news in brief

Harrisburg – A state appellate court has upheld a 2- to 4-year prison sentence for a former state lawmaker who pleaded guilty to leaving the scene of a fatal hit-and-run accident and trying to cover it up.

In a unanimous decision in Commonwealth v. Druce, PICS Case No. 02-0334 (Pa. Super. March 15, 2002) Beck, J. (35 pages), a three-judge Superior Court panel also rejected arguments that former state Rep. Thomas W. Druce was treated unfairly when he was sentenced in October 2000 by Dauphin County President Judge Joseph H. Kleinfelter.

District Attorney Edward M. Marsico Jr. told a news conference at the Dauphin County Courthouse that the ruling “represents another step forward in the long journey toward justice” for the family of Kenneth Cains, the Harrisburg man who was killed in the accident nearly three years ago.

“As we’ve said all along, everything in this case was done properly,” Marsico said.

Druce, who was released on $600,000 bail in December 2000 after serving only two months of his sentence, could remain free on bail at his Bucks County home if he exercises his right to appeal to the Pennsylvania Supreme Court. Druce was released from prison only after the Supreme Court ordered that bail be set while he appeals his sentence.

One of Druce’s attorneys, Matthew Gover of Harrisburg, said an appeal is likely and that a decision would be made this week. The appeal would likely focus on the arguments that Kleinfelter should have disqualified himself from Druce’s sentencing, Gover said.

Once regarded as a rising star in the Republican Party, Druce was serving his fourth term in the House of Representatives when prosecutors said his vehicle struck Cains on a dark street near the Capitol on July 27, 1999 and that he then drove away from the scene.

Druce had the damage to his leased sport-utility truck repaired, traded the vehicle in, and lied to his insurance company about the accident. Police did not question him about the accident until January 2000, after they received an anonymous tip.

Druce did not immediately return a telephone message to the Associated Press.

In their appeal, Druce’s attorneys said Kleinfelter should have disqualified himself from the sentencing, arguing that he violated judicial conduct rules and revealed a personal bias against their client when he discussed the case with The Associated Press after Druce entered his guilty pleas in September 2000.

In the interview with the AP, the judge expressed puzzlement over Druce’s insistence that he thought he hit a traffic sign on the night Cains was killed. Kleinfelter said Druce’s claim was inconsistent with his guilty pleas to leaving the scene of a fatal accident, tampering with evidence and insurance fraud.

The appellate panel, comprising Judge Correale F. Stevens and Senior Judges James R. Cavanaugh and Phyllis W. Beck, found no reason for Kleinfelter to recuse himself.

“We leave to the proper forum the question of whether the trial court’s remarks in the AP article were appropriate under the Code of Judicial Conduct and what, if any, ramifications should follow,” Beck said in writing the 35-page opinion.

“We decide only whether those comments were sufficient under the law to prompt recusal in this case. We find … that they were not.”

The panel also rejected arguments by Druce’s legal team that Kleinfelter abused his discretion in setting the sentence, which was harsher than either side expected.

Druce has been working as a consultant since his release from prison. His driving privileges have been returned following a one-year suspension, Gover said, but he remains under the supervision of probation officials and is required to wear an electronic monitoring device.

Family Discrimination Bill In State House Cmte.

Harrisburg – A state House of Representatives committee heard testimony last Wednesday on a bill that would update state antidiscrimination laws to outlaw employers from hiring based on whether a prospective employee has children or is married.

The bill, brought by Rep. Craig A. Dally, R-Northampton, would fill a hole left open by federal law.

State law protects against such discrimination in housing matters, and federal protection against sex discrimination in employment matters sometimes bleeds into issues of pregnancy.

But neither code specifically outlaws employers from obtaining information on a job seeker’s marital or parental status during interviews for the purpose of making a hiring decision.

Proponents of the bill say that employers often discriminate against single parents, thinking that the demands of raising children alone will prevent them from being productive workers.

Some people who testified, including state Treasurer Barbara Hafer, pointed out that the bill would protect both women and men who are single parents.

“After all the embarrassing, degrading, humiliating job interviews I went on, I wondered whether I was still in America,” said Kiki Peppard, of Monroe County, the main mover behind the bill and a single mother of two.

A similar bill is pending in the state Senate. According to Dally, 17 states have similar laws.

Some lawmakers expressed concerns that the law may be a double-edged sword, and create difficult situations for some employers, such as emergency agencies whose employees work in dangerous conditions or religious institutions whose beliefs may limit those who can work there.

The state’s antidiscrimination law protects against employers and landlords denying jobs or housing to people based on their race, color, religion, ancestry, age, sex, national origin, handicap or disability.

While Pennsylvania’s antidiscrimination law includes a disclaimer that allows such factors to be considered in hiring if based on ‘a bona fide occupational qualification,’ Dally agreed to review language in the law to try to ensure that employers can preserve those practices.

In Pennsylvania, the Human Relations Commission administers discrimination law and handles complaints.

It investigates, settles and rules on complaints. The complaints also can be filed in the Court of Common Pleas or brought to a federal agency, and Human Relations Commission decisions can be appealed to the state Commonwealth Court.

Pa. Death Sentence Double Jeopardy Issue Is Placed On U.S. Supreme Court Docket