NEW CASTLE — Former state representative Frank LaGrotta faces time in the Lawrence County jail for altering prescriptions to obtain drugs.

Visiting Judge Eugene E. Fike of Somerset County sentenced LaGrotta yesterday to a minimum of three months and not more than 12 months in jail, two years probation, fines totaling $1,500 and costs of prosecution.

Before the judge finished his statement explaining the rationale for the sentence, LaGrotta became ill. Emergency personnel were called and LaGrotta, who was conscious, was placed on a gurney and transported to Ellwood City Hospital. LaGrotta lives in Ellwood City.

Fike called a recess, and after LaGrotta was removed from the courtroom, the judge announced that the defendant had not been advised of his post-sentencing rights. He said the sentencing would resume at 9:30 a.m. tomorrow provided that LaGrotta is released from the hospital at that time.

If he is not released, Fike said, the resumption of the sentencing will be scheduled “as soon as possible.”

LaGrotta, 52, pleaded guilty in April to three counts each of acquiring a controlled substance through misrepresentation, intentional possession of a controlled substance, and forgery as well as one count of attempting to acquire a controlled substance through misrepresentation, fraud or forgery.

The charges came after he presented altered prescriptions May 5, 2010, at a pharmacy in Beaver County and March 29 and April 20, 2010, Lawrence County. The prescriptions had been written for 120 tablets but were altered, enabling LaGrotta to obtain 180 pills.

All three cases involve Xanax, an antidepressant.

The cases were consolidated in Lawrence County in January, when a Beaver County judge transferred the Beaver County case to the local court.

Fike imposed a three-month minimum sentence of incarceration for each count, but said time would be served concurrently.

The maximum sentence that could have been imposed was 30 years in prison and $85,000 in fines.



STATE’S REACTION

Anthony Krastek, senior deputy attorney general who prosecuted the case, said he was satisfied with the sentence.

“It’s in the standard range, which is what we asked for.”

In remarks made before the sentencing, Krastek said an “appropriate sentence would include some incarceration.”

Defense attorney Stephen Colafella said he was hoping for probation only.

“It could have been worse,” he said.

Referring to the time LaGrotta will have to spend in jail, Colafella said, “It’s disappointing that the progress he has made that there will be some interruption in his treatment.

“We’re hoping the sentence order will provide for medical furloughs for treatment.”

Dr. Thomas M. Kelly, associate professor of psychiatry at the University of Pittsburgh Medical Center, said he has been seeing LaGrotta on a weekly basis. LaGrotta is on medication and is being treated for anxiety. Kelly was one of five character witnesses called by the defense.

Reading from a prepared statement, LaGrotta apologized to his family, friends and the community.

“I take full responsibility for my actions.”

LaGrotta said his life “was turned upside down” four years ago. The attorney general began an investigation then that ended with LaGrotta pleading guilty in 2008 to two felony conflict of interest charges for hiring his sister and niece, who were paid about $27,000 for doing little or no work for the state.

Because he was unable to eat and sleep, LaGrotta said, his doctor prescribed medications that included Xanax. The doctor increased the dosage, he said, adding, “my addiction was out of control.” He said he took up to 20 pills a day and “sometimes suffered blackouts.”

He eventually checked himself in to Gateway Rehabilitation Center in Aliquippa. LaGrotta said he even began “having thoughts of suicide.” He later was transferred to Western Pennsylvania Psychiatric Institute and Clinic.



PROGRESS MADE

“I have come a long way in the past 13 months, but still have a long way to go, he said, noting he takes six anti-depressants every day.

“With the help of my family and friends, I will be able to lead a productive life.”

Kelly said LaGrotta is currently being treated for anxiety.

“He has an excellent prognosis as long as he stays in treatment,” Kelly said.

Ann Bartolomeo, LaGrotta’s sister, told the court of his devotion to her and her children, serving as a father figure after her husband left.

Describing how her brother’s life changed after the investigation began and how the drugs affected him, she said, “Getting arrested and getting treatment has been a blessing. Why? Because it saved Frank’s life.”

The other witnesses were Dr. Neil A. Capretto, medical director of Gateway; attorney Charles Garbett; and the Rev. Mark L. Thomas, pastor of Holy Redeemer Church.

Regarding the conflict of interest guilty plea in Dauphin County court, Krastek said in April that Judge Richard Lewis could revoke LaGrotta’s probation or parole in that case. Lewis had sentenced LaGrotta to six months house arrest, 30 months probation, $5,000 in fines and $27,000 in restitution.

LaGrotta was on house arrest with electronic monitoring through February.

Colafella said yesterday, “Once they took him off the bracelet, they did terminate the case.”

LaGrotta represented the 10th District for 20 years. He lost re-election to an 11th two-year term in the 2006 primary.