Pocono News Section

Charges Forwarded To County Court, Again

Charges Forwarded To County Court, Again - Friday, November 2, 2007 at 5:31PM EST

Reported by: Jill Konopka
Friday, Nov 2, 2007 @05:31pm EST
(WILKES-BARRE, Luzerne County) -

For the second time, a simple assault charge against a Hanover Township school board candidate is sent to trial.

Police arrested Frank Ciavarella, Junior in July in connection with a bar fight. The first time around, the case was sent to trial On Friday it returned to Central Court in Wilkes-Barre on a technicality.

The defense never got to call any witnesses. The court has ruled again, while Ciavarella faces another audience Tuesday at the polls. Joe Gasper says he's still trying to pay off mounting medical bills from a bar brawl last July at the Askam Inn in Hanover Township.

Gasper and authorities say Frank Ciavarella, Junior smashed an empty beer mug on Gasper's head. Gene Molino is an Assistant District Attorney with the D.A.’s Office, "All commonwealth witnesses would testify that the defendant threw the first punch, that he initiated it."

District Judge Paul Hadzik has forwarded Ciavarella's misdemeanor two simple assault charge to trial. That decision came after the defense called it's only witness Thomas Stravitzski. He tells a very different story. Mark Bufalino is Frank Ciavarella, Junior’s Attorney, "He saw Mr. Ciavarella being attacked by Mr. Gasper and not the reverse and I think it's as plain as that. Mr. Stravitzski also testified he never saw Mr. Ciavarella strike Mr. Gasper."

Over the phone, Ciavarella told WBRE News he did not throw the first punch, but after being hit three times, and then grabbed, he did use the mug to defend himself. Henry is a taxpayer in Hanover Township, "I don't think he should run at all if he has that bad of a temper."

In less than a week, Ciavarella hopes to win a seat on the Hanover Area School Board. His goals according to his website are to implement a "no bullying" policy and drug - alcohol and diversity awareness program. The court ruled Friday, but voters will decide on Tuesday.

Bill Jones is also a resident of Hanover Township, "Well you’re innocent till’ proven guilty, we're going to have to wait and see until the court straightens it out."

The defense also tried unsuccessfully to get the simple assault charge reduced from a misdemeanor 2 to a misdemeanor 3. Ciavarella now faces up to five years in prison and a five-thousand dollar fine.

WBRE News will let you know Tuesday if Ciavarella wins one of the five open seats on the Hanover Area School Board.