Federal court Former judge wanted courts to depart from government’s recommended sentence for guilty plea
Toole is refused lighter sentence
By Jerry Lynott jlynott@timesleader.com
SCRANTON – A federal judge Friday rejected a request to depart from the government’s recommended sentence of 27 to 33 months in prison for former Luzerne County Judge Michael Toole.
Former Luzerne County Judge Michael Toole exits federal court in Scranton. Prosecutors say he threateningly followed lawyer Harry Cardoni, whose testimony was important in the case against him.
Niko J. Kallianiotis/For The Times Leader
Among the issues raised was whether Toole received more than one gratuity when he was offered the use of a beach house by attorney Harry Cardoni of Kingston.
U.S. District Judge Richard P. Conaboy issued a 14-page memorandum that explained his reasons for approving the guideline range prepared for Toole by the federal probation office.
Toole, 51, of Wilkes-Barre will be sentenced April 8 for his guilty plea made last November to filing a false tax return and corrupt receipt of a reward for official action, namely accepting the use of a New Jersey beach house owned by an attorney whom he helped win an uninsured motorist arbitration.
In rejecting defense attorneys’ arguments for leniency Conaboy noted Toole’s former elected position set him apart from other defendants.
“Of particular importance in this case is the fact that the defendant was a public servant … who violated the public trust in a manner that is extremely significant,” wrote Conaboy.
Still he said he will allow further comment from attorneys in the case at the sentencing hearing in U.S. District Court, Scranton.
Conaboy had already heard arguments March 25 on the sentencing and prior to that reviewed documents supporting each side’s position on what punishment Toole should receive for his role in the corruption uncovered in the county court and government, local school districts and municipal governments.
Among the issues raised was whether Toole received more than one gratuity when he was offered the use of a beach house by attorney Harry Cardoni of Kingston.
Conaboy dismissed the defense argument “the distinct uses of the beach house were separate installments of a single gratuity.” Instead, he determined the offers were made for separate vacations in 2006 and 2008 and as a result, the sentence should be increased to reflect multiple gratuities.
The value of the gratuities further increased the sentence, Conaboy determined. He sided with federal prosecutors who calculated the week-long rentals at $6,500 in 2006 and $7,500 in 2008.
Defense attorneys argued the house was offered for use when Cardoni was not renting it to others and therefore the cost was lower. In addition, Toole used the house for no more than two days at a time instead of the full week, they argued.
“The house was offered for a week at a time, the realtor’s documents show it was set aside for a week at a time, defendant accepted the use of the house on a weekly basis, and there is no indication that the use was in any way limited by the owner,” wrote Conaboy.
Toole’s attorneys pointed to his ongoing recovery for alcohol and gambling addictions in their request that Conaboy depart from the sentencing guidelines and impose a lesser sentence.
“While we commend (Toole) for his progress and efforts at rehabilitation and rebuilding family relationships, we conclude (he) is not entitled to a downward departure based on extraordinary rehabilitation,” Conaboy wrote.
Still to be decided is a request by Local TV LLC and WNEP, on behalf of WNEP-TV, for the release of letters received by Conaboy on Toole’s sentencing.
Conaboy said he “would like to hear” the views of the attorneys in the case and the television station on the WNEP’s entitlement to the letters. He set deadlines of 4 p.m. on April 5 for briefs to be filed on the request.
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