BEDFORD COUNTY: Part II – Daniel Goldhaber, Former Pervert DA Bill Higgins, & Adams County SCUMBAG Judge Michael George

 

And catch up on this legal soap opera involving former District Attorney Pervert Bill Higgins, and the sitting dirtbag Judge Michael George of Adams County

BEDFORD COUNTY’S “STANDARD OF JUSTICE” FOR FIRST TIME DUI OFFENDERS, LIKE FORMER COUNTY PUBLIC DEFENDER & PRIVATE DEFENSE LAWYER DANIEL HOWSARE

In Bedford County two things came standard to DUI offenders in the early 2000s:

  1. It was standard for people with DUI offenses to participate in work release programs;
  2. It was standard for people with DUI offenses to be released after serving the minimum sentence.

Goldhaber had been denied both, despite no aggravating or extenuating circumstances that would cause this “extraneously harsh” punishment.

RECAP OF PART I:

  • Public Defender Goldhalber & ADA Higgins used to be good friends – drinking buddies, despite being on opposite sides of the law
  • Higgins got elected to DA and started engaging in excessive instances prosecutorial misconduct, including ex parte communications in some of Goldhaber’s cases
  • Goldhaber fought back and busted Higgins for Perjury on at least two ocasions in Judge Howsare’s Court, he also lodged daming allegations of ex parte communications
  • DA Higgins had the police tail his former friend, now arch enemy in attempt to arrest him for Friday night Happy Hour where the former friends used to hang.
  • Unsurprisingly, cops arrested Public Defender Goldhalber for DUI out of the same watering hole where he and Higgins used to “hang” when they were friends
  • District Attorney Higgins was prohibited from prosecuting the DUI case against his former friend for obvious conflict of interest, though he tried to.
  • Higgins, undeterred by his forced recusal still wanted to “screw” his old friend. Hepetitioned Judge Howsare to testify for the prosecution, but his petition was denied due to conflict of interest.
  • Judge Howsare recused himself due to obvious conflict of interest from prosecuting Goldhaber’s pending DUI case, and Ordered an out of county Judge preside over the case.
  • Judge Hess from Cambria County was brought in as an out of county judge to preside over the DUI hearings, because he was supposed to be neutral, but Howsare found him a little too neutrual.
  • For inexplicable reasons, Judge Howsare filed an order terminating the services of Judge Hess, and a new out of County Judge was appointed: Judge George from Cumberland County, another dirtbag.
  • No reasonably plea offer was ever offered to Public Defender Goldhaber, so he and his attorney decided to take the case to jury trial. The trial was wrought with judicial misconduct.
  • Judge George (likely in the pocket of Judge Howsare) issued an insanely lengthy 90 day sentence, which was clearly retaliatory in the making, but this was hardly the end of the retaliation.
  • Goldhaber’s lawyer, shocked at the excessive sentence, filed “Bail pending appeal,” and the motion was granted, but Goldhaber’s lawyer purportedly missed the deadline to file the appeal, although the truth to this statement is also muddled.
  • Because the appeal was never filed, Judge George issued a warrant for arrest that ordered Goldhaber to turn himself into County Jail on April 9. He served this Order on Goldhaber, who intended to be absolutely compliant.
  • Higgins discovered the order remanding his old friend Goldhaber to jail on April 8, and was delighted with the news, so delighted that he decided to take actions into his own hands.
  • Higgins obtained a copy of the Order remanding Goldhaber to jail, and attempted to file the Order a day early, couriering it himself down to the local prothonotary and cashing in a favor to have it placed on the docket one day earlier than it was supposed to be.
  • SOOOO excited to see Goldhaber in jail, Higgins also telephoned the press so they could photography Goldhaber doing the perp walk in handcuffs, and make sure it was front page news.
  • With the press buzzing and cameras flashing, Public Defender Goldhaber turned himself in on April 9th to the Bedford County jail in compliance with the order.
  • Instead of serving the sentence in Bedford County jail, Higgins colluded with the local warden and had him transferred to a federal maximum-security unit, where Goldhaber was held in solitary confinement.
  • Goldhaber would then be transferred to four different prisons, denied customary work release for a first time DUI offender, serve 15 days longer than his maximum sentence, be denied access to his own defense attorney and undergo HELL.

For more details, please review Part I BEDFORD COUNTY: Part I of Several, Now that Pervert DA Higgins is Out of Office, BEWARE – A WARNING TO YOU: Watch out!! JUDGE DANIEL HOWSARE!!!! CORRUPTION AT WORK!

AND HERE IS WE PICK UP THE STORY AFTER THAT CRAZY INCARCERATION FOR 105 DAYS BY A DEFENSE ATTORNEY IN FOUR DIFFERENT PENNSYLVANIA PRISONS, ALL OVER A FIRST TIME DUI

Most DUI defendants get bailed out same night or next morning. They get a blood test in the hospital to confirm a breathalyzer and a mug shot if they act up. Goldhaber at first seemed to be a typical DUI offender, released the following morning and scheduled for arraignment. But none of the Judges in the County could preside over the case.

Two out of county Judges were entered in. The first was inexplicably recused by ORDER of Judge Howsare, who likely did not like the outcome of the first arraignment; and whome likely considered the first Judge to “soft” for the malicious outcome Judge Howsare was seeking.

Part time Public Defender and private defense lawyer Daniel Goldhaber had made some damning allegations of ex parte communications between Howsare and D.A. Higgins, and adding to his troubles, Goldhaber had caught both Judge and Prosecutor in instances of perjury that were on the record. Additionally Goldhaber, former friend of Higgings, knew some deep dark dirty secrets about Higgins, which entailed womanizing and ripping off old people.

Both Judge and Prosecutor were out for blood, and to shut Daniel Goldhaber up.

Judge George, who (as mentioned, had presided over the trial. The DUI case was taken to trial because, unlike most DUI cases, there was never any reasonable plea deal offered. The plea deal was essentially off the table. This wasn’t a typical DUI case, Goldhaber had insulted the president Judge while defending a client in another case, and he had caught and pointed out the reckless perjury of the sitting District Attorney Bill Higgins.

There would be no plea bargain. Through a trial fraught with prosecutorial and judicial misconduct, Goldhaber was – of course – found guilty. Judge George gave him the customary courtesy (as he was obliged to by law for a non-violent offender) of jail pending appeal.

APRIL 9, 2005  – UNDER UNUSUAL GLITZ AND GLAM AND A HOT MEDIA SPOTLIGHT, GOLDHABER TURNS HIM IN AND FINDS HIMSELF IN A MAX SECURITY CELL, AND -VERY UNUSUALLY – NOT WITHIN THE BEDFORD COUNTY JAIL SYSTEM

Goldhaber’s attorney claims the requisite appeal of Goldhaber’s guilty verdict was filed in a timely manner. The Bedford County prothonotary claims they never received it, which by perfunctory routine “bail pending appeal” was nullified, and bail was revoked. The day after “missing” or “blowing” the deadline to file an appeal, Judge George revoked bail and issued an arrest to have Goldhaber turn himself in and serve his 90-day sentence on April 9.

But unlike most typical DUI offenders, the day that Goldhaber turned himself in was full of camera’s, media glitz and a smug looking Judge George and D.A. Bill Higgins standing in a line of press cameras, probably high fiving and grinning smugly. A DUI was hardly a big story, but District Attorney Bill Higgins had made sure it was one. After all, Goldhaber had caught Higgins in perjury, as well as other instances of prosecutorial misconduct and “embarrassed” him, threatening to turn him into the disciplinary board. Higgins wanted to make sure all the press was there, ensuring Goldhaber’s maximum embarrassment and the potential absolute ruin of his reputation as a lawyer in private practice.

Also unlike most typical DUI offenders, Goldhaber was not sent to the Bedford County Jail to serve out his sentence, a sentence where presumably he would be granted work release and allowed to continue to practice law. Instead, to add extra retaliation, Higgins (in collusion with Judges Howsare and George) had a far more nefarious plot in their minds to ensure the maximum suffering for a man who had “embararassed” them.

  • The same day that Goldhaber turned himself in, and was transferred to solitary confinement in a maximum-security unit of a federal penitentiary, Goldhaber requested an appeal. The same day that Goldhaber turned himself in his attorney filed a petition to reinstate bail and have Goldhaber released. If the judge would refuse to release Goldhaber on bail, Goldhaber’s defense attorney further requested – that at the very minimum – Goldhaber be transferred back to county prison and treated no differently than any other first time DUI offender.

Still, regardless of the unusual circumstances surrounding his incarceration for a first time DUI offense, Goldhaber presumed – like any other DUI offender he had defended – he would be entitled to work-release. Particularly with no prior record, and no aggravating or extenuating circumstances pertaining to his DUI arrest.

How wrong he was.

JUDGE HOWSARE AND D.A. HIGGINS COLLUDE WITH JUDGE GEORGE TO DENY WORK RELEASE, AND DO EVERYTHING IN THEIR POWER TO KEEP PUBLIC DEFENDER DANIEL HOWSARE FROM APPEARING AS THEIR ADVERSARY IN BEDFORD COUNTY COURT

It was the cronyism good old boy system. Judge Howsare had fired the first Judge presiding over Goldhaber’s case and imported Judge George for specific reasons. George was in Howsare’s pocket and the two were friends. Additionally, Judge George had a long reputation for making “tough on crime” and arguably corrupt rulings and would go along with Judge Howsare and D.A. Bill Higgin’s request to “screw” this defense lawyer that had caught them red handed engaging in prosecutorial and judicial misconduct, as well as ex parte and on the record perjury.

Now rotting away and shocked, Goldhaber sat in solitary confinement, a very unusual place for a first time DUI offender to be sitting. His attorney immediately filed an appeal on the same day asking that Judge George please throw out the unusual circumstances of Goldhaber’s imprisonment out of county in solitary confinement.

Taking his time to answer, Judge George answered on the very last day of the timeframe prescribed by law he was allowed to answer. He would absolutely not intervene in any decision as to where Goldhaber was to be housed, because it “wasn’t under his jurisdiction.” Goldhaber’s attorney had already approached Higgins, and the county warden with the request that Goldhaber be housed in Bedford County prison, just like any other first time DUI offender, but they had refused. They had informed Goldhaber’s attorney that housing Goldhaber in Bedford County Prison System would pose a “national security risk.”

As to the second request that Goldhaber be moved from maximum security solitary confinement in a federal penitentiary to minimum security: Judge George also denied this request, explaining in his opinion that the Court of Common Pleas lacked the authority to direct a warden of a county prison to house Goldhaber at a specific facility, and that Clark’s correspondence to the Court of Common Pleas regarding the reasons for Goldhaber’s confinement elsewhere reflected “rational security concerns.

But the problem was not just the deplorable and excessive conditions of Goldhaber’s confinement facility, it was also the location of the facility. Due to the proximity of the maximum-security prison, work release was IMPOSSIBLE. It was too far away from Goldhaber’s law practice for work release to be at all feasible. This was likely a fact known by both Judge Howsare, and D.A. Higgins, which was why the facility was chosen. It was a deliberate effort to keep Goldhaber from practicing for 90 days.

Judge George denied any special provisions for work release, also stating he “lacked jurisdiction,” and that Goldhaber’s attorney’s request for work release was granted subject to “the rules and regulations of the facility in which he [was] incarcerated.”  The facility where Goldhaber was held was nearly an hour away from his law office, a fact that the facility claimed was “too burdensome” to offer any jail transportation for Goldhaber to be granted work release. The trip was an overly burdensome expense to the jail. The jail would not grant work release for this reason.

GOLDHABER WINS HIS APPEAL ON THE TRANSFER BACK TO BEDFORD COUNTY JAIL, BUT “RED TAPE” AND CONSPIRACY BY JUDGE HOWSARE AND D.A. HIGGINS STILL PROHIBIT THE ALLOWANCE OF WORK RELEASE

The Superior Court Appeal was successful, and Goldhaber’s request that he be moved to the Bedford County Jail was granted. But before he could be transferred, the Bedford County Warden, Clark, re-surfaced with concerns that Goldhaber’s presence in Bedford County would propose a major security risk. To protect the county from any liability, and to appease the Order of Superior Court, Goldhaber was forced to sign a “Waiver” before Judge George would allow the transfer back to Bedford County occur.

Bedford County Warden Clark had far more jurisdiction over how, where and under what circumstances prisoners at the Bedford County jail were housed than any sitting Judge. D.A. Higgins sat on the prison board with Clark, and the two were clearly friends. Higgins, learning of the Superior Court Order, and transfer, approached Clark and implored him to find any reason to deny Goldhaber work release. Clark, of course, was happy to do his friend the District Attorney a favor. It was a system of cronyism, indeed.

Clark announced his prison staff had determined Goldhaber, a first time DUI offender, was a threat to society, and announced that if he were to be transferred to the Bedford County jail, he was concerned that the County would find him eligible for work release. Clark believed this offender, should not, under any circumstance be able to participate in work release. Higgins announced the Warden’s findings to the press. He was quite pleased that the good old boy system was working in Bedford County, and that Goldhaber would not be granted work release, and would be barred from the Bedford County Courtroom floor as his adversary for at least a couple more months.

While the Superior Court Order had specified that Goldhaber be transferred out of a maximum-security federal penitentiary, and back into a county jail (where most first time DUI offenders were held), it had not expressly identified Bedford County jail as the County jail, leaving the door open for other County jails.

So on the day that Goldhaber was expecting his transfer from the maximum-security housing in the federal penitentury, he climbed shackled into a van only to find that the prison van was heading in a completely opposite direction. Yes, it was going to a county facility, but no it was not going to Bedford. Instead, the van was heading to Clinton County, to a county facility – yes – but one that was 125 miles away from his law practice:

  • Any reasonable possibility of Goldhaber participating in the work release program was eliminated by his incarceration at the Clinton County Correctional Facility, which is located 125 miles away from his law office. Higgins and Clark were both members of the Bedford County Prison Board. The Board was fully aware of Clark’s actions. Goldhaber alleges that the Board intentionally deprived him of his federal and state constitutional rights by permitting him to be housed in Adams County, at Bedford County’s expense, and by deviating from a customary policy of allowing individuals in Goldhaber’s position to be released to probation after completing the minimum sentence.

Now Goldhaber was further away from his law practice, and still unable to participate in work release. He was still being housed in solitary confinement, and so his transfer out a federal penitentiary to a county jail facility had done little to help. As a sole practitioner, he was growing concerned about his cases, concerned about his reputation, concerned about malpractice, and with this legal fight for his freedom – he was also growing increasingly concerned about money, a fact that will be important in Part III of this series.

Goldhaber’s lawyer began contacting county facilities that were in closer vicinity to Bedford County,and which would have likely permitted him access to a Warden that would have approved work release. At last she came up with a Warden in Cambria County, who agreed to grand Goldhaber work release and whose facility was in close enough proximity to Goldhaber’s law practice where work-release would be a viable option for a prisoner transport van to drop him off and pick him up each day.

Of course, Warden Clark, who ran the Bedford County jail had ultimate jurisdiction as to where Goldhaber could be housed, and had to be notified by Cambria County, and sign-off/approve Goldhaber’s transfer to Cambria County’s jail. Since Clark had sited security concerns, Cambria County’s warden was likely unaware of the politics behind the move and Judge Howsare’s and DA Higgins real motivations for keeping Goldhabber far, far, away in Clinton County jail.

Warden Clark refused to sign off on the transfer slip that would allow Goldhaber to be moved from Clinton County to Cambria County, where he would be permitted work release and to practice law. As he needed a reason, he cited that Bedford County had a prison exchange deal with Clinton County, and that housing Goldhaber in Cambria County would be an added expense that tax payers in the county should not have to pay.

Goldhaber’s attorney responded a few days later. She came up with an offer, stating that if Bedford County did not want to foot the cost of housing Goldhaber in Cambria County, then Goldhaber would personally foot the bill. Goldhaber was concerned about his clients, his law practice, and his concern was so great that he was willing to foot the costs of his own incarceration. Finally Goldhaber ended up striking “a deal” by agreeing to pay for the associated costs of housing him in Cambria County up front, and so in September of 2005 at last Goldhaber was transferred from Clinton County jail to Cambria County jail at his own expense.

  • District Attorney Higgins and Clark expressly agreed to this transfer, and he accepted money from Goldhaber’s wife to finance it. Goldhaber did not try to hide his reasons from any of the Defendants for wanting to be moved. On or around September 9, 2005, Goldhaber had obtained an order from Judge Gerard Long, the President Judge of the Court of Common Pleas of Cambria County, permitting him to participate in Cambria County’s work release program and to serve his sentence under house arrest.

SEPTEMBER 9, 2005 – ORDER FOR WORK RELEASE

DEFENSE ATTORNEY DANIEL GOLDHABER IS TRANSFERRED TO A THIRD FACILITY, CAMBRIA COUNTY JAIL, AT HIS OWN EXPENSE AND HE IS GRANTED WORK RELEASE

Finally, it seemed as if things were turning around for the exhausted and wary Defense Attorney, after his transfer into Cambria County. Though he had to pay for the move, Cambria County appeared – at first – to more removed from the dirty politics of Bedford County.

Goldhaber’s lawyer filed a petition to the Cambria County Court of Common Pleas requesting work release. The warden had already approved Goldhaber’s fitness for work release, and on September 9, 2005, a sympathetic Judge, President Judge Gerard Long, approved his work release.

Goldhaber was eager to get back to his law practice, and eager to help his clients who had been sitting in limbo all the time he was incarcerated. It seemed as if things were finally looking up for him.

A FOURTH AND SUDDEN INEXPLICABLE TRANSFER TO BEDFORD COUNTY JAIL

After Cambria County Judge Long issued the Order granting work release, Goldhaber and his family had a sense of release, but that release was short lived.

Without any hearing, motion, docketed court order, or notification whatsoever, before Goldhaber could even begin his work release and return to his law practice, he was abruptly moved to the Bedford County Jail. District Attorney Higgins, Judges George and Howsare had caught wind of Judge Long’s order.

There was likely some finagling and political maneuvering behind the scenes. And despite their repeated claims that Goldhaber would pose a security risk if he were ever to serve a day of his sentence in Bedford, in a sort of middle of the night secretive move, Goldhaber found himself in the Bedford County jail within the claws of Warden Clark, Judge Higgins, Judge George, and all the other Bedford Court of Common Pleas Judges: None of them who would be willing to grant work release. Warden Clark would never sign off on any form approving Goldhaber’s fitness, and no Judge in Bedford County (even the ones who were sympathetic to Goldhaber’s plight) wanted to step in the middle of that legal soap opera, turned knife-fight, that was between Judge Howsare, D.A. Higgins and Public Defender and Private Defense lawyer Daniel Goldhaber.

GOLDHABER & HIS ATTORNEY MAKE DIRECT PLEAS TO BEDFORD COUNTY JAIL WARDEN OFFICER CLARK AND DISTRICT ATTORNEY BILL HIGGINS

Beaten down, and surely discouraged by now, Goldhaber was left with no alternative but to submit personal appeals to his former friend, turned arch nemesis, District Attorney Bill Higgins and the Warden Clark. Both men stood in the way of Goldhaber returning to practice law for the remainder of his sentence through work release.

District Attorney Bill Higgins was non responsive to the implorations of Goldhaber, but Warden Clark did produce a written response to Goldhaber’s attorney. The response basically said that Clark had agreed the transfer of Goldhaber to several facilities, he never approved that Goldhaber should be granted or approved for any work release. And essentially, since Goldhaber had been charged and convicted in the jurisdiction of Bedford County, it followed that the Bedford County Warden – Officer Clark – had jurisdiction to transfer Goldhaber as he pleased, and that Clark had never agreed that Goldhaber should ever be approved for any work release.

Essentially Officer Clark was able to circumvent the Order of Judge Long in Cambria County permitting Goldhaber work release by transferring him back into the jurisdiction of Bedford County, where Cambria County Judge Long’s order meant zilch.

BETWEEN A ROCK AND A HARD PLACE, BEDFORD COUNTY JAIL & FOR A SHORT WHILE

Goldhaber was housed in solitary confinement under the most inhumane conditions possible at Bedford County jail for the remainder of his sentence. Higgins and Clark were sure that he suffered. Higgins made sure that all of these transfers and motions were kept in the forefront of the local press to ensure that his enemy, Goldhaber’s reputation, was irrevocably ruined.

Goldhaber, ever worried about his clients and law practice as a sole practitioner, was likely not as concerned about his deplorable housing conditions, but more about his cases. His funds were dwindling. Where a DUI cost $2,500-$5,000 dollars in those days, this DUI had cost him now well into the six digits.

He seemed resigned to serve the rest of his sentence, which by that time was almost over, and made very little noise. Surely he must have been angry at the justice he recieved for a DUI, particularly as a defense lawyer, who knew the law and knew what he had undergone was above and beyond what anyone could expect for a first time DUI offender.

Surely he seethed and plotted a civil suit, surely he was angry and planned on getting out and going straight to the disciplinary board for those infractions on the criminal process he had previously experienced representing other clients in front of Higgins and Howsare. Surely he was worried about money, and his family, and his law practice clients, and surely all of them were worried about him. Surely he was plotting to disclose to the public some of the deep and dark and dirty secrets he had learned about his former friend DA Higgins, such as the womanizing and the ripping off old people. Surely he slept poorly, and was plotting his revenge, and worried about his reputation.

Surely he was angry and confused about his transfer from Cambria County which would have mitigated so much of the damage to his law practice. This was likely the dirtiest, most corrupt and despicable move Higgins, Clark and Howsare had conspired together to maked. After all, had Goldhaber remained in Cambria County jail, the Cambria County warden would have permitted work release, but now that Goldhaber was securely in the claws of Bedford County Warden Clark, and DA Higgins, there would be no access to work release and Goldhaber would be forbidden from practicing law and remain sitting in solitary confinement.

GOLDHABER’S LAWYER REACHES OUT TO THE MEDIA, AND DISTRICT ATTORNEY BILL HIGGINS ISSUES A RESPONSE THAT GETS GOLDHABER TRANSFERRED YET AGAIN

By this time, the treatment and multiple transfers of Defense Attorney Daniel Goldhaber were beginning to capture the interest of the media. Higgins had made sure each transfer, and each movement in the case, took center stage in the media. He was determined to ruin his ex-friend Goldhaber’s reputation as a private lawyer in Bedford County forever. Higgins must have loved seeing the shackled image of Goldhaber splashed across the press with every twist and turn.

Now with Goldhaber’s sentence dwindling to a close, Goldhaber’s wife and attorney reached out to the local media to clarify some of the stories. They came forward with the backhanded, subterfuge, corruption and conspiring. They were ready to talk about the sordid corruption in this case, and respond to the outrageous commentary by District Attorney Higgins in the press.

District Attorney Higgins, who had been conflicted out, was ethically and legally prohibited from involving himself in the case, but clearly he had no concern about the rules of ethics when revenge was on the table. His sordid involvement in the case was leaked out slowly. Rumors in the small town of Bedford began to swirl about Higgins, and his crooked manipulation on of the justice system that were all in effort to seek revenge against a once beloved public defender and private defense attorney.

Instead of remaining quiet, Higgins responded nearly immediately. He blamed the entire operation on Judge George. Higgins allegedly gave statements to the media indicating that he had been in contact with Judge George, and that Judge George was responsible for moving Goldhaber from prison to prison. But there it was again. Goldhaber had done Higgins in, even from behind bars, Higgins was finding that this lawyer was a threat to him, and would continue to be a threat.

D.A. Higgins and Judge Howsare must have went crying back to Cumberland County Judge George, who was the presiding Judge over Goldhaber’s case. I imagine they expressed their disgust over the bad news coverage and demanded yet another transfer, another last move of retaliation. Higgins and Clark were made to look like fools in the media, which pointed out that the reason Goldhaber was never housed in Bedford County, was because he was a “security threat.” But then there he was housed in Bedford County, and Higgins and Clark looked like giant hypocrits due to their former statements to the press.

Worse, the media was now questioning – under what legal grounds – was Goldhaber continuously being denied work release on a first time DUI offense.

A sympathetic Judge George, who was friend of Judge Howsare, made the call to transfer Goldhaber one last time. Judge George, also wanted to get the situation under control with the media. Annoyed his name was being dragged into the corruption by Higgins and Clark, thought the perfect place for Goldhaber to serve the remainder of his sentence was in another jail – a facility that would garuntee Goldhaber not only suffered, but was kept quiet.

  • Higgins and Clark allegedly gave statements to the media about how Judge George had been complicit in their efforts to move Goldhaber from prison to prison. They described how Judge George had directed the form and substance of Goldhaber’s sentence.

THE FINAL TRANSFER, JUDGE HOWSARE’S AND D.A. HIGGIN’S FINAL ACT OF RETALIATION USING THE CRIMINAL PROCESS

Shortly after the media “storm” and questions from the local press, Goldhaber was transferred one last time to Adams County Adult Correctional facility.

This was a facility far away from Bedford County, and a facility Judge George could garuntee Goldhaber would be treated with equal inhumanity, kept in solitary confinement, and most importantly have almost no access to the press. Furthermore, it would confirm, or reaffirm, Higgins and Clark’s original statements to the media about Goldhaber posing a security risk in Bedford County jail system.

So, yet again, without any hearings, or motions, or orders or anything posted on the docket (as customary for transfers), Goldhaber was transferred again.

Judge George must have assured Clark and Higgins that Goldhaber would be equally miserable in the Adams County Prison system, because Judge George had friends on the prison board their. Prior to being elected as Judge, you see, George had served himself on the Adams County prison board, and the warden was an old friend.

He promised there would be no option of work release, the remainder of Goldhaber’s prison sentence would be a living hell, and that there would be no more embarassing instances of Goldhaber’s lawyer lashing out in the press or revealing the crooked standard of justice for Goldhaber in Bedford County criminal courts.

In addition, this would eliminate another problem. Goldhaber had a pending motion in the Cambria County Court of Common Pleas in front of Judge Long, who was sympathetic and at one time granted work release. This motion would be further complicated, and likely moot with another transfer of Goldhaber to yet another county, with yet another warden who would refuse work release, and yet another panel of Cambria County Judges (who all were colleagues with George), to ever approve work release.

  • Goldhaber alleges that this was done in retaliation for his motion before the Court of Common Pleas of Cambria County. Although he had a conflict of interest, Higgins participated in the decision to move Goldhaber.

D.A. Higgins ultimate fantasy of revenge tormenting his former friend Defense Attorney Goldhaber had unfolded just the way he wanted it. He had destroyed his nemesis, once friend, reputation-ally, financially, publicly and likely emotionally. Goldhaber’s practice was in shambles, and going bankrupt. Goldhaber had lost his position, one he loved, as a Bedford County public defender.

Judge Howsare and D.A. Higgins were well connected to say the very least. As I mentioned before, the explosive allegations of ex parte that were previously made by Goldhaber in court defending one of his criminal clients all had come to be proven true in Goldhaber’s own criminal matter. While Goldhaber was attempting to expose corruption in the defense of his clients, never (I bet) had he imagined he would end up exposing it in his own trevails through the Bedford County criminal courts.

  • All of the communications between Judge George, Higgins, Clark, Bowser and the Bedford County Prison Board concerning Goldhaber were conducted on an ex parte basis and in the absence of hearings or orders.

WHY DEFENSE ATTORNEY DANIEL GOLDHABER SPENT FIFTEEN EXTRA DAYS BEYOND HIS MAXIMUM SENTENCE IN JAIL

With the Appeal of the Work Release Motion filed in front of Judge Long in Cambria County, the dirty and filthy corrupt activities of Howsare and Higgins had come to the attention of Judge Long. And Judge Long, a former defense attorney himself, was less than amused by Howsare and Higgins or the treatment of Daniel Goldhaber. Though there was little he could do with Goldhaber’s transfer from Adams County into Bedford County he was annoyed, and his interests were peaked.

Whatever communication ensued between Judge Long and Judge George and/or Cambria County must have pissed some important people off. On the day Goldhaber was to be released after serving the 90 day maximum of his DUI sentence, no release came. In fact, Goldhaber was actually incarcerated for an additional 15 DAYS beyond what he was sentenced to, despite no prison records of bad behavior and no documented cause for this additional time of incarceration.

  • Goldhaber alleges that Bowser told his wife that it was questionable whether Judge George would let him out of jail at the end of the minimum sentence of 90 days because of the “trick” that he had pulled in Cambria County. 

Trick referring to the Appeal Motion regarding work release. The Warden at Adam’s County Bowser refused to honor the 90 day max sentence served or the “debt” Goldhaber had paid to society. Again, Goldhaber’s attorney took to the news. It had been fifteen days since Goldhaber should have been released. The Adams County Warden promptly responded, firing back in the press that there had been some confusion with the paperwork.

Goldhaber was finally, promptly, released.

Goldhaber came out talking. He infomed not once had any “disciplinary write-ups” while in any facility, yet had suffered four transfers. He spent almost all of his time in each facility (except Cambria) in solitary confinement. Adams County had treated him the worst. Not only had he been in solitary confinement, he was denied excercise, allowed out of his cell for only one shower a day and one 15-minute phone call. He was denied rec time, and most alarmingly of all, he was denied access to his defense attorney, a allegation substantiated by prison records.

  • During his incarceration in Adams County, Goldhaber submitted multiple inmate request slips seeking redress for improper actions by Adams County Adult Correctional Complex personnel. After requesting an inmate grievance form, he was told that grievances had to be dealt with informally. His complaints were not addressed. On one occasion, a birthday card from Goldhaber’s 3–year–old daughter was confiscated on the ground that it was a security threat.

HIGGIN’S RETALIATES FURTHER, ATTEMPTING TO EVADE A CIVIL RIGHTS LAWSUIT & HAVE DANIEL GOLDHABER RE-ARRESTED FOR REQUESTING COURT TRANSCRIPTS

When at last Goldhaber was released, he hired a new attorney. His wife, a former Bedford County stenographer, began the process of obtaining the court transcripts that had propagated the hellish ordeal Goldhaber had underwent. Of course these transcripts were wrought with evidence of judicial and prosecutorial misconduct, and the last thing that either Judge George or D.A. Higgins wanted was for the public (or the state disciplinary board) to have a look at these transcripts. So as a result of Goldhaber’s request for his own transcripts, Judge George sent a threatening letter to Goldhaber’s wife, essentially denying Goldhaber’s request for his own records.

But Goldhaber was undeterred and knew (as an Attorney), he was entitled to these records. He filed a motion, which was met with even more retaliation. In May of 2006, slightly after Goldhaber had requested transcripts pertaining to his DUI hearings, the Pennsylvania State Police opened up an investigation for the purpose of finding Goldhaber in violations of the terms of his probation. It was a calculated move with the specific design as to send Goldhaber back to prison, and keep him quiet about the judicial and prosecutorial misconduct occurring in Bedford County.

Later, Bedford County paperwork from the probation and parole board would reveal that it as Higgins who initiated the investigation into Goldhaber’s parole violations. It was an obvious attempt to have him thrown back in jail.

The PSP officer leading the investigation, Officer Benton, could find no evidence of any parole violation. Higgins and Judge George likely instructed Officer Benton to continue the investigation and find ANYTHING POSSIBLE OR ANY REASON OF ANY KIND TO REVOKE Goldhaber’s probation status.

  • Benton allegedly told Carol Rose, an attorney, that he intends to charge Goldhaber with some kind of wrongdoing because Goldhaber refuses to speak with him. Id. Goldhaber alleges that he has never refused to talk to Benton, and that Benton knows that Goldhaber has no legal obligation to engage in such conversation in any event. Benton allegedly knows that the act of charging Goldhaber with a crime would result in the revocation of his probation, thereby facilitating his return to prison. Benton has allegedly indicated that he will file charges against Goldhaber, and that Higgins would then proceed to hold a public press conference at which the general public would be invited to share information about Goldhaber.

Despite all of this legal behind the scenes maneuvering, and retaliatory justice, there was NEVER ANY CONSEQUENCE for Judge George or former PERVERT District Attorney Billy Higgins.

The ex parte communications that Goldhaber once alleged in a case he was defending were now PROVEN in his own case involving his DUI matter. The disciplinary board never addressed these ex parte communications publicly and Judge George continues to practice, and District Attorney Bill Higgins – who recently resigned in scandal for extortion of sexual favors from criminal defendants for “deals” still maintain their licenses to practice law.

JUSTICE DENIED: DEFENSE ATTORNEY DANIEL GOLDHABER’S CIVIL LAWSUIT

While Goldhaber did file a civil suit for damages, Judge George and D.A. Higgins were cleared of any wrongdoing.

Here is a summary of what Goldhaber filed in his federal civil rights lawsuit against Bedford County:

Goldhaber contends that this pattern of activity by the Defendants violated his rights under the First, Fourth, Eighth and Fourteenth Amendments of the United States Constitution. (Id., pp. 24–28, ¶¶ 95–101). He brings this action against the Defendants under 42 U.S.C. § 1983. (Id., p. 27, ¶ 100). Although he is not specific as to what sort of theory or theories he relies upon, Goldhaber also appears to allege that the Defendants engaged in tortious conduct that is actionable under Pennsylvania law.

The court’s response?

ORDER

AND NOW, this 28th day of September, 2007, this matter coming before the Court on the Motion to Dismiss filed by Judge George (Document No. 25), the Motion to Dismiss filed by Higgins, Clark, Bowser, Wypijewski and the Board (Document No. 28), and the Motion to Dismiss filed by Hershey and Benton (Document No. 30), IT IS HEREBY ORDERED that the Motion to Dismiss filed by Hershey and Benton is GRANTED, thereby rendering the Summary Judgment Motion (Document No. 30) moot; that the Motion to Dismiss filed by Higgins, Clark, Bowser, Wypijewski and the Board is GRANTED with respect to Goldhaber’s Fourth Amendment, Eighth Amendment, procedural due process and substantive due process claims and DENIED with respect to Goldhaber’s Petition Clause and Equal Protection Clause claims, and that Judge George’s Motion to Dismiss is DENIED WITHOUT PREJUDICE, pending the filing of a more *732 definite statement by Goldhaber. The Alternative Motion to Strike filed by Higgins, Clark, Bowser, Wypijewski and the Board (Document No. 28) is DENIED as moot. Goldhaber is HEREBY ORDERED to file a more definite statement in accordance with this opinion.

Corruption runs deep in Pennsylvania. And you can get away with murder as long as you are a Judge or a Prosecutor in the Commonwealth.

All civil charges were dismissed. Judge George and District Attorney Bill Higgins were free to continue their reign of terrors, and perpetuate extensive judicial and prosecutorial misconduct – Seemingly with no consequence, neither from civil courts, nor from the disciplinary board.

Bedford County media leaves much to be desired. Here were tell-tale signs that Former PERVERT District Attorney Bill Higgins was a dirt bag from years ago.

But this tragedy is not over. While Judge Howsare has retired, Adams County Judge Michael George remains in office and is up for retention in 2021. Former County District Attorney Bill Higgins resigned this year after admitting to assaulting female criminal defendants. He is facing criminal charges and hopefully disbarrment quite soon. Defense Lawyer Daniel Goldhaber no longer practices law, which is a story for Part III

No, this travesty of justice and tale of corrupt actors far from over, Stay tuned for Part III………… As well as another story where we take a closer look at what SCUM Judge Michael George has been doing lately in Adams County

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3 Comments

  1. How does a person get a dui charge driving a kitchen table and a person testifie in court that she was picked up. Cops never saw person in car. So how I fig it living good is part of all this mess

  2. I remember every topic mentioned in the above story. I to was a target more than once under the same regime. I could share facts. On the record facts when Thomas Crawford was my attorney at the time of the story. Same cops, judge, warden, D.A. everything. Their is a few more that need added to the list Troy Nelson, the next Bedford jail warden, and his wife Diane, and the state cop that wire tapped my mother over a life jacket citation and black mailed her and dragged her thru the mud for what Mr. Good Friend of the Attorney General State Cop??? For what?? This is why the men need to stand up and come together and put these scumbag out of our county. It’s no secret who I am, all u might send me to prison but u as a man and ur cronies u all know without ur badge and your guns u won’t take me know we’re don’t ya. I have a right to defend my family and my self and will. Make no mistakes my attorney Passarrello sold me out then become Higgins attorney as well. Amazing isn’t it how birds with the same feathers fly together!!! Corporate entities can’t stand against living beings, the attorney general can’t explain how his statue law can be emposed on anyone. Wake up Bedford County, we are under attack by our local authority and they have no authority over us. We came first they came second. Amen

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