The rumor was that the room where the disciplinary board hearing was to transpire today had to be transferred to a larger courtroom due to the large volume of injured people, and annoyed Judges and lawyers showing up.
After a multi-year long extensive investigation, finally Parks Miller faced a panel of three Judges who will decide whether or not she can keep her license. She brought in tow with her, testifying on her behalf, Tom Kline and Bruce Castor.
Prosecutor Anthony Czuchnicki brought his fighting spirit. CAVEAT: Parks Miller was unable to defend herself because she failed to comply with a court ordered deadline to submit her response to Czuchnicki’s petition for discipline.
We all have seen Parks Miller’s reckless disregard for the law when it applies to her own actions, and her beligerent proclivity to “point fingers” and spread the blame to everyone except herself. Anyone who has been closely following this spectacle of justice for years is well aware that “nothing that ever happens” is Parks Miller’s fault, and “everyone else is lying” except for her.
Among the things addressed were the “fake Facebook” page:
The state’s Disciplinary Board accused Parks Miller of violating established rules for professional conduct when she was district attorney in that she communicated with judges inappropriately outside of court and created a fake Facebook page that could have been used for spying on defendants. CITATION
There is well established caselaw that Attorney’s may not supertfugeously communicate with witnesses about pending cases without identifying themselves as an Attorney. This rule particularly applies to pending cases. Parks Miller went above and beyond breaking that rule, setting up a Facebook page Parks Miller created for the fictitious “Britney Bella,” which featured stock photos of “attractive, buxom, scantily-clad” young women in order to enhance the page’s allure, according to the office of disciplinary counsel. [REDACTION] But Parks Miller said she started the page in 2011 because Pennsylvania State Police don’t have access to social media because of their restrictive firewall and she wanted to be alerted when three particular stores in town held giveaways for dangerous bath salts. CITATION Purportedly, and according to one member of the PSP, this was also a lie. The PSP had their own sting operations, and as they were not attorneys governed by rules of conduct, these stings were legal. What is not legal is an Attorney discussing pending cases, under a fake alias, with criminal defendants, and then using that evidence against them – and never entering the chat logs into court.
In the legal sense of the word, this is called “entrapment.” Parks Miller used this page to speak to criminal defendants and witnesses to garnish incriminating evidence she could use against them in court. She obviously was aware she was breaking the rules of professional conduct, otherwise these “secret chats” would have been entered into evidence. But no chat was ever entered into evidence.
For the first time – likely at the advice and implorations of her counsel – disgraced Bruce Castor, the failed prosecutor in the Andrea Constead case, Parks Miller issued a public statement and even testified to taking “some responsibility” for her actions.
One of the main issues was communication with Judges, inappropriate or “ex-parte” communications as they call it in the legal world. In laymen’s terms, ex parte communications occur when a lawyer has conversations about cases and exclude the opposing counsel’s attorney in hoping to sway the judge.
Penn Live writes that for the first time the embattled former prosecutor admitted that she violated rules for communicating with two judges on four occasions. CITATION She maintained that the hundreds of text messages sent during criminal proceedings, oftentimes with the jury on the bench had nothing to do with cases. As the County could not recover the content of the text messages themselves, (but only the enormous frequency of the exchanges), there was no proof. But what else could you be texting about to a Judge in the middle of criminal jury trials at that level of frequency, other than about the nature of the proceedings themselves.
But Parks Miller said none of the communications were intended to influence the judges. CITATION This is clearly a flagrant lie, and there is an affidavit of Court Reporter Maggie May substantiated that their discussions did revolve around the discussion of evidence in cases:
- “During one of the recesses…Judge Lunsford told me that he and the District Attorney were texting to each other during the four day trial,” reads an affidavit signed by former court reporter Maggie Miller. “Then [Lunsford] complained that through texts, Stacy Parks Miller was ‘bitching to him’ about the way Judges Lunsford handled some objections and how he was handling the trial.” CITATION
So you can believe one of two people. You can believe Maggie Miller who had absolutely nothing to gain by signing an affidavit pertaining to the text messages between disgraced/resigned Judge Lunsford; or, you can believe Stacy Parks Miller, whose only motivation right now is to save her law license.
Parks Miller further testified that she has not practiced law since leaving office, a clear record of perjury depending on your definition of “practicing law.” If practicing law excludes meeting potential clients in your living room (because she lacks an office), but the rules of professional conduct include pre-retainer advisement and hearing of potential legal matters. If Parks Miller’s limited definition of “practicing law” only involves appearing in court or filing pleadings, then her definition is at direct contradiction to the ethical rules in Pennsylvania that govern attorneys, and she (at minimum) needs to review these rules, and at maximum, should be investigated for perjuring herself on the stand when she testified to this.
Parks Miller has not practiced law since leaving office earlier this year, she testified, because she thought it would be unfair to clients with the uncertainty of the disciplinary proceedings hanging over her head.
THE HEARINGS TODAY WERE DRAMATIC, BUT ONLY ENCOMPASSED A SMALL PORTION OF THE DISCIPLINARY COMPLAINTS RECENTLY LEVIED AGAINST THE DISGRACED PROSECUTOR
The panel was a three member committee who looked less than impressed when Parks Miller took the stand. As you might have predicted, it took very little time for the finger pointing, histrionics and impulsive shrill outbursts began.
One notable occurrence was the one where she called sitting President Judge Ruest a “liar.” In another outburst, she called Federal Judge Matthew Brann a “Kook.” In a torrent of insults Parks Miller took no responsibility on the stand, and blamed everyone except herself for the situation she was in. It was an epic performance, even for a skilled bull-shitter such as herself. She played the victim today, and the disciplinary board panel (mostly stone-faced) seemed all but to roll their eyes with the overly wrought “i’m just a victim” charade she carried on.
The raised eyebrows of the panel spoke volumes to the attorneys seated in the audience. They were less than amused by this recalcitrant and childish, blame dodging behavior. Little did they understand that this courtroom behavior was par for the course and something that Centre County Judges and Attorneys had been suffering and witnessing for years.
She likely will be sitting on her hands for several more months before learning her fate. CITATION The panel will take at least 60 days to decide her fate. She could be facing penalties ranging from a public shaming where she gets “told off” by the sitting Supreme Court in a Hearing of Reprimand, or full out disbarment. Many people in Centre County are hoping for and expecting the latter.
But there was plenty more about the ex parte communication: Parks Miller admitted to a second mistake involving the same judge in 2014 when she sent a text message directly to him about moving a hearing date. “There’s absolutely no excuse,” Parks Miller said about that text message. “I can’t try to defend that.” CITATION What the Penn Live article does not mention is that this aforementioned case involved a pro se litigant. Parks Miller’s emails were livid and frankly contained a tone that no attorney would ever use with a Judge.
NOTHING IS EVER THE FAULT OF PARKS MILLER, SHE WAS TOO ABOVE THE LAW TO FILE HER RESPONSE TO THE DISCIPLINARY BOARD COMPLAINT ON TIME.
One would reason that if you were a lawyer facing potential disbarrment, an unemployed lawyer at that, you would pay especially close attention to filing deadlines to reply to a petition for disciplinary complaint. Parks Miller flat out blamed her lawyer Bruce Castor.
Two additional errors to which Parks Miller admitted came with the caveat that she would have challenged them as violations, but her attorney missed a deadline to file her response. CITATION
Disciplinary councilman Anthony Czuchnicki opened by noting that Parks Miller had not responded to the accusations by the board in a timely manner, meaning that, by lack of a response, Parks Miller had admitted to her actions. These actions, he said, included attempts to influence a judge via email, prohibited communication with a judge while matters were under discussion, a prejudice to the administration of justice in the county and actions that resulted in a judge’s violations of the rules.
Parks Miller took the stand first in her own defense, explaining that she was unable to respond to state Supreme Court decision regarding the board’s accusations because, she claimed, she had asked her attorney at the time to file a response before what she believed was the end of the 10-day deadline, but he had failed to do so. When she attempted to file the response herself, she found it would not be accepted. CITATION
In this case I have to point out, that under the two-three occasions Parks Miller has sued a Judge, county commissioners, private defense lawyers and private citizens, that she has written the pleadings, and Rogers-Castor filed them. Likely with little to no review, otherwise the content of those civil complaints would be far less full of insanity, and far longer if Bruce Castor actually had penned them.
I don’t know if anyone has ever had the extreme pleasantry (Sarcasm) of getting an email from Bruce Castor, but they tend to be pages long. As lengthy as he is prone to talk in court, his letters (which could usually be summed up in 2-3 sentences) go on for pages. This is Bruce Castor’s achilles heel and has always been. He never shuts up, and he goes on for miles, usually until the Judge forces him to boil down his arguments or tells him to sit down and shut up.
This legal saga is admittedly complex, and while Pennlive has excellent coverage, they did manage to screw up some basic facts: As it happened, two people with cases filed by the district attorney’s office became “friends” with the page, which could have allowed the office access to information that otherwise would have been private. But Parks Miller said there was absolutely no communication with those defendants and that her office was unaware that they had open cases. CITATION Here is yet another bold face lie. In one instance, after a preliminary hearing, a Defendant “facebooked” Britney Belle the following day. “That was you?” he asked in utter shock, and then word began to spread, he outed her.
LIE, DENY AND DISTRACT – THE PINNACLES OF A GUILTY PARTY PER POLICE TRAINING
In all, Parks Miller said the disciplinary case against her unearthed 84 text messages involving judges but only four involved violations. CITATION In other words, Parks Miller admitted only to the ones where there was proof beyond a reasonable doubt, and as suspicious and clearly unethical as the timing and rest of the text message logs looked, they had no proof. The cops that raided her office in 2015 could not see the content of the text messages because she deleted them prior to the execution of a search warrant. In Parks Miller’s world, she would have charged herself – as a Defendant – with felony obstruction and willful destruction of evidence. I believe those charges were lobbied in the Piazza case.
James Kutz, Parks Miller’s attorney, repeatedly noted that the cell phone evidence used in the disciplinary action stemmed from a “politically-motivated” search warrant that later was determined to be defective. CITATION
Who is this MORON James Kutz? There is no application of criminal due process when it comes to the investigative methodology of the disciplinary board. Let’s start calling James Kutz, James Clutz, because his arguments fell short, and that was clearly visible to the audience simply by examining the expressions of the three panel board sitting in that disciplinary board hearing listening to – excuse my language – this utter horse shit. It does not matter if the search warrant was defective, and unlike most criminal defendants – Parks Miller was notified of the impending search warrant on her office, and had plenty of time to delete evidence from her cell phone, tablet, laptop and computer prior to the former execution of the search warrant.
As for the search warrant being politically motivated, that is false. A Judge and an Officer of Law Enforcement signed off on an Affidavit of Probable cause. The County, in effort to be extensively fair, took the matter to an out of county judge and had that judge independently review the file before also affirming their was probable cause. Furthermore: In Parks Miller’s multiple dismissed civil lawsuits against the county, Federal Judge Matthew Brann also affirmed that these officers of the law, and these law enforcement officers, all had probable cause and the search warrant was legal.
The resulting search of her phone for evidence in a forgery case did not turn up any evidence and in fact, Kutz said, she was found by a grand jury not to have forged a judge’s signature. CITATION
CAVEAT Mr. Klutz, the investigating Grand Jury was conducted by convicted felon former AG Kathleen Kane, who was also facing her own criminal investigating grand jury at the time, and whom also hired Bruce Castor to be her second in command while in the OAG. It was a very incestuous circle which you are clearly too dumb to fully understand to form a cohesive argument, and/or you are hoping the panel is too dumb to really understand the incestuous dynamic of these conflicts of interests, and the underlying problematic outcome of the investigating grand jury. In all actuality, yes, the grand Jury was found not to have found Parks Miller guilty….. But then there is that pesty article from the Legal Intelligencer, who spoke to an OAG attorney on the investigating grand jury into Parks Miller, and was instructed specifically by Kathleen Kane: “She said kill it as soon as it came through the door.”
Defense attorneys made hey of her cell phone logs, which were released publicly before a complete analysis was performed, by claiming the communications jeopardized their cases. CITATION Another brilliant argument by her defective klutzy defense lawyer. There is no proof, to date, that releasing these records jeopardized any cases. This was an argument brought up in front of Federal Judge Brann who reviewed all of this extensively, and no proof to this effect was ever offered. The only thing that these cell phone records ever “jeopardized” was Parks Miller’s ability to retain a law license after breaking the rules of etheical conduct.
In the end, when the analysis was complete, Kutz said, there were no messages in the two most highly-cited cases including one for a defendant “Jalene McClure,” who was convicted of seriously injuring an infant in her daycare. CITATION For this ridiculous argument by Attorney Clutzy, I refer you specifically to my former blog What they did to Bernie. , and also would like to reaffirm that this case was overturned during a PCRA hearing due to prosecutorial misconduct.
PARKS MILLER IS FOREVER A VICTIM AND WANTS TO SUE THE COUNTY AGAIN, LIKE A TYPICAL CRIMINAL, SHE WILL NEVER TAKE ANY PERSONAL RESPONSIBILITY
Cantorna eventually ran against Parks Miller and won her office.
- Parks Miller has long alleged that the attacks against her, including the “bogus” search warrant, were politically motivated. She testified Monday that her tough stance against easy plea deals earned her quick enemies among defense attorneys, including Cantorna. CITATION
Let’s set the record straight. Bernie Cantorna had a booming practice and likely took a pay cut to run for office. It was not a job he necessarily wanted, but the county was pressuring him from all sides to run. He likely was making more money than Parks Miller, had more time in private practice to devote to his family, and wasn’t particularly in the mood to engage in some close quartered knife fight with a raging lunatic. Bernie Cantorna entered the race at the last minute, and the entire legal community, the entire law enforcement community and the rest of the private citizens heaved a sigh of utter relief. Despite his late entrance, he won overwhelmingly. And what a spectacle that race was, some of the most ridiculous outbursts and insanity eminated from the disgraced and now desperate district attorney Parks Miller. Cantorna’s campaign finances were miniscule to some of these other political campaigns in office, he ran on a small budget, he ran at the last minute, and he ran a hardworking (yes) but modestly funded, small, last minute campaign.
The message was clear. The citizens of Centre County were sick and tired of the scandal, upheaval, lawsuits, vitreol, embarrassment, and general charades. Lawyers and Judges watched as out of county attorneys came to Centre County to litigate and caught sight of the circus. It became a statewide embarrassing scandal, riding on the heels of Sandusky. The legal community was laughing at Centre County, as in “look at that constant hot mess in the middle of the state.” It was a never ending scandal, and riding on the heels of Sandusky. State College was sick of scandal, and here was yet another one.
Saul Goodman from the HBO show, “You Better Call Saul” could have run that race against Parks Miller and won. At that time, “a hamster” could have entered his name on the ballet and won.
She loves to throw around this word “politically motivated,” or the word “conspiricacy” to take her job. Nothing could be further from the truth. Nobody wanted that job, what people REALLY wanted was her not to have that job. Cantorna took that job for the same reasons Larry Krasner took the job as Philadelphia District Attorney. They both probably took pay cuts, but at some point in time, good lawyers realize they have a civic duty.
THE POLITICAL MANEUVERING OF TOM KLINE
At first, I respected Kline as a zealous, top-of-the-line Plaintiff’s lawyer who was maximizing damages for his clients the Piazza in his oncoming suit against Penn State. This suit he is about to file against Penn State et al, is going to be the second biggest lawsuit wagered since the Sandusky civil suit.
I could almost understand him standing behind Parks Miller at press conferences, even against my better judgement that a Plaintiff’s lawyer (usually liberal, democratic and in hyper defense of the downtrodden); it was my ascertainment that Kline was just doing his job and maximizing damages.
The legal community in Philadelphia is small. Kline and Spector Attorneys and Staff are the creme de la creme. I should know. Once I was offered a job by Andy Stern, but Stern doesn’t operate like Tom Kline. Stern with his 3 daughters and hobbies of flying is a much different beast than Tom Kline. Kline is known for his late night outings, three hour rendevous at the Hyatt on Broad Street in Philadelphia with attractive women.
When Kline appeared at the Disciplinary Hearing, I would surmise that it had nothing to do with his personal representation of the Piazzas. Particularly after the anti-hazing senate bill was recently past. Tom Kline inserted himself into that hearing likely for personal ties to Parks Miller. And in the midst of her disciplinary hearing, as one of the most powerful civil personal injury attorneys in the state, he admitted to something illegal. Per audience reports he all but said he had involvement with the drafting of criminal grand jury indictment against the beta brothers.
- One of the witnesses who testified on behalf of Parks Miller on Monday was famed Philadelphia civil attorney Thomas Kline, who currently represents the parents of Tim Piazza. CITATION
Why is this a problem? Because the purpose of Grand Juries are not to boost a civil lawsuit for a shark like Plaintiff’s lawyer. The purpose of Grand Jury proceedings are generally to keep secrecy in order to protect witnesses from retaliation. Kline should have never viewed or altered, or in anyway been involved in the Investigating Grand Jury Report on the Beta brothers. It is an ethical conflict of interest for him to participate in criminal grand jury matters, where he has no jurisdiction, and to which benefit his outcome of SUBSTANTIAL damages as Plaintiff’s lawyer.
You did not see Andy Shubin participating in press conferences or weighing in on the Grand Jury report for the Sandusky matter. Shubin kept his nose out of it, because he knew where the ethical line was.
So when I heard that Tom Kline appeared supporting Parks Miller as a witness, and when I heard that he testified alluding to the fact he participated (whether directly or by proxy) in the grand jury investigative report, my red flags were ablazing.
Three reasons for this: 1. Tom Kline, as one of the most high powered PI lawyers in the state, would not seemed so inclined to put that spotless reputation of his at stake unless there was something sordid going on behind the scenes; 2. There is no more lobbying for Tom Kline to do, the Senate bill (anti-hazing) passed and he won his battle, and this will have no effect on the outcome of Piazza, in fact it will do nothing more than tarnish his spotless and formidable reputation; 3. To even allude through testimony that he participated in a “secret” grand jury process as a counselor or offered advisement breaks grand jury secrecy laws all day long, and he could (if the Disciplinary board dared) be subject to sanctions himself, simply by sticking his nose in it.
It was a dangerous and reckless and reputational shattering thing for him to do to appear in Harrisburg, and furthermore, high powered Penn State lawyers are going to likely use the fact that he appeared today in their defense when he drops a law suit on the university. It was a stupid ass move for both him, his reputation, his case and his clients. I suspect there were multiple trips to the Broad Street Hyatt involved for Parks Miller to manufacture such a good deal.
- Kline dropped a nugget during his testimony that wasn’t previously known about why Cantorna had asked for the Attorney General’s office to take over prosecution in the Piazza case. Kline said Cantorna told him that he had previously provided legal advice to one of the defendants in the case. CITATION
Well, Tom Kline, as Cantorna was one of the top private lawyers in the county, it’s no wonder he was consulted for a defense for one of these defendants. Secondly, I would ask if the disciplinary board request exactly where he got that “nugget” of information, because unless it is filed publicly in a pleading or that information was gained throughout the course of litigation, than Tom Kline dropping that “nugget” of information is also an ethical violation.
Please note that the State Ethics Board declined to cite a reason for the ethical violation that precluded Cantorna from fairly being able to prosecute the case. They did not want to tarnish or to bolster unfairly the due process of any of these Beta criminal defendants by inserting a politician behind their name. In other words, the state board of ethics found it unethical to site the conflict, and Cantorna agreed, never disclosing the ethical conflict because he did not want to taint a jury pool in one direction or another. I am certain Tom Kline read the ethics opinion, and he took it to a whole different low as a bottom feeder. I hope he motions for a change of jurisdiction after his civil complaint is filed, because all of Centre County heard that, and by dropping that little tidbit about a walking hero among happy valley citizens – he did a severe injustice for his clients and his pending cases.
- Kline spoke glowingly of Parks Miller’s handling of the Piazza case and said she “has a lot to offer” as an attorney. CITATION
Catfishing, forgery, abuse of office, perjury, draconian sentencing practices, almost total lack of work release, brady violations, texting judges, fake facebook profiles, falsification of evidence, misspending of drug forfieture money: TOM KLINE, I THOUGHT YOU WERE A PLAINTIFF’S LAWYER, WHAT KIND OF HORSE SHIT IS COMING OUT OF YOUR MOUTH?
Anthony Czuchnicki, from the office of disciplinary counsel, did not make a specific recommendation for discipline but said Parks Miller had “failed in her obligation,” by showing a lack of sound judgment in communicating with judges.
“She has publicly harmed the reputation of the judicial system,” he said, and asked that a message be sent that such conduct “was inappropriate and will not be tolerated.”
IT AIN’T OVER TILL THE FAT LADY SINGS…… THIS IS ONLY THE BEGINNING…. OTHER PENDING ISSUES
These following issues came to light only after Cantorna took office and transparency began:
- Due to prosecutorial misconduct, 826 charges were dropped against a child predator living in Ferguson Township by parks and elementary schools:A State College man had 836 felony counts of possessing child pornography dismissed Thursday because of misconduct by former District Attorney Stacy Parks Miller. “The current DA’s office has no choice,” said Roy Lisko, defense attorney for Adam Zydney. “I am in an impossible position here,” deputy District Attorney Sean McGraw said. “We have evidence of a very serious crime. That evidence, in my estimation as an experienced litigator, would be more than adequate. That evidence has been suppressed because of misconduct by a prior district attorney.” CITATION
- Parks Miller violated federal and state laws by misspending monies in the Drug Forfieture account on her personal attorney Bruce Castor: Bruce Castor did get paid before Stacy Parks Miller left the Centre County District Attorney’s Office. According to copies of checks confirmed by the county, the former Montgomery County DA — who represented Parks Miller and served as her special assistant DA in Centre County at the same time he was Pennsylvania’s attorney general — received two checks signed Dec. 29. One was for $1,122. 81 from the “County of Centre District Attorney Law Enforcement Account.” The other, for $23,891.98, was from the “County of Centre District Attorney Drug Forfeiture Account.” CITATION
Neither of these issues were addressed by the prosecutor at today’s disciplinary hearing, because they had just come to light. Czuchnicki’s office will need further time to investigate, likely months. But he has (off the records) said that these issues are not going away. What we can look forward to as the People of Centre County who threw this law breaking lunatic out of office, is an extended, likely years long investigation into prosecutorial misconduct.
A contact from Centre County government refused to offer comment, but he/she said that the Centre County District Attorney’s office found the previous conduct of Parks Miller irrelevant to what they were trying to achieve and to the responsibilities they would face. The contact further said that there would be no comment, and that all cases would be referred up to the the criminal unit at the the Office of the Attorney General, and to the Disciplinary Board as appropriate. This isn’t a smear campaign, it’s a matter of the new administration focusing on the task at hand, and ignoring the histrionics and outbursts of a woman who – when this is all said and done – likely won’t have a license.
But these issues I referred to that just came to light? They were not addressed today. So this process could take years, and the final outcome? If I can predict it? Parks Miller might get a slap on the wrist for this last hearing, but there are some pretty damning things in the pipeline. So she might want to think about a second career. Perhaps as Simon Campbell suggested, Pet Smart might be hiring. She can stock some dog food doing inventory in the aisles. My opinion? Put her somewhere where she is incapable of harming anyone further.
Full disbarment is the only appropriate consequence.