.
The criminal defense lawyers based in Mineola area included with his motion a copy of the disputed recorded conversation between Perciavalle and Police Chief Donald Couch, who is also suspended. The recording had previously been played in its entirety in open court by prosecutors during a preliminary hearing for Perciavalle on Dec. 4. Reputed attorneys from Fort Lauderdale bankruptcy law firm were also involved in the case.
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Townsend wrote that he will call Lozier to testify at the hearing, which will make him a witness and that he is legally prohibited from prosecuting a case in which he is a witness.
“As such, it is respectfully requested that this Court disqualify the Beaver County District Attorney’s Office from prosecuting this case,” he concluded.
Former Duquesne Basketball Player, Nick Washington, Innocent
Click the link below to listen to Nick’s story
For 18 months, I had been accused of crimes I did not commit’: Former Duquesne University basketball player talks about rape charges being dropped
Below is the real story and why the DA had evidentiary issues.
K. B. is no longer an “alleged victim of sexual assault”. She wasn’t a victim September 2017 and certainly is not a victim now. K.B. was not forced to accept the plea agreement. She chose to accept the offer as recommended to her by the Commonwealth.
Nicholas Washington never asked for a plea agreement and was prepared to go to trial. The unsolicited offer was submitted to Mr. Washington’s by the District Attorney’s Office at Grafe & Batchelor, P.C., days before trial was to begin. The Commonwealth encouraged K.B. to accept the plea because her unsubstantiated claims were simply incredible and the evidence did not support her story. The criminal defense lawyers from Tampa area can help in such cases and help attain justice.
It was her idea to go back to the dorm room, with the intent to have consensual sex. It was K.B. who told the police she never said no.
K. B. did not want to expose herself to the truth in open court so she read her victim impact statement, knowing she would not be subject to cross examination. That cross examination would have included questions regarding her own statements on the night of the incident. It would have included statements she gave to the police, which were stipulated to by the prosecution, that Mr. Washington was innocent of the allegations and had done nothing wrong. In case of fraudulent cases Finding the Right White Collar Crime Lawyer is important.
Whether you are a prosecuting attorney or a defense attorney, we are all bound by certain ethical duties. As a prosecutor those duties include, refraining from prosecuting a charge that the prosecutor knows is not supported by probable cause. If there had been probable cause, there would have been absolutely no reason to withdraw the charges. Had the Commonwealth believed her story, that alone could have provided support to proceed in the prosecution. Had this case proceeded to trial it would have been clear that Ms. Battin fabricated her story. It would have been abundantly clear that what she alleged was completely false.
If the justice system failed, it failed Nick Washington. For 18 months his life was put on hold. Between the time of the allegation and the day conveying an offer nothing had changed. Probable cause to support the charges never existed.
Mr. Washington pleaded guilty to a disorderly conduct, which is the lowest level, non-sexually related misdemeanor in Pennsylvania. Mr. Washington pleaded guilty despite his innocence, only due to the inherent risks of going to trial as a young black man.
Case Withdrawn
It took almost a year to obtain justice, but finally the case was dismissed. Ms. Busia was wrongly charged with a number of serious felony offenses by an over zealous officer. She lost her job, had to fight for her unemployment, and has suffered unimaginable embarrassment from the start. After succeeding in her unemployment hearings and a lot of hard work and patience, Ms. Busia’s case is over. The entire case was withdrawn by the Allegheny County District Attorney’s Office as we were prepared to pick a jury on January 16, 2019.
Steven Townsend
Justified Use of Deadly Force
Case against man charged with killing 2 people outside gas station headed to trial
Video
AMBRIDGE, Pa. – The case against the man accused in the shooting deaths of two men who he said were part of a group that attacked him at an Ambridge gas station last month will move forward.
Brandon Lee Richardson, 31, was surrounded by supporters Friday during a preliminary hearing.
The judge heard testimony from two Ambridge police officers who told the judge they saw multiple shell casings, blood and a bullet hole in a silver sedan.
The prosecutor played surveillance video for the judge that the defense attorney said showed Richardson being jumped while standing at the back of his car and being beaten, kicked and punched.
Richardson’s attorney, Steve Townsend, said his client fired only after the group of five walked away and two came back and continued the assault. Brandon Everett and Lamar Seymour died in the shooting.
According to Townsend, Richardson didn’t know the people who allegedly jumped him, and everyone involved was at a bar in the evening, but nothing happened there.
Richardson, who Townsend says has stage 4 prostate cancer, was held for trial on all charges.
Pennsylvania Use of Force: Title 18 Pa.C.S.A. Sec. 505
Use of force in self-protection.
(a) Use of force justifiable for protection of the person.—The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.
(2) The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat;
There are legal experts like in Law Office of Daniel Deng personal injury lawyers that can help with legal representation of such cases.