Jim Panyard


Recent Reports

Edinboro University Death A Suicide?

School, police clam up; Family just wants answers

August 12, 2010 | Investigative Report by JIM PANYARD

EDINBORO- What were conceivably the happiest three years of 18-year-old Kieran McHugh's life ended in the early morning hours of September 14, 2008, shortly before he was discovered hanging by bed sheets from his third floor dorm room window at Edinboro University of Pennsylvania.

Erie County Coroner Lyell Cook, a resident of Edinboro, ruled the freshman's death a suicide and said no autopsy was necessary.  The Edinboro University police department handled the investigation, but refuses to reveal any details of the case without Mr. Cook's approval and direction.

PA Supreme Court Gives Gaming Board Special Treatment

Court has exclusive jurisdiction over gambling issues

June 3, 2010 | Investigative Report by JIM PANYARD

Direct access to the state's highest court would be a big benefit to any Pennsylvania industry. The time and money saved by not having to work a case through the system is incalculable.

Only one industry in the nation's sixth largest state has such access. It's not steel nor coal nor agriculture nor tourism nor energy.

It's the gambling industry, which the General Assembly approved in 2004, and which is officially dubbed the "gaming" industry.

What is a Whistleblower?

One who can prove his claims, it appears

April 20, 2010 | Investigative Report by JIM PANYARD

Thomas D. Kimmet's attorneys contend he is a whistleblower. State Attorney General Tom Corbett and his senior staff, defendants in a federal law suit brought by Mr. Kimmet, contend he is not.

A whistleblower, under Pennsylvania law, is "an employee (who) has made, or is about to make, a good faith report to the employer or to an "appropriate authority" about an instance of "wrongdoing or waste." It is unlawful to discharge or threaten an employee embarking on a whistleblower mission.





Recent News Stories

Mediation Ordered For Philadelphia Family Court Fiasco

Fears of $200 million project being scrapped by next governor

September 3, 2010 | by JIM PANYARD

The continuing saga of the proposed $200 million Family Court building in Center City Philadelphia reached a new stage Thursday when mediation of the dispute was ordered by a bankruptcy court judge.

The order is an effort to speed up the dispute resolution between the developer, Donald W. Pulver of Conshohocken, and state officials who are attempting to strip him of his original no-bid agreement to build the structure.

Artist rendering of the planned Family Court building. (credit: Ewing Cole
Proposed Philadelphia family court

If ground is not broken for the project by the time lame duck Governor Ed Rendell leaves office in mid-January, the next governor will have to reauthorize the project, and approval is hardly a given.

Still in question is an additional $12 million in planning and preparation funds expended with the authority of state Supreme Court Chief Justice Ronald Castille. No one, including the Chief Justice, is certain where all the money went. Justice Castille hired a consultant in June to track down the expenditures, while the FBI is performing an independent investigation of its own.

Mr. Pulver filed for bankruptcy to prevent the Philadelphia Parking Authority, on whose site the court is to be constructed, from cancelling his redevelopment rights for the project.

Read More:

Former Sen. Fumo Determined Site For Family Court Project (7/2/10)

Politicans Silent on Family Court Mess (6/22/10)

Seeking An Investigation Of Chief Justice Castille (6/17/10)

Where'd The $12 Million Go? (6/7/10)

Mr. Pulver's partner in the development deal is prominent Philadelphia attorney Jeffrey Rotwitt, who was simultaneously advising Justice Castille in finding and developing the Family Court site. Mr. Rotwitt was fired in May by the Ballard Spahr law firm after 30 years of service when the potential conflict of interest came to light. Mr. Rotwitt claims Justice Castille was aware of his deal with Mr. Pulver. Justice Castille has denied the claim.

Also in question is who has the rights to nearly $6 million in architectural drawings for the project which were created by the Philadelphia firm of Ewing Cole. Mr. Pulver claims they are his and the state also claims ownership.

No date has been set for the mediation sessions, which will be handled by Chief Bankruptcy Judge Stephen Raslavich.

Jim Panyard is a reporter for PA Independent.  He can be reached at Jim@PAIndependent.com

General Electric Declines PA Taxpayers' Half Million Dollars

Project "null and void," says Rep. Harkins

September 3, 2010 | by JIM PANYARD

General Electric has turned down a $500,000 taxpayer-funded grant it was awarded by the state two weeks ago, according to state Rep. Pat Harkins (D-Erie).

GE Logo

The grant, which Mr. Harkins worked to obtain for GE's Erie-based operation, was to be used for the funding of a new crane as part of its efforts to become a major player in the development of wind propelled drive trains for windmill energy.

Mr. Harkins said another company partnering with GE on the project dropped out and the plan became "null and void." He said the company called him on Monday about its decision.

Earlier this week, PA Independent reported on the awarding of the grant to GE - which was ranked as the world's second largest company this year by Forbes Magazine.  The earnings of GE, a multinational conglomerate that includes NBC and NBC Universal, dropped from $17.4 billion in 2008 to $11 billion in 2009.

Read More:

PA Taxpayers Give GE Half Million Dollars (8/30/10)

The grant to GE was authorized by the Pennsylvania Energy Development Authority.

PEDA was established in 1982 to promote applied energy research, provide financial incentives for the deployment of clean, alternative energy projects and promote investment in Pennsylvania's energy sector.

Jim Panyard is a reporter for PA Independent.  He can be reached at Jim@PAIndependent.com

Private Campus Police Forces Want Upgrade

State police question logistics and logic

September 1, 2010 | by JIM PANYARD

EAST WHITELAND, Penn. - As many as 1,200 additional police officers may be patrolling streets near Pennsylvania universities if 88 private colleges and universities are allowed to qualify under the same regulations enjoyed by police forces of state and semi-private institutions of higher learning.

Two bills sponsored by state Rep. John Yudichak (D-Luzerne) would modify current state laws to permit campus police departments, after they meet state qualifications, full police powers to cover not only their own grounds, but also property within about one-third of a mile (500 yards) of the school.

The House Judiciary Committee heard testimony from representatives of private colleges in Pennsylvania on Wednesday in Chester County.
Jason Friedberg

During a hearing of the House Judiciary Committee at Immaculata University Wednesday, representatives of campus police and security agencies from Franklin and Marshall University, the University of Scranton and Bucknell University testified enthusiastically for House Bills 2592 and 2593, sponsored by Mr. Yudichak, who did not attend the meeting.

The only sour note at the proceedings came from the Pennsylvania State Police (PSP), which sent in testimony questioning the wisdom of the measures. No PSP representative attended.

In the PSP's unsigned and unattributed document, the state force said all municipal police officers must be certified under the Municipal Police Officers Education and Training Commission (MPOTEC), which falls under the purview of PSP. Currently, the police forces at the University of Pittsburgh, Penn State University, Lincoln University, the University of Pennsylvania, Temple University, Drexel University, Penn Tech and the State System of Higher Education's 14 colleges are MPOTEC qualified.

Read More:

Onorato's Office Looking Into Edinboro Student's Death (8/27/10)

Edinboro University Death A Suicide? (8/12/10)

The state police said the influx of up to 1,200 officers from non-state affiliated schools could overwhelm MPOTEC program trainers.

The state police said the additional training and related costs "make it difficult for MPOTEC to adequately assume responsibility for new departments, especially at a time when ever diminishing public dollars can be better leveraged through regionalization of police forces and streamlining of operations."

House Judiciary Minority Chair Ron Marsico (R-Dauphin), left, and Committee Chair Thomas Caltagirone (D-Berks)
Marsico Caltigirone

The bills also neglect to state what governmental authorities will have oversight and responsibility for the new police forces, and what entity would assume legal liability for the actions of the forces, the state police wrote.

"Moreover, the bill(s) exacerbate the situation by mandating that these private campus police agencies be considered as criminal justice agencies after the officers are sworn in and the Act 120 training is completed. As such, they would be automatically eligible to obtain certification from MPOTEC without further background investigation," the state police letter said.

Act 120 was passed in 1993 as a means of having campus police officers at state-related schools deemed "police officers" by having MPOTEC training.

The representatives of the private schools offering testimony indicated their schools would pay the costs of MPOTEC training, rather than taxpayers, and that their schools currently have excellent working relationships with local municipal forces. They added that current law allows campus police to work on off-campus incidents "in the immediate vicinity," but does not define the term.

The vagueness of the law can lead to indecision by law enforcement officers, they said.

"Of more than 1,200 police departments in Pennsylvania, less than 70 are accredited," said Lt. Dennis H. Walters of the Franklin and Marshall Department of Public Safety. The status of ‘campus police' varies with various legal interpretations, he said, while endorsing the idea of having other campus police departments attain parity with those of state-related universities.

Jim Panyard is a reporter for PA Independent.  He can be reached at Jim@PAIndependent.com