Judge's choice of counsel changed
Nearly a month ago, in the midst of a federal grand jury probe of Allegheny County's criminal court activities, Administrative Judge Donna Jo McDaniel quietly severed courthouse ties between Judge Jeffrey Manning and his longtime friend, criminal defense attorney Patrick Thomassey.
Over the past two years, Manning directed $68,400 in taxpayer money to Thomassey, of Monroeville, to defend indigent suspected criminals, according to court records. The remaining 14 criminal division judges gave Thomassey a total of $51,479.
According to McDaniel, the "four or five cases" Thomassey had on Manning's docket -- including that of Bradley Demitras, the Pine dump truck driver whose wood chipper broke free and killed three members of a Cranberry family in April -- were reassigned to other judges.
McDaniel told the Pittsburgh Tribune-Review on Tuesday that she based her decision on news reports linking the judge and the attorney to an ongoing federal grand jury investigation.
"I wanted to avoid any appearance of impropriety," McDaniel said. "It's a matter of damned if you do, damned if you don't.
"I don't think there is anything wrong between Judge Manning and Mr. Thomassey. I don't think there have been any allegations that are even close to being true. But I believe we must avoid the appearance of impropriety."
Messages left with Thomassey's staff were not returned. His attorney, Thomas Ceraso, defended his client and McDaniel's actions.
"She's the judge. That's a call she had to make," Ceraso said. "I would not second-guess her."
Manning declined to comment. But in a 2002 interview with the Trib about court appointments, Manning said that he considers a lawyer's competency, availability and price as criteria, and that Thomassey "just happens to be one of the most competent lawyers in Pennsylvania."
Manning's attorney, Gary Zimmerman, yesterday denounced reports that his client is under investigation.
In January, federal prosecutors summoned Deputy Sheriff Gim Yee to testify before the grand jury. Yee, a 27-year veteran of the Sheriff's Office, worked primarily as Manning's courtroom deputy during the past decade.
Last week, criminal court judges met and agreed to channel all attorney appointments for indigent non-homicide defendants to the 2-year-old Office of Conflict Counsel. McDaniel retains authority to appoint attorneys in homicide cases.
The Constitution guarantees an attorney for anyone accused of a crime. The Allegheny County Public Defender's Office usually represents the poor, but the courts appoint private attorneys when a public defender is unavailable or a co-defendant is involved.
Over the past two years, Scott Coffey topped the list of attorneys who were paid with taxpayer money to defend indigent suspected criminals, receiving nearly $285,000.
In 2006, Thomassey was paid for 36 cases dating to 2003. Manning named him to all but seven, according to data released by court administrator Raymond L. Billotte.
Manning authorized $36,425 in taxpayer money for 432 hours of Thomassey's legal work last year, according to vouchers.
Six other judges combined to pay Thomassey $7,550. That means Manning's appointments accounted for 83 percent of the attorney's public work.
In 2005, Manning accounted for 41 percent of the court appointments received by Thomassey. He was paid $31,975 for 460 billable hours, vouchers show. Eight other judges combined to pay Thomassey $47,133 that year.
The second-highest payout to an attorney in Manning's courtroom over the past two years was $31,237, to Kenneth Snarey.
Since 2005, nearly 3 out of every 5 taxpayer-funded cases given to Thomassey were from Manning.
Asked whether those figures seemed unusual, McDaniel said: "You will have to ask Judge Manning that.
"I know I've appointed Mr. Thomassey to cases I find to be difficult," she said. "I find that he's qualified and that he doesn't overcharge. He's competent and on time, and I have no problem with that."
Although McDaniel leads all county judges with legal appointments, paying out on 1,030 cases over the past two years, only four payments were addressed to Thomassey. Over the past two years, for every case McDaniel sent to Thomassey, Manning gave him 15.
