Wright will coach Boiling Springs wrestling this season

BOILING SPRINGS — South Middleton School Board put a hold on wrestling coach Rodney Wright but did not count him out of the upcoming season.

The board Monday voted unanimously to reinstate Wright as head coach of the Boiling Springs High School team, but made the effective date of his appointment Jan. 1, 2014.

This means Wright will miss the first six weeks of a sport that starts preseason training in mid-November and has a regular season that runs through the end of January. Postseason wrestling continues into mid-March.

A full-time drivers’ education teacher, Wright was suspended from the classroom for much of the first marking period but will return on Monday, Oct. 14.

Wright was charged on April 11 with possession of drug paraphernalia after a police search of his home revealed a small wooden box and a stainless steel smoking pipe, both with the odor of marijuana.

Defense attorney Jay Abom said Monday that while Wright is being considered for participation in the accelerated rehabilitative disposition program for first-time offenders, the Cumberland County District Attorney’s office has yet to make the motion for Wright to be accepted into the program.

Successful completion of conditions specified under the ARD would result in the dismissal of the paraphernalia charge and an expungement of Wright’s record, Abom said. “ARD does not involve any admission of guilt.”

Participation in the program is for a period of at least six months and could include such conditions as community service and drug and alcohol counseling, Abom said. “ARD is routine in a case such as this one.”

The board Monday approved a list of extra duty athletic positions for the winter season that included appointing Ryan Eby the interim head coach for wrestling for the first six weeks of the season. Eby will resume work as assistant varsity coach after Wright takes over as the head coach.

Prior to voting on the list, Board President Tom Merlie read a statement from Wright in which the coach apologized for the negative publicity his personal situation has brought toward the school district, the board, the administration, the parents, students, the wrestling program and team.

“This entire situation has added a great deal of stress to my family, my friends, the wrestlers and the parents for which I am greatly sorry,” Merlie quoted Wright. “Looking back on the situation, I wish I would have done a lot of things differently. I am looking forward to putting the situation behind us all and getting back to teaching and coaching.”

In a phone interview with The Sentinel prior to the meeting, Wright said he wished he could return to the head coach position at the beginning of the season, but added “that is not my decision.”

Wright was then asked about the discrepancy in the dates between when he is scheduled to return as a teacher and when he returns as head coach. “Why the delay is a good question,” Wright said. “I’d never really a got a clear sense.”

Hundreds of people flocked to the school board meeting in early September in a show of support to have Wright immediately reinstated as coach for the upcoming season. There were rumors circulating within the community that Wright’s name was being withheld from renewal on the roster of winter sports coaches.

The issue did not come up in school board meetings held later in September. Monday’s meeting was moved from the board room in the Iron Forge Educational Center to the high school auditorium in anticipation of a larger crowd.

Fewer people showed up Monday and no one in the audience said a word about Wright or his status as a coach during either of the two public comment periods.

Kim Hurley, Wright’s girlfriend, said that while supporters are disappointed the coach will miss the opening weeks of wrestling season, they were relieved that he would be back in January and was not dismissed for a full year.

Assistant coaches Eby and Trevor Byers will lead the program for the first six weeks and are familiar with the coaching style of Wright having worked with him for years, Hurley said.

“They are excellent coaches,” wrestling mom Lisa Vaughn said of Eby and Byers. “They will do a great job. They will be there to support the boys. That is going to mean a lot.” Vaughn said the absence of Wright in the opening weeks of the season could impact the Bubbler’s postseason prospects.

Wright will not be head coach during two tournaments that are very important to the Bubbler wrestling program — King of the Mountain and the Boiling Springs holiday tournament, Vaughn said. Both events draw college scouts.

There was concern among supporters over who the scouts would be able to call on the coaching staff to get the best information on the wrestling style of prospects. It was felt hearing it from head coach Wright would make a better impression.

“It’s apples and oranges,” Board President Merlie said when asked why Wright is being reinstated as a teacher in October, but would have to wait until early January to resume his duties as head coach.

“As a teacher, you have certain rights,” Merlie said. “Coaches are seasonal employees and have not rights to the job from one year to the next.”

The board Monday approved a memo of understanding involving a grievance that had been filed against the school district. Merlie would not elaborate on the contents of the memo except to say it involved the coaching roster for winter sports and that “it will allow us to move forward.”

Cumberlink

Sandusky appeal denied

HARRISBURG — The State Superior Court today rejected an appeal by Jerry Sandusky, who was trying to get his sexual abuse convictions overturned. Last year, Sandusky was convicted of sexually abusing 10 boys and sentenced to a minimum of 30 years in prison. An attorney for Sandusky says he will now appeal to the Pennsylvania State Supreme Court but a local attorney says there’s only a slim chance the higher court will take on the appeal. “Here you have routine discretion of court,” Jason Kutulakis said. “I don’t see the Supreme Court taking this case at all.” He says that’s because Sandusky’s appeal does not include constitutional questions. The appeal by Sandusky focuses on the decision of the Commonwealth Court Judge who oversaw the case in Centre County. The Sandusky appeal contested his conviction on three main points: the prosecution made inappropriate statements about Sandusky not taking the stand, the judge didn’t properly instruct the jury, and there wasn’t enough time to prepare for the case. Two weeks after the Superior Court heard oral arguments for the appeal, it affirmed the actions of the lower court judge and affirmed the Sandusky’ convictions.

CBS12

Boiling Springs High School wrestling coach ordered to stand trial for drug paraphernalia

PENN TOWNSHIP, CUMBERLAND COUNTY – Boiling Springs High School wrestling coach Rodney A. Wright has been ordered to stand trial in Cumberland County Court on a charge of possession of drug paraphernalia.

District Justice Vivian Cohick found enough evidence in a three-hour preliminary hearing Wednesday to order Wright, 44, to appear for formal arraignment Aug. 22 in Cumberland County Court on the misdemeanor charge. Wright was arrested April 11 after police found a marijuana pipe in a jacket alleged to be Wright’s in the mud room at Wright’s Penn Township home Jan. 14.

Wright, who is free on his own recognizance, is on sick leave from his teaching and coaching positions according to his attorney, Jay Abom of Carlisle.

Key witness Michealle Wright, Rodney Wright’s estranged wife, testified she called state police to their home Jan. 14 and pointed out a red jacket in the mud room where she said she saw her husband stash a marijuana pipe. Trooper David C. Long II testified he looked in the jacket and found a small wooden box and a metal pipe which was later determined to contain traces of marijuana.

Later the same day Michealle Wright signed a consent form allowing police to search their house and outbuildings. No more evidence was found, police testified.

Rodney Wright was not at home either time police were at his house, but returned moments after the search party left, Michealle Wright said. She said her husband was “very upset, nervous … and crying” when he learned about the search.

Cumberland County First Assistant District Attorney Jaime Keating presented evidence and testimony alleging that early the next morning Rodney Wright purchased gallons of water and fruit pectin at Wal-Mart in Carlisle. Drug-testing expert Paul Polensky testified that ingesting fruit pectin is believed by some to be a way to fool a drug test.

The district attorney also called police witnesses who testified Rodney Wright changed his story several times in subsequent interviews, first saying he’d never seen the paraphernalia and later saying he had seen it but wasn’t his.

In a closing statement, Abom argued the prosecution had not shown that Wright owned the drug pipe and intended to use it to consume marijuana, and implied that Michealle Wright had unrelated motives for calling police.

The purpose of a preliminary hearing is determine if there is enough evidence of crime to bring a witness to trial, and “clearly, the court felt there was sufficient evidence to go forward,” Keating said outside the courthouse.

“Mr. Wright is very disappointed,” Abom said after the hearing. “However, we recognize that the crux of the facts in this case are based on the commonwealth’s key witness, his estranged wife.”

He wasn’t permitted at the preliminary hearing to question Michealle Wright’s credibility, Abom said, but “at trial, a jury is entitled to disbelieve … they can consider whether she was motivated to lie.”

The district attorney’s office issued a statement in April denying that Wright was targeted because he’s well-known in the community. Wright issued his own statement through his attorney saying he expected to be cleared of the charge.

Courtesy of Pennlive.com

Rodney Wright’s Media Statement

To Whom It May Concern:

My Firm has been retained to represent Rodney Wright in defense of the Misdemeanor Paraphernalia charges filed against him. In response to many media inquires, Mr. Wright releases the following statement:

I am deeply disappointed that a contentious divorce with my wife of 19 years has spilled out into the public spotlight and has led to these allegations. The students and athletes entrusted to my care have always been my greatest priority. I am grateful for the outpouring of support from friends, family, and members of our school community. I intend to remain cooperative with the police. I look forward to clearing my name and having these charges dismissed.

Mr. Wright asked that any further questions be directed to me at my firm at 717.249.0900.

Sincerely,

Abom & Kutulakis, L.L.C.
John A. Abom
Attorney for Rodney Wright

View the Original Statement Here

Landisburg man headed to court in crash death of woman

The presentation of witnesses and reports from a defense attorney led to the dismissal of the DUI portion of a homicide by vehicle charge, but a 23-year-old Landisburg man is still heading to Cumberland County Court for the death of a Landisburg woman.

Kevin C. Miller was initially charged with homicide by vehicle while driving under the influence and DUI controlled substance after a rollover crash that occurred on Sunnyside Drive in Middlesex Township on Oct. 14. The crash resulted in the death of Ashtyn Rideout, 23, of Landisburg, who was partially ejected from the vehicle.

Magisterial District Judge Susan Day heard testimony Wednesday from Middlesex Township police as well as from a forensic toxicology expert. Prosecution focused on the state of the crash, while defense argued the need for either the DUI component or the homicide by vehicle charge.

Police

Sgt. James Patterson of the Middlesex Township Police Department testified first during the preliminary hearing Wednesday and said he was called to the scene and when he arrived, he found a man “knelt next to a woman who was partially trapped in a car,” he said. On cross examination, Patterson said Miller was holding Rideout’s hand at the time.

Patterson testified that no hazards were noticed on the road, and the crash was reported to police by a passer-by. Police initially reported that the vehicle went off the side of the road, where it struck a large rock and sideswiped a utility pole before rolling onto the driver side and eventually the roof.

He testified that Miller had told him he was driving the vehicle and was taking prescription medication, which Patterson said Miller had told him belonged to the Rideout.

Through defense witnesses and blood work, Miller’s attorney John Abom of Abom & Kutulakis, Carlisle, argued that the only medications found in Miller’s system were prescribed to him.

Blood test

Prosecution introduced evidence in the form of the medical results of the blood test, which showed there was no alcohol present in his blood, but there were amounts THC and a generic form of Zoloft found.

Miller’s mother testified that Miller was been prescribed a generic Zoloft, which was the only prescription medication identified in the blood work.

Dr. Lawrence Guzzardi, an expert witness in forensic toxicology, also testified for the defense and is an expert in selective serotonin reuptake inhibitor drugs, such as Zoloft. He said the amount found in Miller’s blood work is well within therapeutic levels and would have no affect on driving.

Guzzardi also pointed out that the Delta-9 Carboxy THC found in Miller’s blood meant that Miller had smoked marijuana, but he was not under the influence of the substance. Guzzardi said Delta-9 Carboxy THC is the inactive metabolite of marijuana, which stays in the body for some time, but is not an active component and would not affect driving.

“It is a marker that someone used marijuana,” he said. “There is absolutely no evidence that marijuana had any effect on the driving ability of Mr. Kevin Miller. At some point, he had smoked, but was not under the influence at the time.”

“The test reflects that at some point he used marijuana, but was not under the influence at the time,” Abom said. “This was a very tragic, sad accident, but not every accident when someone is killed justifies criminal charges.”

Incident scene

When asked if Miller showed any signs of intoxication, Patterson said he had.

“I noticed when I watched him walk, there was a swagger to his walk, and when he stood in place, he swayed,” he said. “He said she had been drinking, and he was the designated driver.”

Patterson said a light odor of alcohol prompted him to initiate a preliminary breath test, which resulted in a negative reading for alcohol.

Miller was not arrested, but was taken to Carlisle Regional Medical Center for a blood test.

Rideout was taken by ambulance to CRMC, where she was later pronounced dead. An autopsy revealed blunt force trauma as the cause and manner of death. The autopsy also revealed that Rideout had taken prescription medication but had not taken the same medication as Miller.

An amended charge of homicide by vehicle, which does not have the DUI component attached, was added to the complaint during the hearing, and the initial homicide by vehicle while DUI charge was dismissed due to lack of evidence showing the intoxication level caused the crash.

Abom attempted to argue against the homicide by vehicle charge, saying that no evidence had been offered to prove that Miller had violated any traffic laws, causing the crash.

“One moment of inattentiveness and you’re hit, which causes an accident. There was no evidence of speeding, of weaving, any traffic violations,” he said, “This is an accident, not a crime.”

Daniel J. Sodus, senior assistant district attorney, argued that the added homicide by vehicle charge had been proven, as the crash itself showed a recklessness.

“It is not a far stretch of the imagination at all that a moment of inattentiveness caused this crash,” he said. “Many drivers are inattentive, use cellphones and such, that by itself does not cause you to flip your vehicle.”

The homicide by vehicle charge was bound over for Cumberland County Court of Common Pleas. A formal arraignment has been scheduled for 9 a.m. June 20.

Charged school teacher out on bail, school district responds

abc27 WHTM

CHAMBERSBURG, Pa. (WHTM) –

Jeffrey Schmutzler, the Chambersburg High School Spanish teacher accused of sexual exploitation of children, is out on $60,000 bond.

Parents of students in the district have expressed concern that the school did not inform them of Schmutzler’s arrest. Many learned of the charges from abc27 news.

Superintendent Dr. Joseph Padasak says the district was informed of Schmutzler’s arrest via fax from the Attorney General’s Office around noon on Thursday. However, they did not receive any additional information.

“They gave us no details,” said Dr. Padasak.

Padasak also said names of any alleged victims have also not been released. The district is working to keep parents better informed and are now posting information on their website (http://www.chambersburg.k12.pa.us/education/components/whatsnew/default.php?sectiondetailid=27917&viewType=detail&id=3155)

This message was posted on the site today.

“The district has no additional information at this time, but will continue to work cooperatively with state and federal investigators … Student safety is and will always be our primary concern. It is critical that students continue to feel school is a safe place full of adults they can trust. Administrators, counselors and additional staff were present in the high school today to reassure students and employees and to address any and all concerns over this matter.”

The school said any student or parent who has a concern regarding this issue, should call Principal Buddy Chapel at 717-261-3329. If you have information you believe may be relevant to this investigation please contact the Chambersburg Area School District Police Chief Paul Weachter at 377-6773.

Schmutzler is accused of taking photos of his students, Photoshopping their faces onto child pornography and distributing them .

Carlisle Attorney Jason Kutulakis works with the group ChildFirst PA, which fights child abuse and protects children’s rights.

“You send your children off to school with anticipation that they will be in a safe environment and here you have the betrayal of that trust,” said Kutulakis.

Kutulakis he says although the charges against Schmutzler do not include physical abuse it doesn’t lessen the pain, especially if the images are on the internet.

“I don’t know of any mechanism whatsoever to recall or delete these images. Unfortunately, they will be in cyber space forever and its tragic. For the duration of life these images will be out there. Hopefully if these allegations are true the punishment is swift and severe,” said Kutulakis.

Schmutzler has been a teacher in the district since 2005. He worked at Northern Middle School first and then moved to the high school.

Courtesy of ABC27

By Kendra Nichols

Top Stories Child First Program teaches officials how to communicate with child victims of sex abuse

Last year, State Police say they investigated almost 1,500 child sex abuses in Pennsylvania. For those young victims involved, being interviewed during an investigation can be difficult.

It’s called the Child-First Program. It’s a class for those who deal with children, who are victims of crimes, and how to effectively communicate with them. Investigators and detectives were in a Derry Township classroom on Thursday, to learn how to best communicate with children, who are victims of heinous crimes.

Adams County District Attorney, Shawn Wagner says first responders are important in situations like these. “In child sexual abuse cases the first response is by far the most important one that we need, to see a crime.”

Some officials say child sex abuse crimes aren’t spoken of much. “For whatever reason, society seems to look the other way, want to ignore, or can’t believe these activities are taking place. They’re goal (investigators) is to provide services for healing and justice to the victims and holding the offenders accountable.” Said Pennsylvania State Police Commissioner Frank Noonan.

Wagner says helping the child have a normal childhood, is important. “Our ultimate goal is to allow a child to become a child again, when they’re the victim of child abuse.”

State Police, District Attorneys and other officials say this is designed to stregthen investigations and prosecute child abuse.
“Child abuse prosecutions are tough prosecutions, but of the 67 counties in Pennsylvania, only 20 have children advocacy centers, including Dauphin, Lancaster and York Counties.” Dauphin County District Attorney Ed Marsico explained.

Those centers, provide healing for victims and a commonplace between them and doctors, nurses, and police.

Dauphin County Commissioner George Hartwick, III says each county needs to have resources for the children. “There needs to be a dedicated revenue source to find child advocacy centers throughout PA.”

Hartwick says that funding should come from outside of fundraisers.

There is a bill in the house now, that if its passed, it would make those charged with crimes against children pay a fine and that money would go to child advocacy centers.

Reported by: Kyle Rogers
Contributor: Rachel Snody

Child advocacy centers should get money from the NCAA’s fine on Penn State, commissioner says

A hefty share of the NCAA’s $60 million fine against Penn State over the Jerry Sandusky child sex abuse scandal should be to pumped into child advocacy centers to help abuse victims, Dauphin County Commissioner George Hartwick III said Thursday.

“There could be no better utilization of those resources,” Hartwick said.

He made that proposal during a program at the Pennsylvania State Police Academy in Derry Township to tout the ChildFirst program.

That program, now a year old in the Keystone State, aims to unite the efforts of police, prosecutors and child welfare advocates to increase the effectiveness of child sexual abuse prosecutions while curbing the damage to the victims.

A main tenet of ChildFirst, which operates in 19 states, is to focus on the needs of the child.

For example, it advocates limiting interviews of abused children to specially-trained interviewers so the youngsters don’t have to repeat their accounts of molestation over and over and there is a reduced risk of their testimony being tainted by intended or inadvertent adult suggestions.

While the Sandusky case and the prosecutions of molestation claims against Catholic Church officials in Philadelphia have drawn public attention of late, many more abuse cases go through the courts unnoticed, State Police Commissioner Frank Noonan said.

The state police handled about 1,500 child sexual abuse cases in the past year, he said.

“How many of these have you heard of? Hardly any,” Noonan said.

“Society wants too look the other way,” he said. “It can’t believe these kinds of things are taking place.”

Thursday’s press conference coincided with a weeklong ChildFirst training program at the academy, one of nine such sessions being held at state police facilities across Pennsylvania this year.

Carlisle attorney Jason Kutulakis, a member of the Governor’s Task Force on Child Abuse, is one of the instructors.

ChildFirst stresses that young abuse victims be questioned by trained interviewers, not well-meaning amateurs, and to have their statements memorialized on a recording, Kutulakis said.

In the past, he said, it was not uncommon for a child to undergo a dozen interviews after reporting abuse. “That’s not child-centered. That’s not child-focused,” said Kutulakis, who is past president of the state Children and Youth Solicitors Association.

“I’ve been doing this for 25 years,” said Adams County District Attorney Shawn Wagner, president of the Pennsylvania District Attorneys Association. “In my experience, the system can exacerbate what the child has gone through.”
“In a child sexual abuse case, the first response is the most important one.” – Adams County District Attorney Shawn Wagner

That’s why the cooperative, interagency premise of ChildFirst is vital in rescuing child abuse victims and prosecuting their predators, he said.

“The most important approach we can have in child abuse cases is a collaborative one,” he said. “We must all work together. In a child sexual abuse case, the first response is the most important one.”

Concentrating on that first, pure interview with the victim and minimizing the legal system’s trauma not only gives the child a better chance at recovery, but provides stronger evidence against the molesters, Wagner said.

That approach works, Dauphin County District Attorney Ed Marsico agreed.

“We’re seeing fewer trials in these cases and more guilty pleas, so the children don’t have to go through a trial,” Marsico said.

Child advocacy centers are the best settings for interviewing and helping molested children, he, Wagner, Kutulakis and Hartwick said.

They called for a vast expansion of those centers in the state. Only about one-third of the state’s 67 counties have access to such centers, which are hubs for child-abuse interviews and for services to aid molestation victims.

All counties in the midstate have access to such centers. Adams, York and Lancaster counties have their own centers and the Harrisburg-based Children’s Resource Center operated by PinnacleHealth System serves Dauphin, Cumberland, Perry and Lebanon counties.

Those centers find their funding from a variety of not always stable sources, and Hartwick said Pinnacle actually loses money on its center. He said a government funding stream should be dedicated to support the operations.

“There is no excuse for short-changing children,” he said.

Others have the same idea. Two bills to finance aid for child abuse victims have passed the state House and are bound for the Senate.

One calls for shifting $400,000 left over from the Drug Abuse Resistance Education program to the child advocacy centers. The other proposes to create a fund by imposing a new $15 fee on everyone who pleads guilty to any crime.

Money aside, there should be only one overriding aim, Kutulakis said.

“We as a community must protect our most precious resource,” he said. “It has nothing to do with the natural gas here in Pennsylvania. It’s the children of the commonwealth.”

By Matt Miller | mmiller@pennlive.com

When the marriage ends before “death do us part”

Editor’s Note: This is the first article in a series on divorce. Upcoming topics will include spousal support, child support and custody. The information contained in this column is for informational purposes only and not for the purpose of providing legal advice. You should contact your family attorney to obtain advice with respect to any particular issue or problem. If you have a general question about how the law relates to your family, let us know! We cannot respond to specific legal cases and situations.

The reality that your marriage is over is difficult, even in the most amicable situations. So, here you are. For whatever reason, you are ready to dissolve your marriage. But where to start?

Do your homework

Maybe you have you seen the advertisements claiming you can get a divorce for $299. These low-cost divorces are generally suited for people with no children, no marital property and, really, nothing complicated. This is not most marriages!

Our Family Law attorneys know that a typical divorce starts at about $3,000 per couple. This amount will go up if the divorce is contentious, there is marital property or children are involved.

And couples who have included a stay-at-home parent where one partner handled all the finances have it especially challenging. For their protection, we often tell potential clients, “You’re not ready. Go home, get your finances in order and then come back.”*

In that case, she advises them to make copies of every financial document available, including tax forms, stocks, 401K accounts and mortgages to create a paper trail in the event that money “disappears” during the divorce process. Any money in joint banking accounts is legally the property of both spouses.

It is completely acceptable to withdraw up to half of any money in these accounts–but not a penny more. Put this money in a separate bank account.

Then, if you don’t have credit, open a credit card to establish credit as an individual and open a checking account in your own name.

Dollars and sense

It’s also important to have an attorney. After you choose your legal respresentative, make sure you understand how you will pay for your legal fees.

Then, make sure you understand the process. Pennsylvania is called a Fault/No Fault divorce state. A Fault divorce claims someone did something wrong, like had an affair during the marriage. It takes longer than No Fault divorce. Allegations of wrong-doing must be proven.

There are also different processes when proceeding with divorce. For example, the Collaborative Process encourages compromising and removes the combativeness. It’s quicker and cheaper, but only an option when the parties are extremely amicable. Your attorney will fully explain these procedures and help you determine which one is best for you.

And if you have children, you will need to file an action for child support through the Office of Domestic Relations. This will help you with some of the children’s expenses while you resolve the divorce issues.

Divorce can become costly, complicated, and overwhelming. We liken it to a death—even when the divorce is desired, there is grief, guilt and a sense of loss. Children often struggle. Counseling is very beneficial, especially for children, during and after the divorce process.

By Carla Arp

Updated 8/16/2019