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February 3, 2012

Elected councilman contests disqualification

John K. Manna New Castle News

NEW CASTLE — A New Castle City Council candidate contends he should not be disqualified from holding office because he is seeking clemency.

Gary Mitchell says in his response to a complaint filed in Lawrence County common pleas court that if the Pennsylvania Board of Pardons grants his application for clemency, there would be no grounds for disqualification.

His response was filed this week to Lawrence County District Attorney Joshua Lamancusa’s complaint to prevent Mitchell from holding office because he has felony convictions on his record.

A jury found Mitchell guilty of two counts of delivery of a controlled substance, both felonies, and additional misdemeanor counts.

Pennsylvania’s constitution prohibits people convicted of an infamous crime from holding office. The state Supreme Court has defined a felony as an “infamous crime.”

Mitchell, one of three Democrats elected to council in November, admits to those facts in his response, but enters the new matter of his application for clemency.

Saying that the facts in the case are not in dispute, Lamancusa said he would file a motion for summary judgment with the court. Mitchell will have the opportunity to respond, he said, and then the judge will make a determination.

Meanwhile, council has interviewed nine candidates who have applied to fill the pending vacancy. Council does not have a time frame as to when it will make the appointment.

 

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