Attorney Wayne Downey recently represented a Borough Mayor in Magisterial District Court for two citations of Criminal Harassment – Course of Conduct with no Legitimate Purpose. The Mayor had previously been involved in a contentious political situation with a local volunteer fire department, members of which had a letter signed by the department read in the minutes of a Borough Council meeting requesting that the Mayor refrain from coming onto their property or contacting them via phone, text, or email. Six months later, he was cited for merely talking to several members of the fire department at an accident scene, and on another occasion for texting the President of the Fire Department to clarify an accusation she had made against the Mayor at another public meeting.
Mr. Downey cross-examined the citing officer and members of the fire department in both cases at the summary trials, and during his own case-in-chief, called the Mayor to testify on his own behalf, demonstrating that his client’s actions were not intended to harass or annoy, but rather had legitimate purposes. In both instances, the Magistrate acquitted the Mayor at the conclusion of the summary trial.
In another case, Mr. Downey represented a client charged with misdemeanor Witness Intimidation for asking his then girlfriend to not pursue charges for assault against his ex-wife. Mr. Downey cross-examined the girlfriend on the stand where she admitted to having a continuous relationship with the defendant, and that he never threatened or coerced her. The Magistrate dismissed the charges.
The Mayor was pleased that he got to have his day in court, face his accusers, and was finally exonerated. Mr. Downey is similarly pleased that such politicization of law enforcement, as has become all too common of late, was not ultimately successful. The second client was similarly pleased with his results.
If you have a situation where you feel you have been falsely accused of a crime and don’t know what to do or where to turn, call Scaringi Law to schedule a consultation.