Defense wants DA's Office off case of killer who avoided paying $35,000 in fines and court costs
A hearing to determine whether Frances A. Donohue -- convicted two years ago of killing her elderly mother-in-law -- is really indigent, partially blind and unable to drive did not happen Monday afternoon as scheduled.
Instead, Common Pleas Judge Michael E. Bortner heard arguments as to whether the York County District Attorney's Office should recuse itself from the woman's case.
Bortner said he will set a hearing date for the sentence-modification issue after he rules on whether the district attorney's office should be removed from the case.
On Monday, public defender George Margetas argued that because York County District Attorney Tom Kearney, prior to being elected, was Donohue's defense attorney at trial, his office now has
a conflict of interest.
The district attorney's office requested the reconsideration after Bortner, in September, allowed the 63-year-old Donohue be allowed to perform community service in lieu of paying her remaining $35,965.44 in court costs and fines.
He also granted a defense request that the rest of her probationary sentence -- which maxes out on April 10, 2011 -- be changed to non-reporting probation, so she wouldn't have to find rides to the county probation office. He made those rulings based on having found Donohue indigent and unable to drive.
Money at issue: The district attorney's office filed a motion asking Bortner to reconsider. Chief deputy prosecutor Tim Barker advised the judge that during Donohue's
incarceration, the Fawn Township home where she'd lived with her then-husband, William J. Donohue, and his 87-year-old mother, Bernadette "Bernice" Leiben was sold for $465,000.Part of that money went to pay off the mortgage and legal bills, Barker said.
But $180,000 was transferred to Frances Donohue's former best friend, who kept it for her, he said. Donohue said she didn't have access to the money, Barker said, but the former friend can provide a copy of a certified check she wrote to
Frances Donohue in September 2008.Barker told the judge that Frances Donohue received $120,000 of that money, while William Donohue received $60,000. Barker said since Frances Donohue is now claiming indigency, it must be determined what happened to the $120,000 she allegedly received.
Recusal issue: At Monday's hearing, Margetas told Bortner "there's a clear conflict of interest" in Kearney's office handling the case. He said he doesn't believe Kearney did anything wrong, but questioned whether Kearney has discussed the case with Barker and senior deputy prosecutor Justin Kobeski.
Kobeski argued there is no conflict, and therefore no reason for county prosecutors to recuse themselves, which would result in the case being
referred to the state Attorney General's Office.After the hearing, Kearney said he has never spoken to Barker or Kobeski about Frances Donohue's indigency issue. Barker said the same thing, both on the stand Monday and afterward.
But Margetas said just the appearance of a conflict of interest violates lawyers' code of conduct.
"I am shocked that they don't see it," he said of prosecutors. "It's a clear conflict."
The background: In September 2008, Frances Donohue was sentenced to two years of probation after being convicted of voluntary manslaughter for the 2004 death of Leiben.
Frances Donohue spent more than 17 months behind bars awaiting her first-degree murder trial. At the close of the two-week trial, jurors
acquitted her of murder but convicted her of manslaughter.William J. Donohue was acquitted of all charges he faced, including first- and third-degree murder.
At trial, Barker said the Donohues secluded Leiben in a second-floor room where she was confined to a bed and denied medical treatment. Leiben's body was covered in bedsores, several of which were rotted to the bone and were filled with maggots, according to court records.
Barker had argued the Donohues sold Leiben's assets and allowed her to die so they could keep the cash.
-- Reach Elizabeth Evans at levans@yorkdispatch.com, 505-5429 or twitter.com/ydcrimetime.
Read more at www.ydr.com
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