Pozonsky pleads guilty, felony charge withdrawn
Former Washington County Judge Paul Pozonsky flanked by his attorneys, Mark Fiorilli, left, and Robert Del Greco Jr., pleaded guilty Friday to three misdemeanor counts for stealing cocaine evidence while he served on the bench, while a felony charge of conflict of interest was withdrawn. Visit www.observer-reporter.com for video coverage.
Robert Del Greco Jr., attorney for former Judge Paul Pozonsky, talks to the media after Pozonsky pleaded guilty Friday to stealing cocaine evidence.
Former Washington County Judge Paul Pozonsky pleaded guilty Friday to misdemeanor charges of theft, obstruction of justice and misapplying entrusted government property for stealing cocaine evidence while he served on the bench, while a felony charge of conflict of interest was withdrawn. Two additional misdemeanor charges were also withdrawn.
The plea agreement was accepted by visiting Senior Judge Daniel Howsare of Butler County, and Pozonsky, 59, of Kenai, Alaska, will be sentenced July 13. Probation is a viable punishment option, and the attorney general’s office is not pursuing jail time, Pozonsky’s attorney, Robert Del Greco Jr., said. Pozonsky also may face the forfeiture of his pension.
However, the ultimate decision on Pozonsky’s future is up to Howsare, who could sentence Pozonsky to a maximum of six years in prison and a fine.
During Friday’s hearing, Pozonsky was asked by Howsare to admit his guilt after Senior Deputy Attorney General Michael Ahwesh read a brief summary of the incidents that led to his arrest. When asked if the information provided by Ahwesh was factual, Pozonsky replied, “Yes, your honor.”
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 them with other substances, including baking soda. Washington County District Attorney Gene Vittone said a procedure for handling drug evidence was created shortly thereafter.
Del Greco said addiction played a role in Pozonsky’s “big fall.”
“I can say that he has been clean and sober going on four years now,” he said.
Pozonsky declined to speak with reporters after the hearing, but did greet court staff and former colleagues.
“He has suffered mightily … I’ve know Paul since law school, so we have been fast friends for many years and I’m proud of the way he’s trying to hold on and put things together knowing that he will be sentenced and convicted,” Del Greco said. “I think he is dedicated to putting the pieces back together, but, make no mistake, (this is a big) fall.”
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. Pozonsky also previously served 13 years as a district judge in Cecil Township and McDonald before being elected to the Washington County bench.
Pozonsky’s case was scheduled to go to trial Monday. Ahwesh said that he had intended to call close to 30 witnesses.
Ahwesh left promptly after the hearing. State Attorney General Kathleen Kane’s office released a statement through spokeswoman Carolyn Myers.
“Pozonsky’s duty as a judge and public servant was to ethically preside over drug cases. Instead, he corrupted that system by misappropriating evidence, specifically cocaine, for his own illegal use. The three charges to which Pozonsky pled guilty provide the judge with plenty of discretion for sentencing, and two of them could result in pension forfeiture under the law. We are pleased with the outcome and thank the Pennsylvania State Police for its assistance with the investigation.”
Pozonsky collected a partial pension payment of more than $200,000 and receives nearly $8,000 monthly in state retirement benefits.
Pozonsky remains free on $25,000 unsecured bond.