Judge denies motion to suppress evidence
Former Washington County Judge Paul Pozonsky, center, leaves the Washington County Courthouse flanked by his lawyers Mark Fiorilli, left, and Robert Del Greco, Jr., following his pre-trial hearing March 22. The hearing was held to determine if the search of Pozonsky’s chambers in connection with his drug theft case was illegal.
Paul Pozonsky
A judge denied former Washington County Judge Paul Pozonsky’s motion to suppress evidence in the criminal case against him.
Senior Bedford County Judge Daniel Lee Howsare, who is presiding over the case, filed his order Wednesday with the Washington County clerk of courts. Howsare ordered the case be scheduled for trial.
Pozonsky, who is accused of stealing cocaine seized in police investigations, was challenging the legality of the manner in which evidence against him was secured. He is charged with conflict of interest, theft, obstruction of justice, possession of a controlled substance and misapplying government property.
In his order, Howsare outlined what he determined to be facts, including testimony from the five witnesses at suppression hearings May 21 and July 31.
Pozonsky’s attorneys, Mark Fiorilli and Robert Del Greco Jr., argued an administrative order from President Judge Debbie O’Dell Seneca used to search Pozonsky’s chambers May 9, 2012, was “illegal, invalid and unconstitutional.” They claimed the order was treated as a search warrant and Pozonsky had a reasonable expectation of privacy in his chambers. The attorney general’s office contended there was not a search.
While Howsare agreed the involvement of state troopers constitutes a search, he said “in order for the matter to implicate Fourth Amendment considerations, the defendant must demonstrate a legitimate expectation of privacy in the area search or the items seized.” State troopers seized the evidence that day and secured it at the Washington barracks.
“In this case, it could not be seriously contended that the defendant did not have an expectation of privacy in what we will term his actual office, particularly his desk. However, no entry was made to this office, except to access the courtroom and no items were removed, expect an exhibit in a civil case retrieved by the defendant,” Howsare said in his order.
Howsare said Pozonsky failed to show an “actual expectation of privacy,” in the other areas of his chambers. Moreover, Howsare claims the items removed were not Pozonsky’s property, but exhibits in case heard in court. As a result, Howsare ruled Pozonsky failed to show a legitimate expectation of privacy and therefore “cannot prevail on his motion to suppress.”
Howsare also determined the administrative order written by O’Dell Seneca was within the “supervisory authority” of the president judge.
Fiorilli and Del Greco said they have not received a copy of the order. They learned of the outcome through the Observer-Reporter.
While they declined to comment further until they had time to review the order, Fiorilli said they respect the judge’s ruling.
“Our motion to suppress was not a boilerplate motion. We subjectively believe that it had merit. Judge Howsare is a seasoned jurist and we respect his ruling,” Fiorilli said in an email.
Pozonsky, 58, resigned from his seat in June 2012 after he was removed from hearing criminal cases by O’Dell Seneca when reports surfaced he was being investigated by a state grand jury. He spent nearly 15 years on the bench as a Washington County judge and previously served 13 years as a district magistrate in Cecil Township and McDonald. He now lives near Anchorage, Alaska, and remains free on a $25,000 unsecured bond.