Author: JOHN BEAUGE; For The Patriot-News

Edition: STATE
Section: Local/State
Page: B02

Article Text:

When did the U.S. attorney’s office know about the statewide grand jury investigation that led to the arrest last month of two Williamsport police officers on corruption charges?

A defense attorney in a federal drug case in which one of the officers, Cpl. Dustin Kreitz, was a lead investigator wants to know.

Andrew Shubin, who represents Markeif Fields, raises in a court document the allegation that the U.S. attorney’s office might have withheld materials in that case to avoid a credibility issue with Kreitz.

“I want the judge to determine when the U.S. attorney’s office was aware Kreitz was being targeted,” the State College lawyer requested in the filing. U.S. Middle District Judge John E. Jones Jr. yesterday allowed Shubin to file a motion that could lead to that information.

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Two years ago, Antonio McIntosh, originally from Brooklyn, N.Y., was led away to federal prison with a 35-year sentence for dealing crack cocaine in this city.

On Wednesday, he left federal court again, but this time with 26 years less time to serve.

McIntosh and co-conspirator Domonique Haynes, originally of Philadelphia, appealed their May 2006 convictions, and the U.S. Attorney’s Office offered to have the case returned to U.S. Middle District Court here for a hearing.

But the hearing never took place because the government presented both men with a plea offer that substantially reduced the amount of prison time.

The U.S. Attorney’s Office has never fully explained why it opted to offer a plea agreement instead of conduct a hearing.

Some court sources have said the nine- and eight-year sentences the two face still are significant.  But others suggest it was a likely way to keep the process from getting complicated by the state prosecution of two former city police officers who were involved in the McIntosh-Haynes investigation and who now face unrelated corruption charges brought by a state grand jury.

Former Lt. Thomas Ungard and former Cpl. Dustin Kreitz have surfaced as targets in other appeals. But, during McIntosh’s sentencing before U.S. Senior Judge James F. McClure, defense attorney Andrew Shubin mentioned Kreitz by name as he argued that a pre-sentence report should be disregarded because it relied on findings from the jury trial during which Kreitz was a witness.

Shubin alleged the trial was tainted by misconduct, but Assistant U.S. Attorney John McCann argued there is no proof of trial misconduct by anyone, including the suspended officers.

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What follows is the Order of the United States District Court, Middle District of Pennsylvania, granting the defendant’s motion to suppress physical evidence.

MEMORANDUM AND ORDER. December 22, 2006

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Pending before the Court are various suppression motions filed by the above-named Defendants in this action. The pending motions are as follows: Defendant Leon Glaspie’s Motion to Suppress (doc. 49) filed on December 1, 2005; Defendant Jerome George’s Motion to Suppress (doc. 66) filed on February 23, 2006; Defendant Leon Glaspie’s Supplemental Suppression Motion (doc. 87) filed on March 17, 2006; Defendant Jerome George’s Supplemental Suppression Motion (doc. 102) filed on April 4, 2006 and; Defendant Leon Glaspie’s Second Supplemental Motion to Suppress (doc. 109) filed on April 17, 2006.
By previous Order of Court dated October 10, 2006 we granted Defendant Markeif Fields’ and Jerome Georges’ individual Motions to join in their co-Defendant Leon Glaspie’s suppression motions. (Rec. Doc. 242).

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When did the U.S. attorney’s office know about the statewide grand jury investigation that led to the arrest last month of two Williamsport police officers on corruption charges? (more…)

Two years ago, Antonio McIntosh, originally from Brooklyn, N.Y., was led away to federal prison with a 35-year sentence for dealing crack cocaine in this city. (more…)

State College man to argue case involving inmate rights

State College lawyer Andrew Shubin has an opportunity to do what most lawyers can only dream about: argue a case before the United States Supreme Court. (more…)