NEW CASTLE —
Preliminary objections to a complaint seeking to prevent a New Castle City Council candidate from holding office have been dismissed.
Lawrence County Judge John W. Hodge dismissed Gary Mitchell’s objections less than an hour after he presided over oral arguments on the matter.
Mitchell, one of three candidates elected to city council in November, filed the objections to District Attorney Joshua Lamancusa’s complaint.
Lamancusa filed the complaint Dec. 14 to have Mitchell disqualified because he has felony convictions on his record.
In 2002, 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.”
In his objections filed with the court, Mitchell said he has applied for clemency with the state Board of Pardons. He asked the court to dismiss and/or stay Lamancusa’s complaint until the board decides on his application.
Yesterday, Mitchell told the judge, “I confidently believe that I will be very successful in obtaining this pardon.”
Asked by Hodge whether he has any case law on the subject, Mitchell answered, “Unfortunately, not at this time.”
Lamancusa said he does not believe Mitchell’s preliminary objections are supported by case law.
Mitchell also stated in his preliminary objections that his application for clemency can be considered a pending “prior action,” and, therefore, Lamancusa’s complaint should be dismissed.
Lamancusa, though, said that action was not filed in a court of law.
He also said in his experience, the pardon process is a lengthy one and could take up to three years for the board to decide on an application.
In his order, Hodge said Mitchell has 20 days to respond to Lamancusa’s complaint filed in December.
Meanwhile, city council is accepting applications to fill the pending vacancy on council.
(Email: jmanna@ncnewsonline.com)
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