LaGrotta expected to enter plea today

February 4, 2008


(Sixth in a series)

By PAT LITOWITZ
New Castle News

Frank LaGrotta transformed from respected legislator to thieving politician within a period of seven months.

That's the essence of a state grand jury investigation.

Today, the 49-year-old Ellwood City resident along with his sister, Ann Bartolomeo, 46, and niece, Alissa Lemmon, 24, will appear in Dauphin County Court. They are expected to enter pleas at that time.

Each conflict of interest charge carries a maximum of five years in prison and a $15,000 fine. The mother and daughter, who are charged with false swearing to a grand jury, each face two years in prison and a $5,000 fine.

However, neither Bartolomeo nor Lemmon will see jail time. Under the state's sentencing guidelines, the most they can receive is a fine, restitution, probation or a combination involving all three. They also may be placed in the state's Accelerated Rehabilitative Disposition, where their records would be expunged upon completing the program.

At best, LaGrotta will be given a similar sentence. At worst, he can see upwards of nine months in prison. If LaGrotta were to be convicted on both conflict of interest charges, the judge also would decide whether to run the sentences for each charge concurrently or one after the other.

A sentencing hearing will be scheduled after the three enter their pleas.


HURDLES

If LaGrotta and his family had gone to trial, their toughest challenge would have been to produce evidence. Bartolomeo and Lemmon testified to the grand jury that they were paid to remove personal information from records. Yet no records exist.

Three independent witnesses, including New Castle News photographer Erica Mihok, stated they saw boxes and files at LaGrotta's Ellwood City office.

Sam Scialdone, a former Ellwood City resident and LaGrotta staff volunteer, said boxes piled up in the office's conference room after LaGrotta's May 2006 primary loss to Jaret Gibbons.

Kevin Bowser, his former chief of staff, removed boxes in December 2006 and placed them in the Dumpster.

Of the three, only Scialdone recalled their contents, such as state paperwork, constituent letters and files involving several major projects, such as the Sechan landfill and the Independence Pipeline.

A back-dated contract involving Bartolomeo creates another issue. She stated she originally volunteered to do the work. However, Democratic House leader Rep. H. William DeWeese approved a contract in May 2006 that established a Feb. 1, 2006, employment date.

During her grand jury testimony, Bartolomeo provided a calendar showing 451 hours of completed work. Accepting those numbers, she was short 374 hours. That represents an overpayment of approximately $10,000.


GHOSTS

State Attorney General Tom Corbett has never offered a motive for LaGrotta's actions.

The politically popular answer is that is was done out of greed -- a last chance for the former legislator to take a swipe at government coffers.

Former staffer Mary Ann Shaffer said it would be out of character for LaGrotta to pay people for nonexistent work.

"He's helped my family," she said. "He's generous to a fault. Maybe that's what got him in trouble.

"He's helped many people, and I've seen those people turn on him."

Bowser said he found it difficult to accept that LaGrotta would risk his legacy over $27,000. That represents the amount of money Bartolomeo and Lemmon received.

Despite losing the May 2006 primary to Jaret Gibbons, LaGrotta secured a job with the House Democratic Caucus when his term expired.

He was paid $48,361.42 of his $73,000 salary before the caucus leadership asked him to step down.

The issue of motivation also must be applied to Bartolomeo, an Ellwood City teacher, and Lemmon, who is just starting a career. She is the tourism and cultural heritage coordinator with the Pittsburgh Convention and Visitors Bureau.


ISSUES

The manner of the state's investigation of LaGrotta and his family raises issues.

The first involves a statement regarding the Gateway Commerce Center in Wampum, where LaGrotta said he stored campaign signs and documents. Special Agent Robert Gift quoted an employee as stating the mines were ill-suited for storing paper documents.

Departments within the Lawrence County Government Center have used the facility for approximately 25 years. The company's Web site also advertises climate-controlled storage.

Another issue relates to the investigation of Lemmon. Several colleagues in addition to a Riverside Beaver County School District guidance counselor said LaGrotta's niece regularly worked over her scheduled hours.

During a weeklong event at the Crisis Shelter of Lawrence County, Lemmon logged approximately 80 hours, according to paperwork provided to The News.

Lemmon admitted that she didn't keep track of her vacation and comp time.


THE BEGINNING

Childhood friend and former employee Terry Shaffer started the LaGrotta probe when he met with state investigators. He and Mary Ann Shaffer are not related.

Shaffer said he had been promised employment within the House Democratic Caucus. He was not hired.

In a March 7, 2007, e-mail to LaGrotta, Shaffer expressed his displeasure.

"Tell Mr. Manzo that the Attorney General will be looking at the way leadership awards its contracts to (district office) employees. And don't worry about where you'll be staying for the next couple of years. You'll be in jail."

Manzo is Michael Manzo, who is DeWeese's former chief of staff.

Shaffer also believes that LaGrotta played a role in preventing him from getting hired by Gibbons or the House Democratic Caucus.

Bowser rejected that assertion.

"If anything, he wanted him to get a job," he said. "I see no reason why he would ever prevent Terry from getting a job.

"He was trying to help him out, but how much could he really help any of us (after losing the election)?"

Bowser, who serves as Gibbons' chief of staff, once asked his boss why he didn't hire Shaffer.

"The only thing that he could tell me is that he didn't think Terry added any value."

Gibbons confirmed Bowser's statement.

"My original intent was not to bring any of Frank's staff in," he said.

During his campaign, Gibbons said residents respected the work Bowser had done in the district.

"I felt he would be a loyal employee and do his job effectively. He would be a good addition to the team.

"I didn't get the same response from the public about Terry."

PLEA

LaGrotta's father, Francis, said he wishes his son would fight the charges.

"They gotta know that he did nothing wrong," he said.

"I would sell this house. I would sell my soul to the devil to fight those people and prove that they are wrong, but what am I going to accomplish?"