Ex-judge sent to jail
Former Judge Paul Pozonsky, left, leaves the Washington County courtroom with his attorney, Robert DelGreco, after being sentenced to one month jail time and 2 years of probation.
Former Judge Paul Pozonsky leaves the Washington County Courthouse after being sentenced to up to 23 months’ jail time and 2 years of probation.
Paul Pozonsky
Former Washington County judge Paul Pozonsky, center, flanked by his attorneys, Mark Fiorilli, left, and Robert Del Greco Jr., is shown in March after his plea hearing.
Former Washington County judge Paul Pozonsky was sentenced Monday to jail time and probation after pleading guilty in March to misdemeanor charges of theft, obstruction of justice and misapplying entrusted government property for stealing cocaine evidence while he served on the bench.
Pozonsky hung his head as his sentence was read – 30 days to 23.5 months in jail. He also was sentenced to 2 years of probation and drug counseling. Pozonsky is eligible to be paroled after 30 days. If early release is granted, Pozonsky’s probation would begin after his parole period is complete.
Pozonsky will serve his sentence in Washington County jail. His attorney, Robert Del Greco Jr., requested house arrest, which Senior Judge Daniel Howsare said he would consider if recommended by the county’s adult probation department.
Pozonsky’s bail was officially revoked at 4 p.m. Monday, when he was required to turn himself in at the jail.
A felony charge of conflict of interest and two additional misdemeanor charges were withdrawn as a part of a plea agreement.
The sentence was handed down by Howsare of Butler County, who could have sentenced Pozonsky to a maximum of six years in prison and a fine. Howsare acknowledged that his decision was difficult, and that he didn’t “intend to add salt to the wounds.” But he said some incarceration was required in this situation because of Pozonsky’s actions.
“He knew he had a problem. He knew counseling was available, but instead he decided to use evidence to satisfy his drug use. That’s difficult to overlook,” Howsare said.
Pozonsky, who was instrumental in establishing Washington County’s drug court, also forfeited his pension, which totaled $98,000 per year plus full medical coverage for life, and faces the loss of his law license.
He will be required to pay court costs and fees, including a $15,000 lab processing fee from the Pennsylvania State Police.
Investigators accused Pozonsky of stealing cocaine evidence after ordering police to bring it into his courtroom during several routine pretrial hearings. He kept the drugs in a locked cabinet in a vault in his office and replaced the drugs with other substances, including baking soda.
Del Greco said addiction played a role in his client’s actions, and that Pozonsky began treatment in May 2011.
Pozonsky, his voice breaking at times, told the court how his addiction and his actions ruined his marriage and his relationship with his children, left him impoverish and destroyed his reputation. He attributed his “poor decisions” to personal issues, a heavy caseload and a contentious working environment. He said he only blames himself and takes full responsibility.
“It’s taken away the only job I’ve ever loved,” he said. “I stand before you a broken man.”
Pozonsky said he “was never under the influence while conducting business as a judge.” Del Greco and Deputy Attorney General Michael Ahwesh said none of Pozonsky’s cases was affected. Ahwesh declined to comment following the sentencing hearing.
After the hearing, Del Greco said Pozonsky has “suffered mightily” and hopes he “can rise from the ashes one day and become a productive citizen” again.
Pozonsky’s arrest in May 2013 followed the recommendation of a grand jury convened by the state attorney general’s office.
He served on the bench for nearly 15 years before resigning in June 2012 after he was removed by former president judge Debbie O’Dell Seneca from overseeing criminal cases.
He moved to Alaska following his retirement but has since returned to Washington County to care for his elderly parents.
Pozonsky also previously served 13 years as a district judge in Cecil Township and McDonald before being elected to the Washington County bench.