Vol. LVI Allentown, PA Friday, October 16, 2015 No. 68

40 Pages·2015·4.78 MB·English

Vol. LVI Allentown, PA Friday, October 16, 2015 No. 68
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THE COURT
The Hon. Edward D. Reibman, President Judge
The Hon. Carol K. McGinley, Judge
The Hon. William E. Ford, Judge
The Hon. Robert L. Steinberg, Judge
The Hon. J. Brian Johnson, Judge
The Hon. Kelly L. Banach, Judge
The Hon. James T. Anthony, Judge
The Hon. Maria L. Dantos, Judge
The Hon. Michele A. Varricchio, Judge
The Hon. Douglas G. Reichley, Judge
The Hon. Lawrence J. Brenner, Senior Judge
The Hon. Alan M. Black, Senior Judge
LEHIGH LAW JOURNAL
(USPS 309560)
Owned and Published by
THE BAR ASSOCIATION OF LEHIGH COUNTY
1114 Walnut Street, Allentown, PA 18102
www.lehighbar.org
ZACHARY J. COHEN, President
HON. WILLIAM H. PLATT, President-Elect
PATRICK J. REILLY, Vice President
MICHELLE M. FORSELL, Secretary
SARAH M. JOLLY, Treasurer
SUSAN G. MAURER, Historian
THOMAS F. TRAUD, JR., Law Journal Committee
RAY BRIDGEMAN, Executive Director
SARAH MUSSEL, Case Editor
Copyright © 2015 Bar Association of Lehigh County
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submitted in typewritten form and are published exactly as submitted by the
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ATTORNEY DISCIPLINARY / ETHICS MATTERS
Representation, consultation and expert testimony in disciplinary
matters and matters involving ethical issues, bar admissions
and the Rules of Professional Conduct
James C. Schwartzman, Esq.
Vice Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman,
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22 E. Main Street,
Fleetwood, PA 19522
Phone: [phone]

O’Keefe, Miller & Thielen, P.C. is proud to announce its new satellite
office located at 1042 Walnut Street, Allentown, PA 18102. We look
forward to better serving our clients’ legal needs in Berks County and
the Lehigh Valley. As we expand into the Allentown area, we would be
honored to accept referrals from friends and associates in the practice
areas of family law, criminal law, estates and estate planning.
The BALC Facebook page is
updated regularly with meeting reminders and event
notices, and includes photo albums, discussion
boards, links, and much more. “Like” us at
www.facebook.com/BarAssociationLehighCounty
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LAW CLERK POSITION
LEHIGH COUNTY
Position Description: The Law Clerk will serve Judge J.
Brian Johnson in Civil and Family matters in Lehigh County.
He or she will assist the judge in legal research, writing opin-
ions and court orders. The Law Clerk will also conduct re-
search and review pleadings and documents to prepare the
judge for conferences, hearings and trials, attend hearings,
trials and conferences, and provide general support and as-
sistance to the judge. Candidate should be well organized,
detail oriented, capable of independent work and capable of
working well with others. Strong legal writing and research
skills required. Please send a cover letter, resume and a writ-
ing sample (non-criminal preferred) to Judge J. Brian John-
son, Lehigh County Courthouse, 455 W. Hamilton Street,
Allentown, PA 18101 by November 6, 2015.
This is a full-time position with benefits. Starting salary for
Attorney I, grade 24, is $59,842 annually.
10-16, 23
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Commonwealth vs. Aron
628 Commonwealth vs. Aron
COMMONWEALTH OF PENNSYLVANIA vs.
ALEXANDER ANTONIO ARON, DEFENDANT
Motion to Suppress Evidence—Probable Cause to Arrest—
Reasonable Suspicion—Prima Facie Case—Motion to
Amend Criminal Information—Addition of Criminal
Charge to Information—Same Factual Situation.
1. Court denied defendant’s Motion to Suppress Evidence, and determined police
had probable cause to arrest defendant for public drunkenness and violation of city ordi-
nance, where police had reasonable suspicion to approach defendant because he matched
description of robbery suspect, but upon approach observed defendant in an intoxicated
state with an open container of alcohol in the street. Moreover, Commonwealth presented
prima facie case on each offense, including resisting arrest, disorderly conduct, public
drunkenness and violation of ordinance prohibiting open containers.
2. Court granted Commonwealth’s Motion to Amend Criminal Information to add
a charge of simple assault where defendant allegedly kicked police officer during incident
giving rise to resisting arrest and other charges, because simple assault charge arose from
the same factual situation.
In the Court of Common Pleas of Lehigh County, Pennsyl-
vania—Criminal Division. No. CP-39-CR-965-2015. Common-
wealth of Pennsylvania vs. Alexander Antonio Aron, Defendant.
Jared J. Hanna, esquire, assistant district attorney, on
behalf of the Commonwealth.
eric K. dowdle, esquire, on behalf of the defendant.
Ford, J., June 30, 2015. Defendant, Alexander Antonio Aron,
is charged with the misdemeanor offenses of resisting arrest, 18
Pa. C.S. §5104, and disorderly conduct, 18 Pa. C.S. §5503(a)(4),
and the summary offenses of public drunkenness, 18 Pa. C.S. §5505,
and consumption of alcohol on streets and sidewalks, Allentown
Ordinance, Article 741.08. All of these charges stem from an inci-
dent that occurred on October 27, 2014.
On May 7, 2015, the court conducted a hearing on defendant’s
discovery motions and on defendant’s omnibus pretrial motion.
The latter motion was filed on April 30, 2015. At the hearing, de-
fense counsel indicated that the parties had reached an agreement
on discovery so defendant’s discovery motions are withdrawn. The
parties agreed that the court, in deciding defendant’s omnibus
pretrial motion, should consider only the transcript from defen-
dant’s preliminary hearing conducted on February 20, 2015. The
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Lehigh 7-17 op
Commonwealth vs. Aron 629
transcript of the preliminary hearing is Commonwealth Exhibit 1.
Also, the district attorney made an oral motion to add to the infor-
mation a count of simple assault, 18 Pa. C.S. §2701(a)(1), alleg-
edly committed during the same incident on October 27, 2014.
After reviewing the evidence (the transcript found at C-1), I con-
clude that the Commonwealth may amend the information to add
a count of simple assault. Also, there is prima facie evidence that
defendant committed the crimes charged. Finally, there is no
merit to defendant’s suppression motion. Therefore, defendant’s
omnibus pretrial motion is denied.
FINDINgS OF FACT
1. On October 27, 2014, Officer Andrew Holveck, a three-
year veteran of the Allentown Police Department, was working the
middle shift (3:00 p.m. to 11:00 p.m.) as a patrolman. The officer
received a radio dispatch reporting the robbery of a pedestrian
near the intersection of Fourth and Tilghman Streets in Allentown.
The dispatch described two suspects, an African-American male
and a Hispanic male. Both suspects were described as being in
their twenties and both were wearing blue hooded sweatshirts and
dark colored jeans. Office Holveck, who was at police headquarters
when he received the dispatch, immediately responded and drove
in his marked police vehicle north on Fourth Street with lights and
sirens activated.
2. Near the intersection of Fourth and Liberty Streets, two
city blocks from the robbery site, Officer Holveck observed an
African-American male wearing a blue hooded sweatshirt and blue
pants walking on Fourth Street. This individual was later identified
as defendant. Defendant was born on August 4, 1992, so he was
twenty-two years old on the date in question. Officer Holveck
believed defendant matched the description of one of the robbery
suspects and he knew defendant was near the place of the robbery.
Officer Holveck parked his police vehicle and approached defen-
dant on foot.
3. When he approached, Officer Holveck observed that de-
fendant was holding an open 22-ounce can of Smirnoff Ice. De-
fendant smelled of alcohol and had bloodshot eyes. Officer Holveck
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Lehigh 7-17 op