Williamsport, Pa. — A Lycoming County Judge has ruled that the Lycoming County District Attorney's office may proceed in the prosecution of Kenneth Michaels, accused in the shooting death of John Roskowski, 69, on Aug. 17, 2023.
Michaels and Roskowski were former business partners and brothers-in-law. On Aug. 17, Michaels fired a single shot in the lobby of Cable Services, Inc. located on Marydale Ave. in Williamsport. According to court documents, Michaels opened a locked door to let Roskowski, who was said to be "irate," into the building, then fired the shot that fatally wounded him.
Michaels' attorney, Edward J. Rymsza, alleges that District Attorney Tom Marino, who involved himself in the case before he was elected and installed as the DA, may have influenced the severity of the charges made by the District Attorney's office, and that he "was, and is, personally invested in the outcome of this case."
According to court papers, Rymsza said he was made aware that Marino recused himself from the case via an email sent on May 16, 2024.
Rymsza filed a Motion to Disqualify and Recuse the Lycoming County District Attorney's Office on March 29, based on the appearance of a conflict of interest within the DA's office. A hearing was held May 28 to present evidence.
"Granted in part and denied in part"
Judge Ryan Tira issued his order on the motion on Aug. 19. Details of the hearing leading up to Tira's order, which grants the District Attorney's Office permission to proceed with the prosecution, are as follows:
Rymsza admitted audio from a September 2023 interview of a Cable Services employee held by Lycoming County Detective Steve Sorage and Tom Marino, then a candidate for DA. During the interview, which was only partially recorded, the employee was asked questions about the shooting incident and related details. According to the defense, the interview was not disclosed by prosecution.
The Cable Services employee testifed that she knew Roskowski, Tom Marino, and Sorage, who is her father-in-law. Sorage told her he and Marino wanted to meet with her to "get ahead of the case and help Ken out," court documents said.
After the interview, Marino stated, "Again, let's keep this between us. I wasn't here," she testified.
In an attempt to further connect Marino and Roskowski, the defense called Roskowski's ex-wife to the stand, who testified that she has known Marino since she was a little girl, and that he had flown on Cable Services' corporate plane with her and Roskowski prior to their divorce.
The third and final witness was First Assistant District Attorney Martin L. Wade, who told the court that Marino was not employed in any capacity in the DA's office and had no legal authority in the office betwen August of 2023 and the end of December 2023. He had been invited to the office by then-District Attorney Ryan Gardner to "learn how the office functioned in anticipation of the transition."
Marino was in the office regularly during that time, Wade testified.
The interview of the Cable Services employee was not authorized by the DA's office, according to Wade. Marino "just did it," he told the court.
Furthermore, Marino was allowed to come to Michaels' preliminary hearing on Sept. 22, 2023. Wade testified that Marino asked if he was allowed to come to the hearing and Wade said yes, but he thought Marino meant as a "spectator," court documents said.
When asked if he had reservations about Marino sitting with him at counsel table, Wade told the court, "probably." When asked if he had any concerns about telling Marino he could not sit at counsel table because he was his future boss, Wade replied, "for sure."
Wade told the court that he has been working the Michaels case since the beginning, and that policies that deal with potential conflicts of interest are in place, including blocking attorneys from accessing the electronic file system. There are, however, physical files in a cabinet of Wade's office which are not under lock and key, according to his testimony. Marino has never asked to see those files, Wade said.
The ruling
In Tira's written opinion, issued Aug. 19, he said the DA does not have a direct financial interest in the outcome of the case, nor has he formerly represented Michaels in a criminal matter.
"The Court is satisfied that Marino's conduct in no way influenced the decisions of the District Attorney in office or his staff, particularly ADA Wade, at the time the charges were filed," Tira wrote.
Quoting a ruling from Commonwealth v. Miller, 1980, "Instead of opting for such an extravagantly indulgent application of the 'appearance of impropriety' standard, we prefer to rely upon the integrity of the district attorneys of this Commonwealth not to participate in the prosecution of cases when such participation would generate an appearance of impropriety," Tira wrote.
The Court "finds it unnecessary to disqualify the entire Lycoming County District Attorney's Office in light of the recusal of the District Attorney Thomas L. Marino, Esquire."
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