Still no resolution to Marinkovich-Vitteck dispute
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An extensive legal battle between two former Washington County Democratic Party chairmen is no closer to being resolved after an hour-long hearing Friday in Washington County Court.
Milan Marinkovich and George Vitteck Jr., both former county Democratic chairmen, appeared with their attorneys before Judge John F. DiSalle to determine if Marinkovich is responsible for paying legal fees the local Democratic Party has incurred.
The legal issues between the two men started in 2008 after a controversial election between Marinkovich and Vitteck. Vitteck was elected and took court action against Marinkovich for reportedly failing to turn over the financial records for the years he held the post. Vitteck accused Marinkovich of improperly using committee money for his own benefit.
DiSalle subsequently ordered that records, including checkbooks, canceled checks, bank statements and all other documentation, be seized from Marinkovich and given to the committee. In February 2008, the committee recovered two computers, a committee checkbook and extra checks, deposit tickets and one bank statement.
The court held a hearing, and Marinkovich testified three months later he had no other records and had destroyed all bank records and canceled checks after reconciling the checkbook. DiSalle scheduled a status conference for September 2010 and ordered Marinkovich to return or reproduce, at his own expense, financial records within 60 days. Kurowski said Friday that everything minus the bank records had been returned, and that Marinkovich had provided authorization so that the Democratic Party could obtain those records.
The court planned to review Marinkovich’s compliance, review an audit conducted on behalf of the Democratic Party and assess any special damages the party claimed.
A hearing was scheduled for July 2011, but in the meantime, Marinkovich took an appeal to Commonwealth Court.
In 2012, Commonwealth Court decided it lacked jurisdiction and transferred the case to Superior Court, which had to decide if the appeal was proper.
The appellate court decided recovery of property was the fundamental issue in the case and Marinkovich’s appeal came before a county judge issued a final order.
Attorney Jim Jeffries, who represents Vitteck and the Democratic Party, said the appeal wasn’t “ripe.”
“The last two aspects of DiSalle’s July 25, 2011, order need addressed,” Jeffries said.
Marinkovich was held in contempt for failing to attend a July 25, 2011, hearing. Kurowski said because the issue was on appeal, they did not believe they needed to attend the hearing.
Jeffries said his clients are now seeking attorney fees related to that hearing, in addition to previous hearings.
DiSalle left Friday’s record open after Kurowski asked Jeffries to testify. Jeffries was not prepared and did not have legal representation. DiSalle also asked Jeffries to submit a brief outlining the damages his clients are requesting.
A new hearing date was not set.