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[ Wednesday, April 9, 2003 ]

More sanctions unlikely for Gricar

Collegian Staff Writer

After being ordered off a rape case for misconduct, the county's chief prosecutor will unlikely face additional sanctions from the state's disciplinary board, the president of the Centre County Bar Association said yesterday.

Attorney Joseph Green said although the possibility exists for an individual involved in the case to file a motion of redress against Centre County District Attorney Ray Gricar before the disciplinary board, it seems remote anyone would do so.

"I don't think so in this case," Green said.

"It sounds like the parties want to move onto the next step," he said.

Green said that when a lawyer is found guilty of misconduct involving a case he is trying, the sanctions are normally imposed by the trial judge, and the case ends there.

"It was in the judge's discretion to do what he thought appropriate," Green said.

Clinton County Judge J. Michael Williamson ruled Monday on a motion for dismissal filed by attorney William "Tim" Fleming.

Fleming is representing Jonathan W. Street on charges he raped a State College woman last July after a night of drinking.

In his ruling, Williamson refused to dismiss the charges against Street.

Williamson stated, "We believe it inappropriate for the alleged victim and the Centre County community to suffer because of the misconduct of the prosecutor."

However, he did find that Gricar violated the defendant's 14th Amendment right to due process and his Sixth Amendment right to compulsory process.

Williamson decided Gricar had inappropriately influenced pathologist Dr. Gordon Handte, an expert witness for the defense, during a January phone conversation. Gricar and his staff were ordered off the case by the judge, and his office was ordered to pay for a substitute expert witness for the defense.

The state attorney general's office will now try the case for the prosecution.

Gricar's troubles started after he learned Handte was going to testify for the defense, and Gricar called him to point out possible professional conflicts of interest.

Handte has testified for the prosecution numerous times, and Gricar has said earlier that he and Handte share a long-standing professional relationship going back 18 years.

Handte immediately decided against testifying after he talked to Gricar on the phone.

Gricar, who was unavailable yesterday for comment on the judge's decision, had said his phone call was "out of concern for a friend."

Fleming said he would not comment on a case that is still pending.

 

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Updated: Wednesday, April 09, 2003  12:34:01 AM  -4
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Created: Wednesday, May 07, 2008  6:41:31 PM  -4