Public defender facing charges

By Debbie Wachter Morris
New Castle News

Fri, May 16 2008

— The attorney who has represented accused criminals in Lawrence County for 16 years has now become a defendant himself.
Public defender Harry O. Falls was arrested yesterday afternoon by state police, accused of obstructing justice while trying to protect a client during an arrest.
Falls allegedly tried to prevent a state police trooper from arresting his client on a warrant yesterday and taking him to his arraignment. The incident followed a morning proceeding at the courthouse, according to state police.
Falls is charged with obstruction of justice for intentionally trying to prevent the arrest and transport of the alleged offender. He also is charged with disorderly conduct. Neither charge is a felony.
Neither Falls nor his attorney, David Acker, could be reached for comment.
Police alleged Falls told a state trooper wanting to arrest his client that the officer is “an ugly, evil person.”
According to police, a trooper had testified at a hearing where the 56-year-old Falls was acting as public defender. After the hearing, the trooper told the defendant, Ronald Hudach, that he had an outstanding felony warrant for his arrest on charges filed by New Wilmington police.
The trooper asked Hudach to leave the courtroom, intending to arrest him, and Falls followed and yelled at the officer outside the court, police alleged.
As the trooper escorted Hudach to his cruiser and put him inside, Falls continued demeaning the officer, then got into the cruiser, declaring the police were not going to take him to his arraignment without a witness, police said.
Falls then got out and stood within inches of the cruiser to prevent the trooper from leaving the parking lot, police said.
When the trooper told Falls to move, he refused and started yelling for someone to call 911, police said. Falls obtained a cell phone from Hudach’s grandfather, then went to the driver’s side of the cruiser and yelled for the trooper not to leave, according to police.
Hudach’s grandfather, who witnessed the event, told police Falls was worked up and should have not acted the way he did, police reported.
Charges were filed against Falls yesterday afternoon in the Ellwood City office of District Judge Jerry Cartwright. He was arrested at the courthouse and arraigned by Cartwright, who released him on his own recognizance. His preliminary hearing is set for 11 a.m. Thursday.
District Attorney John Bongivengo said the state attorney general’s office could be asked to prosecute the case because of a potential conflict of interest he might have with Falls as public defender.
Meanwhile, the commissioners have a decision to make about whether to suspend Falls or allow him to continue working as public defender until the charges are resolved.
Commissioner Dan Vogler said yesterday afternoon that the commissioners all were attending a lunch meeting of the Lawrence County Conservation District when the state police went to their offices looking for them.
He said he would do whatever county solicitor Thomas W. Leslie recommends, but he had not yet had a conversation with him.
Commissioner Ed Fosnaught said he does not intend to suspend the lawyer because “everybody at some point loses his temper,” and Falls was defending his client.
“He hasn’t been convicted of anything,” Commissioner Steve Craig said, adding, “I would assume he’ll continue to work.”
Frank Verterano, president of the Lawrence County Bar Association, could not be reached yesterday for comment on what consequences Falls could face from the bar as the result of the charges.