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Pavlock turns to media in response to allegations
By MARCIE SCHELLHAMMER
Era Reporter
marcie@bradfordera.com
SMETHPORT — McKean County’s top prosecutor turned to the media on Monday to respond to Bradford Mayor Tom Riel’s allegations that “a few rogue members of law enforcement” attempted to frame him on drug charges, and that the state Attorney General’s office was investigating the allegations.
John Pavlock, district attorney, said, “I believe that the public is entitled to have correct facts and information about their criminal justice system,” adding he is not acting out of “any animosity toward Mayor Riel.”
Pavlock said he wanted to clarify some information presented in a speech last week by Riel. In that speech, presented to a joint meeting of the Kiwanis and Rotary clubs, Riel said law enforcement members approached Dennis Fuino to “get Tom Riel” by framing him for drug charges.
During the speech, Riel said Fuino hadn’t come through in a timely manner, so he was arrested for the armed robbery of the Crosby Mini-Mart in Lewis Run. Riel said Fuino didn’t fit the descriptions given by witnesses, but his public defenders “could care less.”
Pavlock said Riel’s statements were “misleading, inaccurate and incomplete.”
“It’s unfortunate that Mr. Pavlock feels that my allegations were directed toward him when there are so many other law enforcement individuals and agencies in the county,” Riel said Monday night. “We’re each entitled to our own opinion of the facts and I still stand by the allegations that were brought to light in my speech last week. I respect his opinion. A difference of opinion is what makes the world go round.”
The district attorney described the events that took place surrounding the convenience store robbery and the circumstances that led to Fuino’s arrest. He released a “summary of the procedural and factual history” of the case against Fuino regarding the armed robbery — a crime to which Fuino confessed during a conversation with a state police officer, Pavlock said.
And in regards to Riel’s allegations about an attorney general investigation, Pavlock confirmed he referred “two separate but related matters to the Attorney General’s office regarding the mayor.”
The first was an allegation regarding drug use before Riel took office as mayor, Pavlock said. The second was after Riel was sworn in and approached Pavlock himself.
“Mayor Riel approached me and told me that he was aware that an investigation was undertaken involving him and the claims were ‘bogus’ and ‘illegal.’ I then immediately referred the mayor’s claims of wrongdoing to the attorney general’s office,” Pavlock said, adding it is his decision alone to refer a case to the state prosecutor.
That step is taken when a conflict of interest or a perceived conflict of interest arises, the district attorney said.
Pavlock said he received a letter from the attorney general’s office on Dec. 29, saying their investigation was completed and “there was no finding of criminal activity by anyone. It is set forth in that letter that, although the single officer involved could have been more critical of the initial claim made by an informant regarding Mayor Riel, this officer did not act criminally.”
Pavlock would not comment further on the attorney general’s investigation; a call to the state prosecutor’s office was not immediately returned.
Addressing the criminal allegations regarding Fuino, Pavlock explained he had Assistant DA Ray Learn prepare a history of the case, as Learn was the prosecutor handling the matter.
Learn explains that Kane-based state trooper Scott Nelson filed the charges. On Dec. 24, 2007, at 4:10 p.m., an armed robbery using a knife was reported at the Lewis Run convenience store. Witnesses described the suspect as a tall, skinny white male in his 50s with gray hair and a scruffy beard, wearing a leather jacket and hooded sweatshirt, driving a red full-sized pickup truck.
Approximately 30 minutes later, Bradford City Police Officer Hiel Bartlett spotted the suspect — Fuino — and asked him to go to the police station for questioning. Bartlett told state police that he was aware Fuino had a lengthy criminal history — including two armed robberies, burglary, aggravated assault, larceny, forgery and escape.
Police obtained statements from the clerks at the convenience store, and both clerks picked Fuino out of a photo line-up, as well as identifying him in person after that, Learn explained.
Police obtained a search warrant for Fuino’s truck and found $840 in cash wrapped in a black stocking cap. The money was mostly in small bills, matching what was taken from the store, Learn said. Also found were an empty knife sheath and a pack of antacids, which the suspect had purchased prior to robbing the store.
Police also looked into Fuino’s alibi — that he was at his parents’ house on Congress Street — and found Fuino left about 25 minutes prior to the robbery, Learn explained.
Learn further explained the legal steps taken in the case, including a resolution of the case by a no-contest plea agreement. Fuino appeared before a judge in McKean County Court and entered into the agreement.
On Nov. 20, Fuino was sentenced to three to six years in state prison. Learn brought up at that time that Fuino had claimed on the Internet that he was in fact innocent of the crimes and offered to allow Fuino to withdraw his plea; Fuino’s attorney indicated that Fuino did not want to do so, Learn explained.
Fuino has not filed an appeal in the case, Learn added.
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