Document text
ll .92- *1
Record Request
FD-125 Rev. 1-30-75!
[:1 Birth 92:l CreditI U
Date _;L4/e=_____
QC;-iminal E] Death l:| INS [:1 Marriage-92= [:] Motor Vehicle [:] Other _______
[:1 Driver's License
To ,Buded
/92/LQTQ
Return to
Name and aliases 0 su 18¢ ,File number
<>°?4 -P6 ' é V7/4
app icant, or employee, and spouse
Addresses
Residence
Business
Former
* Date and place of marriage
if applicable!
Race Sex
Z. Male
Q Femaleb6
b"/C
ll
: /
1 ,n
,
A rAge Height Weight Hair Eyes
Birth date Birthplace
Arrest Numger Fingerprint classication Criminal specialty
Specic inform ation desiredSocial Security Numb er
Results of check
v
2
p
- " ¢?"'&§ /Lgargi
SEARCHED GE FQIM5
SERIALIZEDLl mo AP? 2 1 Use reverse side, if necessary! ii _ PITTSBUQ-'§%B:>.:
--_____'____;
-1-FD-302 Rev. 1O-6-95!
FEDERAL BUREAU OF INVESTIGATION
Date of transcription 2f 4 f 19 98
|Erie Insu
ice, College Park Plaza, Suite 206, Johnstown, PA
was interviewed at his place of employment wasadvised of the identity of the interviewing Agent and the nature .
of the inquiry regarding threats made b l
provided the following information:
a<1vise<1|:| Erie Insurance Iii 1
was initially involved with the claim against Carmens bvcW 0 esa e Tires CWT! involving|investi ation determined CWT was liable for Ehe damage do '[:::::::?]truck, at which oint the matter was transferred to ErieInsurance employee[::::::¬:::::::]for resolution.
[::::::::]advised subsequently£::::::1came to the Erie
Insurance Claims Office and wanted to file a c aim for lostwages. [;:::::] a self-employed contractor, provided contractorls
copies o invoices which reflected work lost as a result of the
loss of use of his truck. The of these invoices reflecteda substantial amou ey. EfE:%g::] added it appeared to QErie Insurance tha¬t:f:?¬Tbelieve e was entitled to a large .
sum of money. After several visits to the Erie Insurance
offices, a settlement was ultimatel ne otiated and the claim
settled for substantiall less than as se king. At the
time of the settlement,| |described as gritting his
teeth, seemingly ready to explode, as he s a e , It's always be
this way. 57C
[::::::::]advised in September 1997 he received a
telephone call from[::::::] The call was transferred to him bythe office secretary. Once E:::::::]was on the line,E:::::]
identified himself and, without mentioning the claim stated
You've dealt with me before, I found out where you,
C1 1' I ' t 'S Ian I I ive, m going o pay you a vi l .
stated when he asked, Is that a threat? , rrep ie , Take it any wa ou want to. At that point, ;§Chung up the telephone. I idescribed| Itone as stern
and to the point Furthermore, stated he perceived thecall as a threat and notified Erie Insurance Security.[;;:::::::]
lso notified the appropriate police departmen s.
//7 //% 0%.§a.;&/D W@~= * r err! N fv _,,,,,_,,m wInvestigation on 1./21/98 at JOh1'1S'COWl1, PA ' E
k#89APG~644lO nnemamm l[28$9&..*J?3*4- it I-1 v '
by rs: - :':Tes:::.~.:::::
This document contains neither recommendations nor conclusions of the FBI. It is the property of'th'eFBI=and'is-loaned ency:
FD-302a Rev. 10-6-95]
89APG-64410
Continuation of FD-302 of I I , On 1/ 2 1/ 9 8 , Page 2
[::::::::]added£::::::]1nade no mention of Congressman MURTHA
during the cal .
E;::g::::]further advised on two other occasions, aroundthe time o t e telephone call,[;::;::lwas observed in the areaof the Erie Insurance offices. n ot occasions,[::::::]was
d in the hallway outside the entrance to Erie Insurance.b6[jiiiffjwalked by the entrance and looked in, however did not b7Center the office. On one occasion,[:::::]may have visited thebank lgfited on the same floor as the Erie Insurance office.
further added his office faces the front of the
building, and he was able to observe[::::::]inside his vehicle,
parked in front of the building, and staring in the direction of
the Erie Insurance offices.
FD-302 Rev. 10-e-95!
F 3
-1- 1
FEDERALBUREAU M?D ESHGXHDN
Date of transcription 4 [ 2 O [ l 9 9 8
I Ilnmate Number D e of
Birth] |Social Security Numbe was
interviewed at the C ' nty Prison CCP!, 425 Manor Drive,Ebensburg, PA l5831.jiiiUiUiiwas advised of the identity of the' ' ' t and the ' ' r garding[::::::]
sides at Johnstown, ' i£I1"£ ti PA 15906. provided t e o owing in orma ion:
[:::::::]advised he arrived at C Qnl Iafter being sentenced to| Ifor IE::::::] A subsequent sentence reduction hearing reduced His Fsentence to 'nqe his arrival at EzcLiiiL'|L" ; "* CCP, he has een assigne to |
| | For a two week period in January 1998 while
assigned to] Ieitherlalso advised he wasltamiiiar wifh inmate] I who was assigned td I
seque |
add been transferred to andEr-T&*=ee=e~*=wassigne to prior to the t'was transferred to| land assigned to the
advised when he asked[::::::]why he was in
jail, related his problems were related to some plans he
developed. As a result of those plans, he was accused of
threatening Congressman MURTHA with guns and bulletssta d he never threatened Congressman MURIHAH [f2fffif:]
added talked about his problems constantl , however neveradmitted he threatened Congressman MURTHA.[:::::E::]related
advised, I have some great plans, plans so ood thatMURTHA and his people are going to steal them. E::¬:::]feltb6
the Congressman MURTHA, were out to get him for his planb7C
also stated he had problems with his truck, which he used
in is business. ated the engine problems with his
truck continued, and became frustrated and just wanted the
truck fixed. | adde Inever really talked about aninsurance agent, however| believed the problems with his
truck, in fact all of his pro ems, were related to Congressman
MURTHA .
Investigation on 4/15/98 at Ebensburg, PA
11e#89APG-64410 Datedictated 4[2O[98
by SA
This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency;it and its contents are not to be distributed outside your agency. /4 % ¢ r /=4 ,1' 45-54?/0" 1
FD-302a Rev. 10-6-95!
1 92-
89APG-644 10
dvised on one occasion while they were
was lock down confined to his cell. This ed ,
was a result of] |not keeping his cell orderly. [:::::::]
stated he recalled, on that occasion sat on a chair
outside the cell and talked with recalled this
conversation lasted approximately 30-45 minutes. | |added
he overheard portions of the conversation, which dea 'case. During this particular conversation,fiif¬j told
bout his plans and how he was accused of telling aninsurance agent he had uns and bullets. [::g::::]added he did b6EnfE:Efir[::::::]tell[::%;::he had made any t reats. However, b7C
did say he was ta en to see a doctor, given a shot, andthen was beaten. In addition,£:;::::]ilso stated while he was in
the hospital, he was shown a p o ograp and was told he would endup like MICKENS. [::;:::]re1ated to[::::]that CongressmanMURTHA had people watc ing him, how Congressman MURTHA and his
people w o get him, and he thought his life was in
dan ' h d f i n gTf::;;?§;fE:jfurther [:::::] a requent conversat o swith Generall Eifigiiould not even have to sayanything to him,[:::::fjwou1 just start talking about his
situation
advised[::::]had been transferred from [::::::]
before eceived a erwork relating to discovery in hiscase. added[::?:f:]kept track of ever thin and had alot of a erwork in his cell. In addition,[::f::::iadvised uponhis [::¬:fi:::] transfer to B block and assignment to work detailat the courthouse,[::;:::]said, They got to you, they will take
you over there and as you all these questions about me, don't
lie, don't roll over on me. [:::::::]added after his sentencemodification, he returned to C[%%ff%:i5:::::::huestioned him as be
to what had ha ened, to which responded his sentence WaSb7Qreduced. [:::;?%:Fubsequent1y receive paperwork regarding
discover h h 1' t d th witnes a ainst him y on is case, w ic is e e ses g .added when he discovered[;;::]was listed as a witness,
tated That little snitch.
»
é J
FD-3,02 Rev. 10-6-95!
-1-
FEDERAL BUREAU CF INVESTIGATION
Date of transcriptiolli / 1 5 [ 1 9 9 8
b6[;;::::::;;:] Records, Cambria Count Prison CCP!, b7@425 Manor rive en b PA 15931 [::::::E::::::] rovided , s urg , pcopies of ertinent information from CCP records regarding formerCCP inmateE:::::::::::::] A copy of these records is attached
and made a part hereto.
Investigation on 4: / 14 / 9 8 m Johnstown, PA telephonically!
F11e#89APG-64410 2% Datedictated 4115198
J ,
lw SH F
This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is lo ed to your agency;
it and its contents are not to be distributed outside our a ncjg W _ 8Z<¥»7g:¢é~rv-20-55
P.
1 - ' '
I x.-414/as TUE ems FAX s12 ssso Cambria Co Prisoxa 001
nf QMARTW _A__ KOVACS aumw EDWARD P. DESABA'lO_Warden 5 '_92 Depuzjy Warden -Administration
>4 =.=~.~m*||;#=*JOHN J. PREBISH. JR. BRIAN J- BRACKEN
Deputy Warden - Operations M Direclor of Inmate Service;
A Qamhrim Qavmnrig rismm
425 Manor Drive. Ebensburg. PA 1593!
814 72-7330 __
n
5
92.
Fax Number : 814-472-8530
I
FAXwT_1L§_A;[92_ISMISSION _
J [
137C
DATE: > 115/ fi7_5 . . . ..
SUBJECT: I | ,
PAGES: 5/5 ._ Including Cover!
If you do not receive all of the pages, or have a question about
this transmission, Contact us at: 814-472-7330./'
U -Lil U0 J-U UUvIJI P111}. OJ-Q $1 OUUU 92.lGU-llll -I-Ur VU Ll-I-HUI} __ r _ lvull
-» _ >_ .q _ ?
= r
1
92
-
1-'we I
Z _
w I
Lu/7</L5 //I/Ca/2 ca/24? iql | é' //4:6
y1¬Z////'7t7 Z{e1=.7 C/t//7% " g
c
Q6//Ma. Z1. /74 CZ-/4,44 92s° Am/4-L90 M/£4
1 I
r _i
r
5I
I
w
92
I
l vU4/1%/U0 .i.un Utli-Jr FAA. OJJ1 %lt- O-U00 92.1dLlll.11.l.q. uu .|..|..|.nuu. ___~g-.|;I,vv ____
q b
v. 6
CAMBRIA COUNTY PRISON
MINOR MISCONDUCT
IInmate-s Nam Date]-Z #9.. Time Z Z . 6 Q F1/1.»-92_
Housing Unit L Cell Number- Z 1Due to your misconduct of +- X r_
- £>J:1s~e._ __..,..<::=.»-~/' "77=7ZL@~, 4:» we ¢/we-.2" a~r- z' re/9_é_>_?j,1 $6 5-L--/_ _ ,H______ _' _ __ ' E?/c
you will serve a period of lock - down in your cell.
Time In 4,;-5: '45" /Z»92_ Ofc
Time Out // Q3; r/r/L lnm
White - Lieutenant Yellow - Inmate Pik - Gfcer->
FD-302 [Rev. 10-6-95]92 g W¢ |
-1-
FEDERAL BUREAU OF INVESTIGATION
Date of transcription 4 [ 1 S Z 9 8
JUDD C. ZIMMER, Chief, Clearfield Borough Police,
14 South Front Street, Clearfield, PA 1683O, 814! 765-7819, was
contacted regarding| | Chief ZIMMER advised[ihiif:fjcords reflected the foI1owing information regarding
12/21/79
L06
b7C
No disposition reported
5/23/9'7
Charges waived.
A copy of the May 23, 1997, arrest report is attached
and made a part hereto.
mwmgmmndi 4/14/98 m Johnstown, PA telephonically!
F11e#89APG6441O 196 Datedictated 4[l5[98
_ b7C
by SAI iv/92
This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and s loaned to your agency:
it and its contents are not to be distributed outside your agency_ or o or _ ' Z <9?/4-7bé~~é~¥4+/*~1-54'?
J. i i
FD-302 Rev. 10-6-95!
-1-
FEDERALBUREAU H?D@$THh¥HON
Date of transcription 4 Z 1 6 Z 1 9 9 8
I I Inmate Number Date of
Birth| |Social Security Number was
interviewed at the C ' Prison CCP!, 425 Manor Drive,Ebensburg, PA l583l.T??fi?:f??fTwas advised of the identity of
the interviewing Agent and the nature of the inquiry regarding
resides atJohnstown, PA.| iprovided the following information:
E::::::::::]advised that he arrived at CCP on b6
Januarv Z, 1223, :9 n serving] | for bypd his expected release date is V
urther advised on either
January 10, 1998, or January 11, 1998 he was transferred to
twill
remained in C Block for two days and on1 which houses
inmates participating in the Work Release Program.| I
was assigned to a cleaning detail within the unit.
| |advised during the two or three days he was
in the same cell with| |did not discuss, in anydetail, the reason he was at CCP. However,[::g:::]did mention in
conversat' h th b Th t t h t h ion e was ere ecause, e wan e o s u im ubecause he was running for Governor. E:E::::::::E%ad§f§{EEEE5f]did not say who they were and he did not ask. bé
further adde er heard[:::::]n@ntion Congressman MURTHA byb7 name nor didi:Ef:Efadmit he made any threats.
Investigation on 4 /15/98 at Ebensburg, PA
File#89APG6441O , Datedictated 4[l6[98
M SAI F
This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is oaned to your agency;
it and its contents are not to be distributed outside your agency. w'___ 3% @'é?~4/0» 7
in = D
FD-302 Rev. 10-6-95]
_ 1 _
FEDERAL BUREAU OF INVESTIGATION
Date of transcription 4 Z 1 6 [ 1 9 9 8
Inmate Number | I of
Birth| I Social Security Numbe was
interviewed at the C ' ounty Prison CCP , 425 Manor Drive,Ebensbur PA 15931. iadvised he resides at[:g::::::::::::]I qL1| has advised of the identity of t einterviewin A ent and the nature of the inquiry regarding [:::::::][:::::::::::§::iprovided the following information:
[:::::]advised he arrived at CCP on| I
followin his arre
with l:l b6
Iuntill advised during the time he b7C
ever discussed any details
relating to his arrest. did relate an insurance man
blamed ' r making threats against Congressman MURTHA. E:::::]
added said that he did not do it, but he was being blamed
for it. dvised never admitted to threatening
anyone and he never he threaten anyone. ard
advise also said he had plans to help
oor eop e, however, again, did not go into any details.Ei:::fjdid mention once he met someone at the incline plane but
a ain did not identify the person by name.E:::::]added he foundE:?::::]easy to get alon with and who appeared to havefeelings for people. statedEf?f?ff]appeared to like people
and would talk to anyone. When someone appeared to be down,
[::::::::hould help them out, and tell them You need a purpose in
1if¬. '
[:::::]further advised ccupied his time by
watching television and reading. added during the timethey shared a cellq E;;;::::kas not oc ed down nor did he say hehad been lock down w 1 e at CCP.[:::::]advised[::;;:]did have
some legal papers in the cell and on one occasion s owed him one
piece of paper. [:::::]recalled the paper may have reflected b6something to the effect the insurance agent saLd[::::::]did not b7C
threaten him.
E;:::]advised by way of background, inmates are not
permitted o enter another inmate's cell. CCP guards watch thisclosely and the cells are checked several times a dayz [::::::]
Investigation on 4 / 15 / 98 at Ebensburg , PA
F11e#89APG644lO Datedictated 4116198
W SAI I
This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency;
it and its contents are not to be distributed outside your agencyif p j_ __ 59A-1%-¢¢¢/W55 W
»,, C
FD-3022. Rev. 10-6-95!
89A-PG6441O
Continuation of FD-302 oilb6
1376 ,On4/15/98 ,Page L
d h not in their cell to keep the added inmates are require , w en 1
bed made and put personal items away, nothing_can be_left on the
beds, lockers, or tables. Violations result lI'1 the inmate's
confinement, lock down, in his cell for 24 hours.
i r--i----- :=-- - -- -- -*-~~=4~
FD-302 Rev. 10-6-95!
6". m"
_1_
FEDERALBUREAU XPHHGSTKHMHON
Date of transcription 4 [ 16 Z 19 9 8
I | Corrections Officer Cambria County
Prison CCP!, Ebensburg, PA l5931,| L was contacted
at his place of employment. was advised of the identity
of the interviewing Agent and the nature of the inquiry. [:::::::]
provided the following information:
[::::::::]stated he is currently assigned to work in b6
housing unit HC C block where he works the 6:00 a.m. b7C2:00 p.m. shift. [::::::%jadvised by way of CCP procedure,
inmates are not permitted to enter another inmate's cell, and,
additionally, when an inmate leaves his own cell, the bed is tobe made and nothing can be left on the table or locker.[:;::::::]
advised the inmates are well aware of these rules and V10 ation
of these rules will result in the inmate being confined to his
cell lock-down!, usually for 24 hours.
[:::::::]reviewed a copy of a CCP Minor Misconduct form
dated January 24, 1998, involving inmate| I
advised this incident occurred at lunch time, 12:00 p.m., when
the inmates would be out of their cells and eating lunch.
[:::::::]stated his normal procedure was to have the inmates exit
their cells in groups of six or seven. Once all the inmates are
out of their cells, he then walks through the cell block and
inspects the cells. On this particular date and time, he
discovered bed was unmade and there were items left on
the table. advised he examined the items and determined
they belonge to b6
[::::;;::]advised after lunch, 12:15 p.m., as indicatedb7C
on the form, e advised[::::::]of the misconduct and theresultin lock-down eriod, after which [;;:::]signed the form.[::::::::jgdded.[::::::jdid not protest or o er any explanation for
the misconduct.
[:::::::]advised the normal inmate population in C block
is between 40-45 inmates.[:::::::]further advised from his
position at the control panel, all of the cells are visible. b6
From that position and during the process of releasing inmates b7C
from their ce s able to observe the inmates as they exittheir cells. t2f::Ef:jadded there would not be opportunity for an
inmate to enter another inmate's cell without being observed.
Investigation on 4 / 15/ 98 at Ebensburg , PA
Fi1e#89APG64:4lO Datedlctated 4[l6[98
by SA | ii I
This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency;it and its contents are not to be distributed outside your agency. P ___ _/4 ' cs -é444o - 5?
FD-3028. [R¬V. 10-6-95!
W . '4
89APG644lO
Continuation of FD-302 of I , On4/15/98 ,Page L
|:|advised he was familiar with who,
at one time, had also been assigned to C block. stated
|:| was not a problem and described him as quiet.addedl:|was also known to be a jailhouse snitch, w o wou do
anything to et out of jail, and the other inmates were alsoaware this. stated he could not recall any s ecific, _ _ _ I06instances involving conversations between :andt| -97¢
-
-._g 92
" FD-5'62 Rev. 10-6-95!
-1-
FEDERAL BUREAU OF INVESTIGATION
Date of transcription 5 Z 19 Z 9 8
Congressman JOHN P. MURTI-IA, 12th c trict,for
P.O. Box 780, Johnstown, PA 15907, was
interviewed at his place of employmen . was aware of the
identity of the interviewing Agent and a so present durin theinterview was Assistant United States Attorney AUSA![:::?]
was interviewed regarding threats made by
against[:::::]and Congressman MURTHA. [::::]
provided the following information: bfO
bf/CI Iadvised he has been employed as Congressman
' |since 1987. In this position,rMHRIHA_sJ I attends meetin s and meets withconstituents on behalf of Congressman MURTHA. E:i:::]added
constituents have access to the Congressman's office and he
[::::::]attempts to go the
tries to help constituents
advised he
reflect had written
off H dextra step for those constituents and
who come to the office.
was not able to locate any record to
letters to Congressman MURTHAs
d f th rds reflected ice. owever,[:::::]a de a review o eir reco
two scheduled meetings with The records reflected the
first meeting was scheduled with at the Johnstown office,
on Tuesday, June 25, 1996, at 10:00 a.m. The records further
reflected the purpose of the meeting was idea for city and
surrounding area. [:::::]added he was not able to recall this
particular meeting or remember any details of the meeting. Therecords also reflected[:::::]had a meeting schedul¬:%%%%j::::::]at the Incline Plane on July 2, 1996, at 1:00 p.m. advised
this meeting occurred as scheduled, as[::::::]was insistent[:::::]b6
see his plan. [::::] provided copies of the pertinent District b7C
Staff Schedules, which are attached and made a part hereto.
E:::::] advised he went alone to meet with[::::::]at the
Incline Plane I Istated alre y at the Incline . I IwPlane when he arrived. recalle was wearing jeans
and a shirt and carrying a pizza box. also added they met
outside the Incline Plane and did not enter either the bar or
restaurant. [::::::] requested E::::]to accompany him to the
observation deck at the Incline Plane so he could point out the
Investigation on 5/ 1 1/ 9 8 at Johnstown , PA
Hb#89APG644lO Date dictated 5 Z 1 9 Z 98
by ii:
This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency
it and its contents are not to be distributed outside your agency.aw - 1% ~ 444/0 - £5
- FD-30'!ia Rev. 10-6-95!
89APG644lO
Continuation of FD-302 of I I .On5/11/98 , Page 2
appropriate points of his plan. [:::::]had drawn the plan on the
pizza box and proceeded to ex lain his plans for skiing areas andmonorails. While doing so,[:¬::::]pointed to the areas of
Westmont, Prospect, Richland, Johnstown Airport, and Galeria
Mall, and the location of the parks as drawn on the izza box.[::::::]advised after[::::::]described his plan, he [:?:::] pointedout tc>[:::::]<due to the contour of the area, the monorail b,
supports would be like the Eiffel Tower thereby blocking the bgcviews|QUQUUUUdescribed. During this conversation,[::::::]also
relate e would initially need $60 million to get the project
started. [:::::]stated he told| |he | |would need to
have a sponsor for the project, such as JARI, Johnstown AreaRegional Industries. In addition,E:;;:::Fuggested E:::::]contact
the Johnstown Economic Develo ment O ice and the meeting ended.[:::::]added, at no time, did%::::]state he was going to run for
elected office.
advised there has not been any contact, by letter
or tele hone with[::::::]since that meeting. [::::] added he
read letters to the editor which appeared in The Tribune
Democr newspaper. In addition,[:::::]advised he was aware of
subsequent arrest by the Richland Township Police
Department RTPD! for threatening people with a knife. He became
aware of this incident by hearing police broadcasts on his
scanner .b6
advised on December 3 1997 he was informed by kc I IRTPD OffJQQQqQQ%::] that[::::::]had made threats against his
life, as well as the life of Congressman MURTHA. | |stated he
subsequently notified Special Agent| | FBI, Jo nstown,
PA, and requested the West Hills Regional Police be notified to
increase patrols in the vicinity of Congressman MURTHA's
residence.
E:::::]further advised he owns a 1977 Gold Lincoln
Continental which he keeps in the garage at his residence. [:::::]
added he also has two other vehicles, a green 1986 Ford Bronco
and a blue 1988 GMC truck, which are his primary use vehicles.
[:::::]stated he is familiar with Carman's Wholesale
Tires CWT!, as he has purchased tires for his vehicles from CWTsince 1967. [::::::Fdvised he has no connection with Erie
__y 0 0
- FD-3OQa Rev. 10-6 95!
89APG644lO
Continuation of FD-302 of I . On 5 / 1 1 / 9 8 , Page 3
Insurance Company, Laurel Ford, or| |and| lof b6
[:::::::::]Waterproofing Com anv.| further advised he has b7Cbeen personal friends withi Iand for over 20years. [;:::::g over the years, has also been a contributor to
the elec ion o Congressman MURTHA. added he is familiarwith] |as well as ' ' his Chief of
Security. | Idenied any involvement with these individuals oranyone else in a conspiracy against [::::::::]
4,: Q ¬ IG A District Staff's Schedule
Subject: BC - Meeting on recovering metals from mine drainage
Place: CTC Environmental Center - Johnstown
June 25, 1996 Tuesday!
Appointments
Time: 8:00am
Subject: |:| ~|:|- Leave
Time: 9:00am
Sublect Mtg -|:|Place: 0 1obnstown Office
Re: St. Clair Road ood damage
'1-
Time: 9:00am
Subject: |:|- Field Representative -
Place: Connellsville Ofce
Time: 9:30am l
/- 92 . b 0Subject: | |- Mtg -I l wel Place: Johnstown Oice
l Re: idea for city & surroungind area
Time: 10:00am
Subject: I l Mtg -I I
Place: Johnstown Oice
Time: 11:00am
Subject: E Tour Mine Discharge & Rattling Run Waterfalls
Place: Apollo
Meet with|:|who will show him the problem.
July 1, 1996 l0:40am!
& __ J7 _
t1 or or
FD-302 Rev. 10-6-95!
_ 1 _
FEDERAL BUREAU OF INVESTIGATION
Date of transcription 5 Z 1 8 [ 9 8
E::::;::::;::1 Date of Birt[:::::::] aure For , 135 Ford Drive Windber PA I I I Iwas interviewed at his place of employment. | lprovfded
copies of Laurel Ford documents re ardin the repair of a 1983 b6_Ford Ranger Truck owned by[:;;:::fE::::i These copies are b7
attached and made a part here o.
/40M <>;@<iInvestigation on 5/12/98 //U at Windber, b8 ;
gt» /C
Pile # 8 9A PG- 64 4; l O Date dictated 5
W SAI ISEARCHED GE FOIMS
FILED .__
s 98
MAY"2 1998
FBI - PITTSBURGH
This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to yoilr g ncy'
it and its contents are not to be distributed outside your agency. '6734» Q-4,44%» /
r5
A 921983 Ford Truck RangerQWD 4-140 2.3L SOHC COPQGHT ALLDKH4
1-800-859-3282 V3.62D
AUTOMOTIVE REBUILDERS
1505 HIGH STREET
PO BOX 26845 RICHMOND VA 23261-6845
804-643-5600 800-900-3673
Part Labor Total
Manufacturer Qty Part Number Price Hours Charge
1 Labor Rate A 4.8 $192 00Description
Cylinder Head, R&R or
Gasket, Renew: B!
Inc1udes: Remove
Carbon And Make A11
Necessary Adjustments.
NOTE: with AC, Add
Total Labor Hours at rate.A $40.00 / Hour! . . . . . . . . . . ... 5.20
Tbtal Labor Cost . . . . . . . . . . . . . .., . . . . . . . . . . . . . . . . . ... $ 208.00
Information Access Charge . . . . . . . . . . . . . . . . . . . . . . . . ... N/C
Estimate Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... $ 208.00
1
Vi; . .:¢
Customer Signature Date
P _.
92
I1997
1 Labor Rate A 0.4 $1
Hours
I,
' 0
nun 1- * |||,|| -1
0
0
H3CENTRAL PARTS DISTRIBUTOR I:
!
U
0
LAUREL FORD ' .
101 THIRD STREET ' -
PA AS PER FORD TIME 5011010000
AUTH#R500s 00/20 290.01 0.00 290,61
TOTAL= $300001 '
, .
008/27/97
00002791
1'0 -1
Z$r4I|i___|pq-3 inunnllll I-1.-0......-.0..-....-...........--..0.....~..--1 ...-.1-1.».---.. .......................................................... .... -------- VI
': ;j'_.;.f 1 R _ _ 1010s111sa10|<0__1R0s1'-.~-3" "1" |:| O '"-GENTRAL 011010 DISTRIBUTOR - < »»-0.0! 1 Y ' ' - 3 _/ ":"IHZSOUTHFIRSTSTREET ' R ~ - ;.:
.-:f.='f 01100010110002 A ' _.,' ;_ 010014-010-0171 ,, - 1
Oit _ In-:1 nvlnnll "R i7_||qniIlnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn -1'
1:. ,I 3" rl v I I, 1 -
51.4.. /.11 . -1'1 92' - '5: 5'~:..1~.,_, .- :- , /| ,:' - _ __ : _ | - A 5.7000:/1W0,-HURDRRD NINETY81 01/100 DOLLARS _ ."{¢ y
5 A mi ' 1000001 E
';:_;.,.' 1' - 03/27/97 =r=1=1=*0mg . F 0.1010: LAUREL -FORD 92 ' $ 90 61 5
,gf'.0R0gR .101. TH}RD STREET 0 ' .19! . WINDER. PA 15000 .. I | -H I , 1. . .1 . /L ..' '1' " I . _ | v:0. 1' 1 1_ "1 , 1 - * '. J/n.1 0 -1 . 1 - 1' '- 1 1 0 '- {1r,.'_-i1'.:...'-- { - I , "' - - '1 .--..1»......m-11----....-1-0001.......1101 1- - - . ...-...-1--1..1.-.-.»...-1-.---um...1»|-.1.~-.1.|-~1w- ..- --1-.1.-.--1-....-.1...11.»-.11-.11-.».1--.1-1-1.»1-».-101..-..-1.-.-----..1.--...»..-M.-...-.1.»--.11".-1.1 1--1.-.----.....-.-1-.1...-..1...»..¢..1..|~ |_
.0 I
_ _ __
.Q 92
.2
LAUREL FORD 1 _
Telephone 814! 467-5565 101 Third Street
Windber, Pennsylvania 15963 . '
. _ -92
Central Parts Distributor
1112 South -First Street
Altoona Pa- 16602
<1/0 |:| '
In reference to repair order #27338,please note that the totalrepair cost was 603.15. This vehicle was towed into our sho on b67/7/97 at the request of erie insuranse company[:::::::::::E::]was b7c
the claims adjuster.Previous to being at Laurel Ford'the vehicle
was at Carmens Tiresiwhere attempts to repair the vehicle failed-
As noted on the back of our repair order;our92technician claimed
only actual time to repair the vehicle.Because the vehicle bad ; 4
been worked on previously,this made his job even more difficult. 1 ~
Someone needs to be responsible for paying- for diagnostics and . Q
related problems that led to the headgasket being discovered.
_ If Central Parts and or its vendor are not willing to pay us
only for our actual time investedythan the only thing I can do is
contact erie insurance and have them subrogate for payment.
I sincerly appreciate the offer of 290.61~but'feel we are
entitled to the full amount requested,we stand behind everything
we do in business and I believe we are entitled to be paid for our
hard work.
|Thank You I
-r92 -1 ~
"I,-"11I ?L92---'._,"VV_1_.1 |V_3 hI1o1rn11dSrréa1'""V _- _ "i "" '.{.§.y-111110111211, 1=A.1seca ' -";f - 111-1111111111.» I921la 1| ,11 .I-
1- ' '
. V
K 9292 I -:§» . 1 1'- - IT ' 1. " I.-' . I3 1. '1'".-'1 92_.____;/ . 1 2. "' " . i " ti _'-1-1'
I " T - 1111 -IL
, _..__.__11111,1111.111111 - pnrae rnF;rT>[_V_. -,1 .
-I ;'.1- .-.1'1' .11.
. 1-/V--VA92
r , 5
11.
,I-. -1-._I E1
. C". 1 < I1
- ,. .-,- V -' 1 - : V V . .
ITE VEHICLEI IFICATIQN N9. MILEAGE IN MILEAUEOUT YR.
1~1-11-1111111-1.-"-"1-. "1 ' N1 -I=-- IAPPRUVALICUMMITIINSTALLED
V1 111132 I ~'
'" " ' ' t'%"sI1eT~'-1- ' ' " ' '11- 0 c00Lr11as1arau_r1us11
. -1 .11 ' --
ca-1:
pas 1151.; -' r1_1e o1 _ » .
-IONE NUMBERS -
}ME 1" " U
1
JSt- _1.1»_ ,0.11
- -11,.
TOMISED DATE/TIME.V 1 DES 1, 1 1 a -
07079 _071Vb9Vr
0. NUMBERS - .-
92 1
.,e"- '1
1
.1-earm-~ NT" "I ' ,r] Iv - -1?:
- W
~"-"rt'{-.-1,' h
-" 11:1
-ll1-.1-I-'92.
11-.
I_r.
11
' " r --lT =11-_
"1 11:1"1-
. L111 It-1
1VV _ A IV VV V VV 1r1u<aVV V V 110021 V srocxno. 111svc.p11ra 11110111111: 110.110.111195310 -,'_ar=r11tu'. .V rn111:1<. 'ooo11r1eT_02aa.oa0.pa7a3e 1111 ._&1?11i11111 era.
u11Iue1mrrs.s:1rvrcs.1-1.-.111- - 1 .- 125111-1 -
1--.1-92 SIMV . PARTS .DATE MILES 111111 c11zc11 .
s-1m1r_Ac11ac11»1 . 1
' 1. .-- ' .1- , 1 . 1r 1 1] '.-'-,.1 .-;_1.1 , 1. ..,-1.1.11 Q1-T--V '11- ..- ..I'1~ .$.V: ,1 ,1 1-1'.
, . 1.-. 1| _- Hf-TU6VI».-
--1
-~ .11/; .. -" 1
IU MNFRONT END ALIGNMENT .- -. -11 T ' - -I1I"- . .
1 Ir-NI;-II "~ 1; W . - - '- _ __._~ _L1 . 1 1
4 .1COND. SERVICEAUTOUATII TRANSMISSION IEITII.1
-1_...-1-.~.i--
.V . V.
1,1 BRAKE SEFIVICE
VV,V,...VV- .V
..,
u1 -1r..1-- 1..1.1-:..- .1 . .1 1r92w J 1M, ._.y V: I1, - . _ ' T. .1TS ' -- - '1 -,.. -.--.=."1'f .1 : - 1 --T---'..y M L_Li.;;L'1%i;f§* r,§n_,.y"VL'<~#w%' VVV " 'fiF-7
-I 'V|- 1V0 VVVV V,-1 VV:, V 1-V A, -.
.f:1.. V111 111 I 1! 1 .:.I5.*-. I .1 -."-1-11%.--.92.1TT 11:31-N1 ' J . r.r!T»'.-.-.-~1~;.~T*.1
T IA V1 T- 1r.T'1f -. . ..I?':l1'.1S.-..1--W111
1 I . 3 *.. -.--1--117-". -*1 .. ---.1- 1-1:.." '=---~'.---111 .-:'----.1---1--. - '1.-1.:11:1.-.111.»-"-.:'.1---:--I-'-." 1- 1111 Mkgx ,' , 3113- 31 '4..| __ ..'T 13 -, ,- ,!. 5- "1-1 ,1 ,! V .-.1 .1 . ~.. _.. 111.. I. ,, ,1I 1 --. --1.11; -1 ~ 1 1 - " - 1, . _.~__' -1 .1 -11 -- I 1-, , 3 .-A1-1..." - ' --31 -,11 -I 1, _,1_1N< 1-A1}:-3-; -.Iy§1-1-; -T I-$.13,--.t.3!.I'-.~'-1.1-1§;f; 3:1, '1 -1'11 .1,-371 1} 11-1-3V1-. "11.-.-.111-11-.1-L...92.=.=.t-.1"-.13..§~y;-_1-I111 ' v -=1 - -'y'.11~1.1"u§T -,1 -1 1 11-!: ;=;-1. 1:-.11 ",' . ".1; .1} =--_1-111--.a1E!..1'=:. 1.-- '1 .1-1'-. 4... $3? 1-E1 -1-'11 1- I-1'1.-fl -1--:'-5 1--1--11..1l1~.--1' E11 71$ 111- M ' 1T"N TN; 11 ' I r'111-1* , 'HT"._1Tw MT. 1" '1' N ' N "L I T Wk T 15
1.1 -11-. -' 1 =~<-=- ..--§.'1 *. --. I .-:1] .-1'--.'--"11:: :1--. -- -" *" 1.1 1--1.---I -1- -T -r-'. - -.111U1--1; "T1-VQ1@:-11-.' I-11.;:1 W N1. 31*-T15 '-41' -'1-I.-.-1. 9-1-U? ""111 *1:--1-*1" 1-1" -111.1-1' -. "-;~ L 1=-,-.~1.-"+=.*..I§:1.y- 19 - - - . [~11 ;. 1 1.1 - ~ . 1 -1- 1- 1 .11-. - 1 1 - -1 1.*y,',1'-7.-3,--1, 11, --_-1-1p_WWIWTT11- 1 <1-.1t.11-1- . = " 1.é:-1.a-11II1'.1...1;- 1-51;-1... .-I'-.=.-.-. 1"-'1£....I.+1- .11;.--.11-E11£11.1I1£.5.¥~@ . 11:11.-.21;11'i?=--Mari. ..;:It~ 1*-i%:Is1:Ir1£1.-£211111%.?-3.1.1111- -1 I -11 - V V» '1 ' 1 - Vi 1 92, 111.1111» ;t,1,1I1,1 1JAM. _ 1 q R 1,; .92 . I 11 1 '1' . ,,1"!e 1 .11 VJ'- .' -11-" 1 -1-.1111"-.-M 11"1-.- '-=~~ I ~- 1-1 '11- -~-.-.:-.11- "-¥T-- - .-ha-1!11'=-1.-=i-11":--1111-<1-1~u1----~ . " 1-f1I..*.'.<'1:»1I-1-.1[??.T.?-I11-.1h1M::II.1.:-11..1-11:¥I.i1II£T11-£1§1:IIN-N115..."Tr5¥NIN.;I1§1I1tII-:1.tN1:1:-.-$IIi.11a 1"." I 1 .
1 1 .-Lu;-- -2-II-11"-1"-.3-I:-.1.1I1"~1;;.=1--1.11 '11,y-.11="i:1."-1'r.--'-.='92rI1$";.gi;*1*1*'~----':.--1-=--"-.-;" --.-_ -2;. .1; .-1-.1}.-11--;1-..j.11 1 "I JUN? 11'.-"'71-",~.~§7N 1--1. I1!-11" '11- " IN-'~17T,'1l1-='l" 1NT* -.1---r1...VlII"-'~1IT"1-21NAT? 13- Tu Ymui-*1 T- .-":-1~?.- '.~.-I .111 .-.='.-1-"-'1-=1--.*7.-£-"I "1-."1f»-'1'i.--II-' .1I".-'.-1-..111'~.="I=-.-A111.-"1 "-L --:1-.11..I-1.11.W1-'&1-1=-":;-1III-111.1+.:1I11- .- Iri-IL-L-' -2.11- '1TTI11".§i1=;1 I11TII: §'~.-:§"1:TI1-TIZTII-1§.1il8pIT1U.1I§1I;§"1u1-§1rII"%I%I-115a1I1¬*1%:-E..h=.r1~1::% U T --
EITIIBE TIIIE 1 [K9 - 1 ° I - ° re .-111.11 _a1.111
I I' . 1?-TI 3"":r-V 121221 11.015"/1=11<§ npL'r§-"-ct 21.1111 ~1111. F572 '1 11sa111111i -131181<ET"92r,11 amt. V
I -.31 1M.- .'
-.1:1'1._.-.1-1 -'
I.-PT '
1115- '
11'l'1
'|1Vr .1--I
=II;
. -{ta ~--- 1 -92' -.-'-.- -1. .1. W
" 11
_.....FILTER 7
ROTATE TIRES V*
STEERING, CNASSIS INSP.
1u1rsuPV' --- V
11111 rtshpuarna '1"? - 3N
I. 1-. .... , V ,. .1;
: I
r 11 '.J -1--~ L1.-1 T 1- H" '.,.
'."1. .1 1.1:.[A V - '92.V1;--_1,-._
. - -11 ..1 V 5;;-_.1,,V.
se1yy|ct~1n1r11ac111r1111r_"11"" l-'§- 1' 1
tyne V aura 1 f j
E13 r1a11r1rro11 | ;1 111111111111111111111 -.11- 11- I
E! 1. .. 1 1-- .1 ,1 Vi-1' V1 V 1
V C" CYLINDER; V"-REUI;-.- - .. _ 1-E-,~V1.
" 1:. 1. IG |VV V- V . , - ."" I -"N"':4'T
1. 1 1- -11 I .1 .! 1.*IF*I°1-I '45---5 ?. .1 1
,- .1-rI11;1V,92IIT|
V 92-__'-q-.1,-TI,A r? "N "1'1-' 1 1
I 1 . 1...,.,.
- I1-.1
- I1 -.
If;-....1' "IN
11
- 11. 1- 11.-V V. '1.
.4!;--~--'-'1: -' '--..1 1;_-.,92 " 1'l.
11VV .-If-;VVA1.1
.-1?1| -111
r- I -I.
1, .'.4{T~U F
'1 T
--113.11-" yVV. _-I-1 -.1 V -I,
V FTTUTN5:-;1~..~aS" N
=.-"1ii-'-;-f"""~@.- "1 I
1 T ~' Er 1 .--'1?
11 ._--v.1 -92 ..'1.l:'T1I'.~1.'..
-J1 t r.:11-1:. -~
1.l |1.-_,
IN 2.}1
"~'.'.- .rI.1..!.. .. 1 -97111I_V,V_ V V V V
'- .-- .1. .--.11.--.-5 . 1.T-I- UJVV V _iV92] NV:~r-= -.131:--1
1:-,-;1_;1
11'-
Q11 I 1*" '11r"'- -. -1'. Tu-..-.1 ,1 1V1: 7 I /I: .1 '1 1
" . 21';-1-1"-'---.-1.-I--=1 v.-~... .1. -11¢" - ? 311'*"~-'1.+'~rw-:1J ACCOUNT ,
V "-1' 1 7-
'1'. -"1 -' %.;-.'1r'1111111
Tl..-_W.V.. V 1.1p-u1y-;-,&,y1q1-..,._.._'__:I@c§1.-V11-I92.,V +:I T e 1' 11-1 ' 1,1 ' I , nrs J
ij'I,-11:" I,1! IT I 5I I... I .
VI
I
LAUREI.-.I=ORD_ _ *" - |II . II'6 -
I? -I-NI
II? I
>l£II'-v'~II>.-- I
,|4-I *I_I!I_-i .":'/III!
--*.III*I -". 3?:,I ._,;g I , V~.='1<*a-
TIII I
;92| II
AM
f¢iIIT'i
I
NONE NUMBERS
TOME
IU5.
ROMlSED DATE/TIME
* I H
TATE REO'D. DATE NOTIFIED
I " I I ' .
IO. NUMBERSI
VIIDEEDI-F - "~.: -.~.1-'II~.~:I'I~=w."r¢'r.>='v'.*I'=-"|r4~. I --. '1 I-I-II" -II?.I~ITFT.?ITI. - I. < 1.I I!E|[Qm2T;§I".;I5-T.;}IIrI¥I§:It~:§W7TI'-35-fI'1I%I:;?gI§-I%IMwT,}T;',, g'I':~ I'lf~I '- .. I*I: ~ .3 "".II~ ' ,-"_"I¢-' I';.':a' '.,-_"'_A""- "- ;-' II -I. -__. _ , . I -"II A -I I -I ~
|-.II'_='.-I'=.I-.-aII:~:I52:.iI:n..1I;II51:ml :I -I .'I ;'+' .1»-_I. II4;_ I- _ I35F0rdDrIve IF" ' I _ ' ._WINDBER,PA1593 ,. I'_ '
. 814 67-5565 .
' I ti 5 AVEHICLEIDENTIFICATIONND. MILEAGEIN MILEAGEDUT YR MAKE MODEL STOOKND. INSVCIDATE NT " RIDING.
F : I! '
* A ..I', I!.TTI*II; [NI_ IIIPRODRRII CODE A IIIPPROVITLICDPIIIITIINSTALLED DATEIwas, on. rum?-nrvi-1-0'1
DI I .
MILES.93
Ecuecx sxuwar sva.
umuu mus. BEIWI
TRIP CHECK
SAFETY CIIECK»CE "
. I .:. ' "P { },1"I'II'II-;II;=':;II. ' -Iv III
' ITIII / I-I-I I. -II3:. .hI'.- 5, T ' '&_II1- 'f " I :"I| I I. I - ' "Pp I.
'-. f '.
V
|IDDmnénsmm
WIIEEL BALANCE
ID AIR COND. SERVICEunwmmmmmsm ' T7 i
FUN
FRONT END ALIGNMENT -
"UFI TTRAIITEVEEHVICE
:i-M;
.~I II- 1. I'- fa-
5=i=IA"' ;."L , _i
M IIIIT5*'-' -II VT": I1"-.-I PT-: "AK - 3. I A. I I. 'v ' ' IIIIIIII ; I-~*I. *.I;I':-II~I..III.:I?I" -I » III. II ~ .2 Ir.-I:;I.I??I*.IiI£.m=I:I.I'II I'IIiI I==. I LII: I.I._I-TIMI" &I'.tIIrl>I!;'I.I..<. I .'~';;*IIv>1';' I " .1." '."'. I-I-;>;'.III :2 -1; 92II'; y;A' II: I'1FlI_'. :;Il~ -I ';I,~r§ I14. I"I;: I,j M. - I I I_.., ' -. P-1IL§ir}III"'II-gI"I"j,;':yIII""I": »"'I.* !/IJILTA I" "II AII'!LITI-;','-92. IM"I= TAT '.U,I1°'_ .1 I~IIII.I.I;I'. I/,II;,,;I~{»-I»,I~~III.-I-.,II II I I92 III1". I5 I < I *1 . 1 IT W I I! II; I 'I":A",.I"R,I; II'I AI "'~ T "III" WI"?- "=Il*'I*"I1iI' I T |iA"rI.+'&"l ,' l;'l I[I.>:T Pl I'.h, I'" * III .~'I "H|92I .. I__, ',- I 92I;'IT.II_I _ v| I 1,, ..» 1-lg, 1 .I. _ _,. I I I I __I~,.II-I.'IIi_'-,Ir_I=-.II'§. .:.T-IYI_I.lI:L,7II!I. IYIII. I-IIIIII ,.'|IIT'§m'.Ii'!.<"I_7IL,;:I_.TII{.LIIIID-I-..§LTLi IIIIITI ' -...*.IIIQIIIII.IIgI;=.I.III.II..III.I§II ~ ».IrIII~Iu
I l I I I'¢ :I'-. .=.-II_I-5.-I_I,I" ~' ',, I, . I I I I ,- 1' | mp uh .~ "' T. ' I I "llvPk : l.n III A ¢1IIi'I*"I'*I I-0 I92". - II~III.92n I 1- III'jI If I--J} 'Z.~;I II I0 III I3.
M I
Ii II? -_r "I A ,
nT' ""921 "'1'--*'~"' ~'1'-J WI" 1"-I:_.'I' - '1 "I:.=:--7' .=I'- I "I'.'.'I". 'I "- ='-.1 -I " ;: I. 4':'= 1.5% I I ...II I -I .¢ I31 -I.-II. !-.. I y . ID/-TA-'?*'¬T"'A1'AT~*r'*IIII I-I1 t*11Ii,I~LI-L"II"I."~-'IIIII.,I-.III -=§IL IIIL1I "I":5.I;+.q "RI" IIILIII Dd 1 A-II,'.f '3. '-II7'"».> I -III?-WI ! Ry II--_-,e..'I~II ~n" " -'~.~I- .1:-II -.-2" .~;rI ~:-;H. -I1-I1; -I L|92 I _ : -gfgv nitg ,- 1,11,! ILTI1 II I gI'TJiI ~r +;I|sI§II92A::,A,'*/ 3171- II;--I "I~}§!I|IvI ' :IL»-I, n,_;-'-92|.~._,uI92 IN; I_I_*II,$v-IT I . ~I'I. LJIMLDTLTIITI I I-:.- I ' '-I='i£.L..';-'.'ILIT-!.':"|If'I"Ziiléfihzml
lmueomE T I Inzreaé j12 I'I;I¬I._,ISI1"II'. -'., !1MI'-I A III ;I;-I. II£,?v1I_-.=*.1,IL ,I I.'g.IIIi;I',;I'-'*Ir. _5IA;§}II -----+-~ R-I» " '-' "-"' III *- I " .'~ ~ II " - *I*.- III" I - I ~31-~1- 13 ROTATETIRES I ~ '-' E 2 "I .I.t' =. - H; :"|I' ~* I I . Te fl '.-.I.=....* " " '
I I II . I II'M I-M-..*ii1I I TI '* III I; - - I Y» II
I11 .§'*~~~ I II.-I :*=---=.- M I. - .I'/I!
T A»-u~: "AQ - -Ll lg4 m. I Hm T
I
I Inn NJ. I. ¢Iu.|.I.'D.I-I'I|- -4 I-:-I"..1 '
I 1III-I Iff 1- I,"
A :'. - A "'y I194;-I
*'.I.=*-,. .- -"AIR FILTER
STEERING
TUNE UP I
AIM IIEADLIGNT3
uosas I sans
Ice omamou "bn:na1|ouo:Scn|vr|o|JSERVICEIIIHEELBEARINOCHASSIS msn ' -I
, I II -rugpavsreu I . I,
Y W I
» ANw~F
if .EIT-
INN
IIIAAIIA
-.'|:I_1
2.»
I' I
$3/I
IfIIIII?
I92.
9292
I.
: IIII "5 I
IT51Ix.I"!
-1IIIII. IEIM ' REPRBEPARTDR_LBDII -I I; I-1 I"- 'l L I J '
I
.1-II»
' .. I:I..;;I92.I -"I'-',
ET _, ,
T
L TECHNICIAN COMMENTS ON ADDITIONAI. NEEDETT NEPINRS
'9 Dec92%'¥..s&. w92@>WTi
L 99>/><wws92s FM cm 1-%¢924<
T "7 %=/W :"><a>e12/ma "Ec1>< - T-Blcworwb O1-L gm" -----~-----T--Em--T"T-- -'~-~--
I|2. RESULTS OF SERVICE ADVISOH S CONTACT WITH CUSTONIETT
92
" TNQUQTQMER 5 NAME .................................. W .......................................................................................................................... ...___......-._.._..-_._.-u..__..._.u-_w...w.M.w.-".._.M..m_-.__m......_.n.. W T.T
IIYT-IIIIDQIKMI-I-I! - - IlIlQI4TI4lll92M92 --.-W--...<-- - - -. I141 _ -9. -
' LABOR RECOITD ;
-_; V = ' . T
NAME *;§,f,* °,5'5"- war 51;; 1""-.1EcLoc.|< _-,1_._ .... .._ T . -._. m_T__T...__,__-__
W... ....... __...___
>.¢~...~..|........._.... .... .._ smar rurrius " ~ 1 _ -~ MyT|MEuns. PRICE n.o.uo. WE 1 7
0Ti'"_"'
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT -
TTTTTTTTT T...
. ........ ...
.... ......................... .._. »...........92 ....... ._. ......._..., UFF. . ............ ...~_
.ai..._..__.........__......
......................................... .... ............ n.........,. .............. T.MT...W............-...»............
TNT
M . ...... W .................. .. .. ......
............». ................... ,»....~.,~Oil
W OFF
................................. ..
. or-F ." on '
._....-...._...-----T-.. T----.--. .._.--_... -..--.-.._. .._... 92._..<.--_-.i,._ ----- .._--~ T .0FF
Ivunwnumwmwm ..... .<»- ~~~~~ »-»T$FI""'
OFF
..................................................................................... -4» ...... n........,.
6t_l_.......................__...._
7 - - -_ > T * T T 11.416 " covr
TOTALE zW+w E TM H mmua
. ;..~¢-, . . .._ ._.
C_,- -
0
ATE»
E019
STIMATED RTE717 7 H ' 7 '
- ~ LAUREL FORD
101 Thlrd Street
WINDBER, PA 15963
B14! 467-5565W srsrr, Xmmrra: amrr.rLr UIUII urruuao nrrrrrlrwlzlrlcryla rvrnur: "
I hereby eulherize the repair worlr Irerelneller sel Iorlh lo be done along wlllr lhe necessary meleriel end agree lhal you ere nel
responsible Ier less or damage Io vehIcIe or erllcles Iell In vehlele In cese oI Ilro, lheII er any elherceuee beyond your oenlrol er Ier
any delay caused by unevelleblllry ol perle or deleys In perle ehlpmenle by lhe suppller or Irenspurlen I hereby qrenl you undlor
your employees permleslon Io eperele lhe veblele hereln described on elreels, Irlphwuyl or elsewhere Ier lhe purpose eI leellng
endlor lnspeellen. An express meohenle'e IIen I: hereby eelrnewledged on below vehlele Io eeeurq lhe emeunl el repelru lherelo.
s
- veurcrsreno. ellrlsyyee 51' DELIVERYIJATE =1-;ri"*lLrcrsrrsr§IIo. 1' er ye MAKEAINDMODEL ,_':-/.:
ll -
nuounrneenovso enre rm? NAMEJ
SMOG INSPECTION NO.p-
Ill crrossrrererrerrcs }~;j_§_Ynre. NlIrleer_ryy»r;,;;yr4
. - OM13 j
DATE 120197
COLOR SWHNO. rrueenoursee
TI§I§I§!I16
IJTCB A 1
enyusuruerrroe HOMEPHONE
Iq-I
y .e.No.-musrorlansrerrnrune J DI-INSTUIINPR 15904CASH
nrseecrron rronrlr
U0 " -'-IBUSINESS PHONE
I. '-92 I I",
CUSTOMER N0.
yeenneae'SIIBI.I¬TREPIllII5 '-I.yIrrcé 60-NUMBER brick NO.yssurueeoez I LABOR RATE PER HOUR92- I ' I .y _ 92 rnollunrm92 I
$ 41.00 L O
COMMENTS:
my I
qr 92
25.'
Q"
, -.'_l,
1
lT "Ht"
- Llreoly |IIsr_rrI'cr|e J.- oPeIrlIIleIlc0eE eIaserl|riIIriIIT- re ~ -
crrrzcr< FDR err. LIEAK8
arr, ¬>g>%@I92»yr-" easeI .- r -Hf ~11. .....e3.<u,;rrw..":y,'er,-rem.--'.' -.-, ~'.we: '- I-Ir? KAI-Y .JIiM. IY21IILI'IruIr.'c-.: .IlYeI%=
, .
K I .
_.,; '_ ", I
r
I 4 - r , .1 ,' *1 -. 5-rv-I__ - r. = .,r . yy-.. r,-rr .4--4» --1 V
- ~ >. ~_.._- _..,__.__,....;..:..g .v__. . . ,..__,. .____ .__. I . _. ._ ,_____.____. . _.'|lr , r
*3
r. : =z.. ;.r.:.;..@-I up-..r.~.i:r';-.;~.r ".§@92";.ii '12.. r "I. . I ='
r re. ~fr'Iw-~.~'.*,-I"FrArr.-bl':!r..l';:'§_E-~'~,} . -"I;§~'"=* ~.~'<=:e-1'-r !=--»--we .---- -er -- -. ..-Iv-J.-»»I'»L T2.-Ia! ,.'r.r'l- l~lrvEll92I'IInN92TNI 'l.l ,~,-N51; .l,vr --..-.1,-J1»§,.:,rI.Is-nrllrp.-~y're;$;Iy -.. , ,Ll92Y,_r'..n _
IllErI'<1PE6ITIeNwvE IIIESBHIPTIOII ;*:- -I I" Meeblrrsrnecrrorls . , ' » eves» 14 STEERING,CHASS|SlNSI?.
' runs UP
~. = -,6 I A. , .y I - r X IKTZ I361! 22> S'II'~/yvl gm >9 -Jay -".' lay-yr~ §;~»yr> rr ~I.: 1» » Ir 1 ".92~r_.t.',.II 2: :-em/M L 9292»rlA4'n er. er nI»- 92 I lr M U I ru -;-.-I _'I. " 1" .," " my use * e---6" raw IN _ er lureulrlernleelrleeeeseer-|rrr| .el=zrIrrrrelrcoee-~ |-er=,scrrrerrelI=-I i _ LIIeoIIIlIsTIlllerIIlII§_ 1* s . I"i ' by rree : or COOL!
I 1 I
L r 1 , . ,1. *1 , ~ l 4lIl|" Iq ';.r= ,. _yr".y._ r,_: M, | . ;92'.~! .' - 92_ , , ., v I ' k I A p _l . -r .. -1' H in l.>§- . I-en. mi. milieu: In - -.1, I! L1 I, L I-, . . I <92 r I ' 1re
-_~.r==--':.=;~e'r*.-' 'r-r"=-"r=,r'-1";*,=r..=~'1e.zu.me1. '1.-re -r.~:= -new =-. 1:: I »-r " =-I-» ;-m.-: - 11,- "' " """""""'"""""""" ""V eI»IIIIIe':I.lrIreeTrrsr;rr 'I,IrI n;unIel6eIIb~eIil:rA - 'I-.~.rrN=.rl '5» In r.rrerr~iio=rrer'b'd:n-IrlI-:.r erurlmr.
Ina I UPEHATIONCODE ]InEsoI1ll?TI0II» ~ - {j __ _ . _LneeIrlIIsrellcrIe'rrs _ _r - A rye:
er. ' T;-. n>~ :1,-u,» ;-.~;-.-r ,-.I.uII5I 5-=-yxl§Ir;}l.1 n1=-' 9 . 5 .~ 9 ' ~' ,r:.ly."y;u&'I5':;.*;.§'*y'.::I:~'>12¢-INI?-N,=§*I;FI-!~»<;!'rll ¥ey??EY'NI"r:=,§y '~ .4'- -o~i',y-=.~o, .".¢*r;~;-..r.'rzl»»"§- r yr ~% - - ,N:-. J A1 ,-, r ., _ 1,, ,_r_ _' J A 2? l'I'I.:-'61, ,._»u.'.; I ;.."||92. an V .=,'||4 J; ;_~.'>._' V HI Ira .K h_,,_|r_.III y WQIII re rm} I ..r.~'; -'9;-;,~r_;,, I3" _"! Inéyjéj.§h:;r;_l§§,jITF§,*:Ii}];y§¢r.rj;;2i4f2I¢Ier;$.'Le5r.yrl,_.-EbTECH. NUMBER ._92 1 | 3 IDOCUMENT NUMBER- I
I TYPE RECOMMENDED MAINTENANCE
OI LUBE, OIL, FILTEFII
ff 02 crrrscrr EXHAUST svs.
MANUAL rnnus. senvroe
I" Ir ,1O3 r
E TRIP CHECK
SAFETY CHECK
NC SYSTEM FLUSH
~ Ob FRONT END ALIGNMENT_ %" be wrrrsrsu enueroe _
re AIR cone. srsrrvrcra
BRAKE SERVICE11 _E AIR FILTER 6'
I3 ROTATE TIRES
15
16 AIM HEADLIGHTS _
I7 SERVICE WHEEL BEARING
I8 FUEL SYSTEM
" HOSES e BELTS
8___' ' I -1
T0~..._...~..-.......-mu.»--Q1---_-_-.----m--.-_-.--.-.-------_-------1
W W "T./xaonnsconu , ANAME 1*-§;'§L< °{j,*§f- wear ,,f,'yj,§_ m.TEcLoaT<
. sfnmenr mrnms ' -. . ""'-_'TIM_E!4_Fl_B- PRICE 5g._uo. mg OFF ' ;- "."§_ I. 9 rxyg 13 '..._.........._:._..O-V '- nu? n ' , ............. ..| 1 - '1 lwrl, CUSTOMERS NAME __ _T _' ____-_ *__h_ _ j T ------------ ~-
srrweur rmmrs ow, 4 Q.,T!ME HRS.! PRICE H.O.N0. T nus :1 |;T| U! ----------------- ~-wn. ormo Tif . 25 <Q7~ i<T/, LON* ' or? ""LiT' IF "swam FLATRATE ' A I-1 ' " """"""""""""""""""" '"
' . mas Rs. PRIDE n.o,uo. T__ me , ,|I'1.wscnmcmncommsmsounuummmnsauaunepnuns H T" 1 mm mm I i_M_ ________________ __M %QM%|@1_*__| 7<* STHTTIGHTTT FMTTTATE °FF w " IQ;V'|'|MEJHR3|! PRICE W RQNO. r ,_' W ] TT 92|||T' . ................................ M mm omuoo. 2 0L0 25 IQ 7 mu , .....m.--........~.-- ......
snwe am T '- ......... _.._..T _LL: .HT FLAT on 1 |rnmsuag. p»1;1 cs___Z T ms | .1 T, £1 1/1/W 2ST»? W [TNT .!T=J.LJ '''''''''''''' M
YTFAIGHT FWWE ' W m _ U ' W an '__'
1 "9 CE R o no W _..1 T25"°|i<2"i1a3/I 1 ; 1: ;5IT'|T .................. II
2. RESULTS OF SERVICE ADVISOWS CONTACT WITH CUSTOMER I ' I-7"
T,,, ,...,.-..__-.
OWWGETTN A/0 WT T A %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% II
M J .......".___._.._ .._7--_ _.__._.._-m____.___-. ___
' 1' 1 ~~~~~~~~~~~~~~~~~~~ »<- ~~~~~~~~~~~~~~~ NW- G; ON" AA/4 B[a,JrJ Cq eh ................................................................ ,,.,5.i_..F .............................................. ..UH l
D , ,- T3 11 1% .00HHEOTEO ne 25* gm ZZZ '1 .I . @413 H640 _ _ M! 567" mm/5 + mmvmd ' I % ~~~~~~~~ **** W
DH
............. ......._-...-,
V r ' _ W ?____ iI um 1- -:<»::r '
TOTAL
+ Dim !
T - -~ ~ - - - -
. 5T MITT
W E l
|l.|l|1|-I-ullllulo-I 924|92ul||lH||Lnl |l r| | on I --| U
lhureby aullronzo llre repair work lroroirrallur sol lorllr lo no dooo along wllh llro nocossrrry rrralorlul anrl ugruo llrrrl you aru nol - - LAUREL FORD , I}! rosponsrblo lor loss or damago lo volrlclo or urllclos lull In vrrhlclu In orrso ul lnu, lhull or any olhor crluso boyond your control or lor
92' , Skeet llnydolny caused by unavallrrblllly of parlo ordolays In part: shlpmanls by lho suppllol or lransporlr.lhoroby qlunl you andlor
your employooo pormlsslon lo oporalo lno vehlclo hllroln derorllrod on olroola lrlyhwrryo or ollowlroro lor lho purpose ol losllngW|NDBER, PA 15963 andlur lnspeollon. An express rrroclronlo: llon lshoroby uckrrowlodgod on brrlow vahlclo lo secure lho amounl ol ropolls lhelolo.
T
l _ V yarn! nor-sons my f |
rls ' VEHICLEIDNO. r~..._ ,y,.;* -nlo¬*o:rry'E*rrrr>lr§r* LICENSE NOJ YR rrrn'a*nn'orroorérr E T ' orrossnsrensncs FLO. NUMBER le-
ZQ7? I I 9 URD TRUCK ' - QQEZQQB »
797 ,; .711:-_r .:*»1r,.f; rd . F -. I. :l
TIMATED REPAIRS Q , QQ " f _ DATE O70
- AAMOUNT APPROVED SMOG INSPECTION N0. COLOR SWH N0 TIME PHQMISED
-' _. _, PAYMENT METHOD HOME PHONE
Hf
' - '- _ , INSPECTION MONTH BUSINESS PHONE
rlsrnysrsrorrrrrr. A Jo1rN9r0lrn_ lF_H,__15y9Q4iM L no.Nd§" ' soalrr'nunry'; .r r'_lr}ylriy;;"T~ P. 0. NUMBER CUSTO EHNO. STOCK no. SELLING cooa LABOHHATEPEHHOUH TAGNUMBE
ooriluoonw o soon " I"
, COMMENTS: ,~»....M TECH, NUMBER . DOCUM NUM EH
' 92_ .
.! KI L {.-$1 . . .»no |r ur=larrllr|oncoor'a:"| 05§cHll5T|bN3 'r"__"-I_y. _j » ' ' lr'rodrllLnsrlrncrlorl's ' ll E ' me | naoonrrsnusonnrnrsnnuus .r
- /332» , !/- r3 9 or LUBE, on. FILTER _
-or _ VEHICLE TUNED-IN / N0 START F472. és'¢5¢/9 02 CHECK EXHAUST SYS. l _ . , /-Jz2~é.ua5"f/2 on MANUALTHANSSEHVICE _
1 I/NT ylml
rub-%,.
j i
1' TH ' T Q ;t . .- ' Bi______.i.TH'P°HE°'< __
. ;'T~w92|N ,.-=r*,'~ 1,2; km-§_~.~r 1 . *' 5. ; .~- .~ _ _- .~ .55. -.-r: . T. 1. °5 5 ETY°HE°'<
I ";_,=§"~ _ ¢.1~92y- r-j,_ :4" <;5.'*y;_,-;_ Y-92_o~:'r»; 51'» rr g,;rv_»: :15; 1 e g -Q !92_ M _l_r~. If -,". - rv l . . - _y;~ " 1.1 y lr :9 n onrrlornnnnnononsEnv- -»
Mr: " 0PERATl0N_0ODE DESCRIPTION l- hr ll-L. T *7; Lllaolllnsrlruorlolls ~ ' : '- 6-"rllPL' - or, Hr .r - r . . r r__ _ _. -, 1..
. I r ' 'r y /M.-_;_,, y, Z , yo, -~ DALIGNMENT 'i Iy ¢- lg .. F _ L -no WHEEL BALANCE - __.rji'l" l - ' §92zyyb ' W 1 A COND. SERVICE 1j -I _ ~;._. y I A E L N3 '5 ME KESERVICE E _
. 1'7 L 11""-'1-'17"?W2"zfi~lIél*" '->l* "_i,i5" 1 -' ll" ~ '1"" ' , 12 AIHFILTER -- l
' r..;§:T'f;~.:r&r':Ta.;oNl.£..N1.Tl::92-MNL-N..1.l§ig1r»!%92:;flNg§E-NH-£rN;Ef?Z£l-L1r1TKu.:...§§¬N~:JH¢T. .l1rr,.tnn.z.rl;.1Y?rLru-r;..;'N-..£,.=ri:o=n-..-rr.'- e.lIl;1:»;.y. "III-L92!;'-'|T:I'.o. 13 ROTATETIRES
NE"v|r onrannrrollooos |oaserrrrrrorl' .r * T l _Lnaoli}r;_srll_ur;r_lorrs ~_~_-;_ ;_ _._ rue - 1'4 STEERlNG,CHASS|SlNSP." X 1' "' wo my 1sTUNEUP92 * oo gym _ 1 16A|MHEADL|GHTS , .,- T M NW. 1 HTFZTLLL 4»-rm
r | ,v,- ,, _ pl _-3 . .,r_ E Nu:-T '_~ln- ..?-;.!.~N]1-Mr rr 1 " rmwf, ,3 |l l,.-- r - , ,|V :i'rf'ur*.:~rr;5.§l'.5-'i=LN'.92.' n.llnr5.lnnlo.=r,l '"l"rr'§rl§§$rloil; ;rlr§léLl'=3r.llul§u; l1:.lr£llull;= or JAE§;.lNl5£§;fN£lrrr.:§:§1' llnn r..rna ] _0PEHATl0Nc0llE~ l olasonrrrron - ~ 1 - Lrloorl nlsrnucrrorls - _ ' rm if 00 '.9292 - y 7 .-y-
1,. -. »-.~ ---' ' ' #:-I L -' r-mo . a H I. . T r ~ . .. -, : - r'7 "1 1 ZZZ?T -;..u=£-r=r=rnur;.lr-oolrlroyggirl£rn%l£lrTol'?""rr"~ ll-r-.»';.-QA:L.rr'=Elrr.-.-T o-}3i=lr$ -3=$T£§irrMull. u_ , .
., _ ryl_- o........r___- - -r_.-.¢...-_- -__-_- _-~......-_:__- --~......-7,-___~ "TL-1......-__ --...l....~'.'-L.LA_-....-r._...-.-~-----r-::- ~ '-----L o r E l---~ I =---='~==~ <F '4
92
i
o oi
ro-s02 Rev. 10-e-95! '
_ 1 _
FEDERAL BUREAU OF INVESTIGATION
Date of transcription 5 Z 2 O Z 98
lforCongressman JOHN P. MURTHA, 12th Con ressional District,P.O. Box 780, Johnstown, PA 15907,Ej%::::;::::::] provided a
copy of a letter received at the of ices o Con ressman MURTHA.The letter, dated May 11, 1998, from[:::::::::i:;:]was received
on May 13, 1998. A copy of the letter lS attac e and made a
part hereto.b6
br/C
//.>§*' *-
:|/Mal?/1003.509.. 51 _=. RCHED cs / FOMSIn Q a 5/l3/9 tJohnstown PA b7@ unog gm§§W£::: ve ig ionon a ,
.___._._.:l.»>._.:
Fi1e#89APG-64410 Datedictated 5 20 9." : _
A '
b S
This document contains neither recommendations nor conclusions of the FBI. It is the property of e F I an oan d to j/4-iii :
it and its contents are not to be distributed outside your agency. '
h" _ W i Ml. _. __ _ _ _ __ __._i.
i _.
=05/1:1/as 12-5,, .5-1 4 539 1- e229 cons. mum-HAas @001
Honorable John P. Murtha .
U.S. House of Representatives
Post Ofce Box 780
Johnstown, PA 15907
814! 535-2642 -
Fax: 814! 539-6229 .92 Internet - http;//WWW.h0use.g0v/murtha/
EMail - [email protected]
FAX 1
TH I ,>§}e=,_»,j,ZZ /ézémdiFrom A I I
of/go ;,@ s f K
} Regarding j j i
Fl *5? 41? Jficg EX??? on _
*__ Pages i W i i IncIuding?C*over Shjeetij
Notes:
FD-302 Rev. 10-6-95!
v 0
-1_
FEDERAL BUREAU OF INVESTIGATION
Date of transcription 5 Z ]_ Z 9 8
[::::::::::::::] Prothonatary, Clearfield County, E§CP.O. Box S49 Clearfi l6830,J[::::::::::;:A was contactedregarding I Iadvise a review o is records
reflected several incidents in Clearfield County, where charges
had been filed against| Iadvised copies would be
provided; however a formal request by letter would have to be
submitted.
[:::] in response to a formal request, subse uentlprovided copies of appropriate documents regarding[:::?:::::f::]
These copies are attached and made a part hereto.
6/
l4Wl+ 1 dO@92
8914 ~-pa -444/0
mwagmmnmi 4 14/98 atJohnstown, PA <51?!D i____l / ILEFile#89A-PG-64410 lggc Datedictated 4 30 98 _-W. I
h4Az 2 9 ;:;93
/P p I5 -L. "' p I
This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to yo ' I 2
it and its contents are not to be distributed outside your agency. I
rtment of Justice
l'S¬%:%?1"§.§-§_ ?fiT
at. -or. J.u~sc£¢o
1: 129- __ I I
3213 5.92:»: J-5.361
:=u==ssooQ
44
hf:-.="@1@.13 K1g'e;~"a§.;1 FBIU.S., Dept. of Jus*1o"' V *5P..O.= Box 129 _
Johnscown_-,1 =Pa2-., 1590
Avmi ,</J
/,,./-~¬g92~
/C
"-.s~
92/01°./3
/939 /59 0;/IV 95
'9 //7'4/9'a!00929];9
194,0?/' 0/ -,0
b6
b7C0/1/7 ~9892">3 3 : .1 -:92.92 -_-_-. r -Q 92 . Ad .._~_<92__,_a ,_ _ ,,,_____Lu.-92._:_
.1, 1- l _1-, -._ . '~_ ,- ~§
#52029951 T ,-92s'1;29a} J "3 5- 3"BEE Q 92l / __,,."4j-'- '_'T_'_TT"'."~,, :t."..'~_J-5;E§i-w I, J 0000 Q.
fiiiii} 4
»/ ,. Q Honorable Jonn I". Murmu' ~» V U.S. House of Repgentatives
Post Ofce Box 780
Johnstown, PA 15907
814! 535-2642
Fax: 814! 539-6229
Internet - ht1p://92wvw.house.gov/murtha/
E-Mail - [email protected]
fx
§ T°= ;9'>E¢= o»4@'-o'~oo B1
92 E3;
A F»-x#= 7 53¢ - 5/07 A e
* liigr. M
[ DA'1'E=|- =2z~.<=>'e¢e - *"~..
_ R151 t c?:/192 é:',_¢¢!:',s'/:>'/v.4~¢- $¢'=#¢s~;7w._a
mags: > 3 ,,im_:ioding cover sheer.
" " " "o" we M
7-/ea? Cd/v ¢.aw;rm/4/1/r Saw/9 M-4'
Xmoms; ._/¢/$1" /Z-'-W»/we A
IEiam. _.
x 92,~,92
i92 "1 Y}
v, J
Murtha, John .
Monday, February 16, 1998 -
8:00 AM-8:30 AM "
Jtown Office! Mtg ni| |
8:30 AM9IOU AM
Jt0wn Ofce! Mtg| BT14 I
9:00 AM-9:30 AM
JtwnOice!Mt 04 | dM |:|0 9 F an r _814 472 3001 b ,_ =
O
9:30 AM-10:00 AM b7Ci Jtown Ofce! Mtg Mr Laurel Tech - |
11:00 AM-12:00 PM
ve, Latrobe! Visit to Emergency Room - Latrobe Hospital i
D Medical Director
Tuesday, February '17, 1998
9:00 AM-9:30 AM
Jtown Ofce! Mtg Mr| |et al | |- Ext 11 W
9:30 AM-10:00 AM , ~
Jtown Ofce! Mtg Mr| |
1o;0o All/l-10:30 AM
Jtown Ofce! Mtg Mr| | M,
10;ao AM-11'00 AM C Jtown Ofce! Mtg Ms Ex Dir and Mrl |Fin Dir - '
Community Home Health Care
M 1:00 PM-1 :45 PM
Kuchera industries, 345 Hillside Dr, Windber! Press Conference - Official kick off of Raytheon
urfacei gaarcg gadar Coast Guard and Navy contacts
|- Dri Mill be bringingM Ms] |EX Dir of DVR for PA 1
0 Wednesday, February 18, I998 -
8:30 AM-9:30 AM
i 95 Country Club Road, Indiana! Breakfast - Executive Cornrnitle - Indiana Chamber of
CommerceA 00ntact|C I I1 Indiana ountry Club - 724 465 5322 b6
6:00 PM-7:30 PM MC i
- University Room, Living/Learning Center/UPJ, Jtown! Dinner with Dr and Mrs |
8:00 PM-9:30 PM
E UPJ, Jtown! Attending DAMN YANKEES! - Pasquerilla Center for the Performing 1
Arts - to be preceded by dinner - further details to follow l
i Friday, February 20, 1998
Printed on i=na£y,i February 13, 1203 efii PM remmsmo! Easiern Time us s came! A " Page?
I00lT>1 ll" VH.1'.Hl"lIE '5!NOC! 6389 689 TTB TE Z9¢'[T '86/ST/30
__ 'li I
,___ _ __, . ,..,7 WM...I.-"mi". ,fiih! 'E --.==-i':ii1 "I ==iii* Fair-:1->';.'**:"t*"=a==ii155".' "...::' -.31; Iii}. "~.- J. '-:7. ' = .='=-i r" ' 'i -' _- ¢=*..=*-u.-.53?-" :;"'1'.=-= " ""1: .=-=1 ==-=;=-_--.- I.-.. =-Ti-.1. .' " ;.. - * i.' :;.,;'_§ .....='.-. ;'_-;;__§"""'_ =-__',_:.. - = __ _ _ , -¥_§_-'1' '-l'_'_:__.-_ " 311-115;;-_ E.__:- "_:;:ii;-13:15:: ;,_._-';;'_" J'.;lI.!'I =--___:_f_._ _i!.L:'l2I'l' ,:. ._- *_.;_.L_-__i¥ :'_,-,,.' I".?'=_Z:..... . .. _---'--;_- L _ _ 12- .-__ ;_:. _ :':3.'.i-i-=1~__ * _ "gg:-,.-i_ l|:"' = _l_-E.1'I %~4-1--;=';:_ -_ !r"':.:::--I1--5' if 1:-;'|-,-.1;-'-" .'_. ;.||!y:':<_ - -1;;-1-.. 'T-"-.-- ;' ""' = .'=..'- -"E1? ". . '= =- '.'L'§- .l!'LL"!"" ,.= " -;:'~.==: " .--.13; j--=:-in.-,_ i -. _ __ __ , . 3'1: 9- _.M.»_-;__.: ,_ .r. .Y. |ll<II- -_-;_-,- ......,.|_=_ ___._.-_-. --- .-.....:,___ _K--: 1: -~ .......:...- - : -- ' ~ - ' -' - - v
8:00 AM-8:45 AM _ _ _ _Depart Union Station on l92/letroliner - Club Car - for Philadelphia - Arnving 9:43 am
2:11 PM-4:00 PM _ _ _:11 pm! Departs Philadelphia on Metroliner Club Car for Union Station arriving 3:59 pm
Saturday, February 21, 1998 '
12:00 PM-1130 PM
Army-Navy Club, Washington! Originals Luncheon -
4
l
'1
v
l
l
Fnld on rénuay, Fabru-my 13_ was Si 1:42 PM Givrr-niuu! Easlam Time us a Canada! Pal?" 2
300?] .I.[' VH.I.Hl1IlI '5l92IOD BZZQ 689 V19 IQ: Z§5TI 96/QT/Z0
A __
*3
a7 -_~_m- i ~IF--_ _ _--IIIIIpm---_--------p--____~_*_--I--I--»_
. . .'...,-N _ . ,. . mt, -. e -_n.,_-P.--.-_ - e ~ _,'-"v >. ~.,.1..,v v ~92 - 1 ..
I
' ' a i-
p , p .. _ , I - Tuesday, June 2,1998&---@
u
|
mentsmadebythemanaccusedofthreatening
to kill U.S. Rep. John Murtha, D-Johnstown,
because it's unclear if Donald Lee Fenton
understoodhisrights before hestarted talking
with police.
The ruling, which could weaken the prose-
cution's case, suppresses statements Fenton
made tollaw enforcement oltioers in December
1997. - .
Federal prosecutor Leon Rodriguez couldnft
be reached for comment Monday.
Federal Public Defender Marketa Sims, who
represents Fenton, said only that the ruling
speaksforitself, g ? it l
Three police otlicers visited Fenton at the
Orchard Hotel on Dec. 3, but never read him
his Miranda rights, federal Judge D. Brooks
Smith said in the riding. Fenton allowed them
to enter but likely did not feel free to leave,
Smith wrote. .
Stonycreek Township Police Ofcer Kevin
Price went to Fentons residence at the hotel
with the hope of detaining him while they
waitedfor ollicialslrom Crisis, Cambria Coun-
tysmental health agency, Smith wrote. Fen-
ton was then taken to Memorial Medical Cen-
ter for a psychiatric evaluation.
The day he was to be released from the hos-pital, Price arrested Fenton, 41, on charges of
terroristic threats and harassment. Priceread
Fenton his Miranda rights then, but failed to
conrm that he understood them, Smith said.
He also didnthave Fenton sign awaiver of his
rights, as is customary, Smith said.
Price may havle contributed to Fentons con-
fusion by telling him, Its no big deal" at Dis-
trict Magistrate Leonard =Greceks oflice,
Smith wrote. _ '
After his arrest, Fenton spokewith two FBIttttllthtttt ; Jud .ee tosses Fentonssa emens A federal court judge has throvm out state of threatenin to assassi
agents and two Capitol police otcers at Gre
cek's office, Smith also suppressed statements
- Fenton made in that interview.. . i 3 ' § nateMurthaandkillpneof
t;t{l' §i.*13;,, his aides. t/7 f~ W , Fenton, who spent three; , l F, months in jail, has been
j S released,butmustwearan
electronic monitoring de-
vice. Histrialisscheduled " ' for July 6 in Johnstowns
-.E°"t°" federal court. '
Fenton, riled by mechanical problems with
his truck, allegedly threatened to kill an insur-
ance agent and blow,Congressman Murthas
head .off, according. to -the charges against
him
1t
'1.®
ll.--.
A _... em-sass:-L.'i.=..i.e... +»~&< <>,. t192L~~'--»&-21;;--~.a-.._ -.. .. - - l4!~ .»a_.~_.4._ >4.-nu f Q -: M ".Erusecu on is.__ ealLa. blunts
f92
1
H
'-
1-t.-'a==I_._ =_
on
E173
.__
Péébu /I " "F051 _ _ Accomplishment Report
check all that apply!5 Rev. 10 29 97! / - - D t p d II squad supervisor approval .-OOil'lpiiShl1l9l'il must be reported and loaded into I a e repareF
pl} » please mmal! within 30 days irom date oi accomplishment! _ Date Loaded _ I
Data Loaders Initials 1
Accomplishment involves: -
Drugs
A Fugitive
Bankruptcy Fraud
Computer Fraud/Abuse
Corruption oi Public Olcials [j|
Forfeiture Assets [1
Sub invest/tsstby F0 s! [1Stat Agent Soc. Sec. No.
Stat Agent NameFile Number investigative Assistance or Technique Used
__ f 1-Used, but did not help 3 - Helped, substantiallyA 6 ' /6 b O 2 -Helped, minimally 4 - Absolutely essential
b 7 C For Sub. invest. Assist. by other F0 s! indicate A,B,C,D ior corresponding F0
Rate F0 IAT Hale F0 IAT Rate F0 IAT Rate F0 IAT
Ft. Mon.- NRCSd
For. Lang Asst.
Non FBI Lab Ex
A, B, CAsst. F0 s!_, __, _ _ HA F Squad, D J 0
Task Force Assisting Agents Soc. Sec. No.NCAVC I Vi - CAP Vicl~Witn Coor
/in /
X
1_ - .
Assisting Agencies x 0 =_" "i___i
2.Name:
A. Complaint! Inlormation I Indictment D.Eng. Field Spt.
inilCW lnio. Phone Toll R Poc - WRCSC
Hostage s! Released DateFin. Analyst Lab. Div. Exam UCO - Group 1
Aircralt Asst. Lab. Field Sup UCO - Group ll
Computer Pen Registers UCO - Nal. Back
Consen Mon. Photo Cover.
Elsurl FISC Polygraph Crim Intel Asst
Elsur [ T. III Search Warrant Crisis Neg. - Fed.
Show Money Crisis Neg. - Local
Eng. Tape Ex SOG_ Asst. ERT Asst.
Legals Asst. Swat Team Butte - ITO
Evid Purchase Tech. AgIEqui Sav - no
---_ Civil Rico Matters Date F.
E] Federal [:1 Local [I International
Complaint Date i.___.
Check ii Civil Rico Complaint lj
information Date ii
Indictment Date _____Released by: El Terrorist [I Other
Number of Hostages: L
Child Located Date E
B. Locate! Arrest
I] Federal [:1 Local |:| international
Subject Priority: [IA [18 [|C
Locate Date _.i_______
Arrest Date is
E] Subject Ftesisted Arrest
E] Subject Arrested was Amied
C. Summons
[1 Federal El Local
Summons Date iii
Z H. iColction92%392Federal ij Local El International
Conviction Date: 71,8 ,1 2 3
For 6F, G, H--Include Agency Code
Q Felony Or lj Misdemeanor
E] Plea 0r I} Trial
State: Judicial District: Q $Subject Description Code: £19; !'E.
I.Recovery I Restltutionl PELP X
El Federal lj Local E] international
Recovery Date _.____..
Code - Amount
l it
Restitution Dates
[I Court Ordered
:1 Pretrial Diversion
Code ' Amount
ll$
PELP Datei_._._
Code ' Amount
| |s .
U.S. Code Violations
Required for Sections A. B, F. and H
Federal only!
T 9 CauntsAlso Complete Section I
or
Other Civil Matters Date E
Judgment '
Judicial Outcome _ _
Amount: $
Suspension:XO
J.G. Administrative Sanctions Date E
Subeci Descri tion CodeI P __'
Type:
[:1 Suspension [1 Permanent
III °@*=a"m"* El mm;
E1 "W0" _I
Sentence Date: g____
Sentence type: ____,__,__ 'Length:
in-Jail Suspended ProbationYearsMonths Years Months Years Months
Fines: $
K.Acqulttai I Dismissal I Pretrial Diversion
Acqulttai Date
Dismissal Date E?
Pretrial Diversion Date ______.._
I-IRace Sex Date oi Birth I Social Security No. ii available!
b7C LJ M
For indictments/Convictions only:
Complete FD-515a, Side 2.L. Subject information Required for all Sections excluding Section D Hostages! and E Recovery/PELP!!
[I Subject related to an LCN, Asian Organized Crime AOC!, Italian Organized Crime I00!, FlusslanIEastem European, Caribbean, or Nigerian Organized Crime Group -Complete FD-515a, Side 1 and Side 2. sI] Subject related to an 0ClDrug Organization, a VCMO Program National Gang Strategy target group, or a VCMO Program National Prlo iiyjltiétllfedgfget group» ~ i_92
Ev:
X Additional information may be added by attaching another iorm or a plain sheet of papertor additional entries.
° See codes on reverse side.
6?/1===-serial-Ne FD-515
ii-st 6" F
'52;
For Further Instructions See: MAOP, Pathctions 3-5 thru 3-5.3.
PROPERTY CODES-
Cash '
Stocks, Bonds or Negot. Instruments
General Retail Merchandise
Vehicles
Heavy Machinery & EquipmentRACE CODES
Unknown
WhtinJUDGMENT CODES
CI
COConsent Judgment
Court Ordered Settlement
Default Judgment
Dismissal
Judgnent NotwithstandingAsian./Pacific Islander
Black
Indian/American DPDI ' '
. _ A____ ,_ ______ - M l :
Jewelry08 Vessels
09 An, Antiques or Rare Collections
ll Real Property
20 All Other
SENTENCE TYPES
CP Capital Punishment
JS Jail Sentence
LS l..ife Sentence
NS No Sentence Subject is a Fugitive,
Insane, has Died, or is a
Corporation!PB Probation
SI Suspension of Jail Sentence
YC Youth Correction Act
PELP CODES
22 Counterfeit
Stocl<s/Bonds/Curreney/
Negotiable Instruments
23 Counterfeit/Pirated Sound
Recordings or Motion Pictures
24 Bank The Scheme Aborted
25 Ransom, Extortion or Bribe
Demand Aborted
26 Theft From or Fraud Against
Govemment Scheme Aborted
27 Commercial or Industrial
Theft Scheme Aborted
30 All Other
ORGANIZED CRIME
SUBJECTS
IF Boss
IG Underboss
II-I Consigliere
IJ Acting Boss
ll Capodecina
IL Soldier
KNOWN CRIMINALS
2A Top Ten or I.O. Fugitive
2B Top Thief
2C Top Con Man
FOREIGN NATIONALS
3A Legal Alien
3B Illegal Alien
3C Foreign Official Wlout
Diplomatic Immunity
3D U.N. Employee W/out
Diplomatic Immunity
3E Foreign Student
3F All Others
OTHERS
8A All Other Subjects
8B Company or CorporationAGENCY CODES
ACISBATF
BIA
DCAA
DCIS
DEA
DOC
DOIEPA
FAA
FDA
I-II-IS
HUD
INS
IRS
NASA
NBIS
NCIS
RCMP
SBA
USBP
USCG
I i;_4
' v >v92'$
T /07/15/98 §Q********** CONVICTION **************
Case Number: 89A-PG-64410
Serial No.: 67
Does Accomplishment Involve
Drugs . . . . .
A Fugitive
Bankruptcy Fraud. . .
Computer Fraud/Abuse.
Corruption of Public Officials:
Forfeiture Assets . . . . . . :
Sub. Invest. Asst by Other FOs:
Investigative Assistance or Technique Used
FINAN ANALYST
AIRCRAFT ASST
COMPUTER ASST
CONSEN MONITR
ELSUR/FISC
ELSUR/III
ENG FIELD SUP
ENG TAPE EXAM
LEGATS ASST.
EVIDNCE PURCH
INFORMANT/CWLAB DIV EXAMS
LAB FIELD SUP
PEN REGISTERS
PHOTO COVERGE
POLYGRAPH
SRCH WAR EXEC
SHOH MONEY
SOG ASST
SWAT TEAM
TECH AG/EQUIP
TEL TOLL RECSUCO-GROUP I
UCO-GROUP II
UCO-OTHER
NCAVC/VI-CAP
CRIM INTEL AST
CRIS NEG-FED
CRIS NEG-LOC
ERT ASST
BUTTE'ITC
SAVANNAH-ITC
POC-NRCSCFT. MON-NRCSC
FOR. LANG ASST
NON FBI LAB EX
VICT'WITN COOR
Date of Conviction MM/DD/YYYY! . . . ..: 07/08/1998
Date of Sentencing MM/DD/YYYY! . . . . . . . . . . . . ..:
Subject Description Code . . . . . . . . . . . . . . . .. .: 8A
Federal, Local, or International F/L/I! . . . .
Felony or Misdemeanor F/M! . . . . . . . . . .. .. . .: F
. . . .: F
Plea or Trial P/T! . . . . . . . . . . . . . . . . . .. .: T
Judicial State. . . . . . . . . . . . . . . .. . . . .: PA
Judicial District-. . . . . . . . .. . . . . . . .: MD
Type of Sentence . . :
U. S. Code Violation s!
Year Month ===========================
---- ----- Title Section Counts
Time in Jail. .: - - - - - - - - - - - - - - - ---
Time Suspended.: 18 115A1 1
Probation Time.:
Total Fines. . :$
Accomplishment NarrativeStat Agent Name: Report Date: 07/15/1998SENSITIVE / UNCLASSIFIED
Stat Agent SOC.: Accom Date.: 07/08/1998
Assisting Joint Agencies Assisting Agents SOC Subject Name kC
. . . . . . . . . . . . .--
RA Squad
JOHN 10
Used, but did not help
Helped, Minimally
Helped, Substantially
Absolutely Essential
Form FD-515a Side 2:
Investigative Efforts = N/A OR NONE
Subject's Role = N/A OR NONE
Scope = N/A OR NONETask Force
_]__FD-302 Rev. 10-6-95!
FEDERAL BUREAU OF INVESTIGATION
Date of transcription 6 Z 1 O [ 9 8
I Fox Channel 8 News,
Johnstown, Pennsylvania PA was contacted. b,[:::::]was advised of the identit of the contacting A ent and the bgcnature of the inquiry regardingry fprovided
the following information:
L;::::]advised on Tuesday, May 26. 1998J |Fox Channe 8 Newsman, was contacted by| I
added occasionally calls the station and speaks to
During this particular call,[::::::]related he was to
appear in court at District Ma istrate MUSELINs office onMay 29, 1998, at 10:30 a.m. [:¬:::]added to her knowledge, nopress conference had been scheduled by[::::::] In addition,
advised in her position as assi nment editor, she assignscoverage to news worthy events. [::::?]added she had not assigned
any coverage regarding|iUUUUUU
Immagmmnm1 5/29/98 m Johnstown, PA telephonically!
F1le#89APG6441O % 196 Datedictated 5[29[98
b'7CV
This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency;
it and its contents are not to be distributed outside your agency.
fig *7!; £7 _ __1__ ___ ______ __ _ _
FD-302 Rev. 10-6-95]
-1-
FEDERALBUREAU M?D T$TKH1ON
Date of transcription 6 Z 1 O Z 98
i lfor
Congressman JOHN P. MURTHA, 12th Con ressional District,Johnstown, Pennsylvania PA!,[:::::%:::::::] provided the
following information:
advised his office had been contacted by[:::::]
Fox ews, regarding information concerning
had been telephonically contacted by
who related he had something to announce and was going
to hold a press conference on May 29, 1998, at 11:00 a.m. at the
office of District Magistrate MUSELIN. b6
b7C[:::::::]advised Congressman MURTHA was also scheduled to
hold a press conference at 10:30 a.m. at the Cambria County War
Memorial, Johnstown PA. expressed some concern regardingthe substance of| ipress conference and any possible link
to Congressman MURTHA.
Immagmmnmi 5/29/98 m Johnstown, PA telephonically!
File#89APG644=lO'w b6 Datedictated 5[29[98' J we
1W SA hw
it and its contents are not to be distributed outside your agency.This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency;
W ~ A;__--__->7 _ 1 v~_ _____ __ _ _-
FD-302 Rev. 10-6-95!
_ 1 _
FEDERAL BUREAU OF INVESTIGATION
Date of transcription 6[lO[ 98
On May 29, 1998, Special Agent sA!
contacted the office of District Magistrate Judge MICHAEL
shington Street, 5th Floor, Johnstown, PA,I The purpose o ntact was to verify a
scheduled court appearance fo A se in theDistrict Justice MUSELIN's office, confirmed was
scheduled to appear in court at 10:30 a.m. in reference to a b6
civil suit regarding his occupation as a private contractor. b7C
Investigation on 5 / 2 9 / 9 8 at J ohnstown , PA tel ephonical ly!
Fi1e#89A-PG-6441O7@ b6 Datedictated 5[29[98
b"7Cby SA |hw
This document contains neither recommendations nor conclusions of the FBI. It is the property of the FBI and is loaned to your agency
it and its contents are not to be distributed outside your agency.
r _
ll:
l. 1heTrlbune-Democrat,Johnstown.PL_%S§h!U.199§ l
92
By JASON GREEN
nwmeuwe-oeuocmr
llhe trial of -a Geistowh man,
charged with threateningtokillU.S.
Rep. John Mtutha, will continue in
federal court today as defense attor-
neys cross examine an insurance
agent who also was allegedly threat-
ened after problems ared over
truck repairs. -
Donald Lee Fenton, 41, of the 2400
block of Bedford Street, is standing
trial on one eormt of assault, stem-
ming from a January irrdldtrnent.
InaDec.3telephone.conversation,
Fenton allegedly. threatened to kill
Murtha, D-Johnstown, John Hugya,
who serves as the congressmans
aide, insurance agent Randy Laven-' tryandptheremployeesin*theinsur=
E ance office after Fentonhadmechan-
l ,licalproblems with his truck. -
On Monday afternoon, ajury of 10
womenandtwo men were selected to
hearthecase,beingpresentedbefore
District Judge D. Brooks Smith in
Johnstovm.
The prosecution moved forward
with its case in the trial, expected tolast aboutthree days. '
A second assault charge against
Fenton, for threatening Hugya, was
dismissed last week by Smith as he
ruled Hugya is not a protected gov
ermnent onicial. rllnderfederal law,
it is illegal to threaten assault, kid-
nap or murdera United States otf1- -
cial.
Officials include the president,
president-elect, rice president, vice
presidcntelect, t member of Con-
gress, amemherelect of C0ngr0SS, aat4 l
_ r , -§._
Fed mat continuing till * 0
man charged in threats
member of the executive branch who
is the head of a department and the
CIA director.
While dismissing the charge in
federal court because it didnt fall
under his jurisdiction, Smith said
the threats still are deservingof pun-
rshment and should he dealt with by
the Cambria County District Attor-
ney's office.
Ina February plea agreement,
Fenton was released from Carnbria
County jail on $25,000 recognizance
bond. ' -
The court ordered Fenion to look
for a-job andheepallscheduled med-
ical appointments.
He also must wear a monitoring
device.
Fentons trial had been scheduled
for May in Pittsburgh, but was post-"T it
i 5 :~?*"< 1
0
Donald Fenton
Released on $25,000 bond .
0
~ ponedwhen defense attorney Marke-
ta Sims of the federal public defend-
ers ohice led a motion to dismiss
the charges against her client.
Brooks latest ruling cleared the
way for the to begin.l
r
>
l
r
i
1
i1
i
-i---mum-_~.ui-|_
'['*~ »-ea. ."" "" NW " ' . 7 __..~<~~~~|- '
4 .
.4-92tr
Mount Clipping in Space Below! _ Indicate page, name of
newspaper, cizy and slate.! _'/7-/L." I 7117! /»/-'1 - DA./W *9 ILR 4-10 0, a/-I ¢~!.t',-0,1»:
v1
4
tat- A @112 ribuueélamncraii pk
, 92Wednesday, July 8, 1998
I ISus ect.
can beat
- I I -
pol|t|c|an
Fenton takes Witness stand
By 1'EDZEI.LEIVlTHETRIBUNE-DEMOCRAT
A 41-year-old self-employed Geis-
town general contractor denied
Tuesday that he physically wanted
to kill U.S. Rep. John P. Murtha, D-
Johnstown, but admitted saying, I
couldl kill him in the election.
Donald Lee Fenton testified
unshakingly in his own defense in
U.S. District Court, Johnstown, on a
charge of threatening to assault and
murder a federal official.
The prosecution and defense rest-
ed their cases after his testimony
and the case is expected to go to the
jury of 10 women and two men today.
Testimony also revealed Fenton
verbally threatened to kill Randy
Leventry, an insurance adjuster for
Erie Insurance C°'_with John I-I_ugya, the congressmans
aide, at the Incline Station Restau-
rant.
Fenton said he was disappointed
Murtha was not present. He contend-
ed that, during the session, Hugya
indicated he wanted to steal the
plans while two unidentified men
arrived and watched the discussion.
Fenton said Hugya went outside to
his car and he later followed, fearing
the two .men would shoot him.
While trying to promote his eco-
nomic development plan with gov-
ernment officials, Fenton said he
was discouraged by government
red tape, and decided to campaign
for Murthas oice.
Ive always been a career Repub-
lican, he explained. I changed t_o
Democrat. I waslzditioni/4
, Qatei -7/9/93 '
in Richland Town-
ship, and employ-
ees of an auto deal-
ership and going
to The Tribune-
Democrat with
guns ablazing."
Fenton denied all
charges and con-
tended his use ofQIve always been a
career Republican.
I changed to
Democrat. I was
going after Murtha
from day one. -
Donald Lee Fentongoing ' -after
Murtha from
day-one.
Fent0ns fed-
eral public
defender attor-
ney asked him
to clarify.
I was going
after his job,
the word "kill" was he responded.
a figure of speech.
The defendant began his testimo-
ny by telling of his ovsm exclusive
plan to revitalize the Johnstown
area, complete with a mass transit
system and ski resort to attract
tourists. His .plan including building
a National Football League Stadium
between Johnstown and Pittsburgh
to coincide with the plan for high-
speed rail service between the two
cities.
He, said he presented his plans last
year to an executive of Johnstown
Area Regional Industries, former
Johnstown City Manager Ken
Gearhart, and a Richland Township
manager.
Although he contended his eco-
nomic development plan required no
government money, he said he also
wanted to consult with Murtha.
After writing three letters to
Murthas office, he arranged to meetAnd Fenton
told of many mechanical problems
with his truck that he needed for his
contracting jobs. He maintained he
was being followed and there was a
conspiracy to prevent him from run-
ning for Murthas congressional
seat.
Leventry was handling an insur-_
ance claim for what Fenton claimed
was damage td his truck by Carmen
Wholesale Tires. The defendant said
he grew frustrated that repeated
repairs had to be made after the
garage failed to refill the truck's
engine with new oil after removing
the old oil.
Before cross-examination began,
Fentons attorney asked: Did you
ever threaten to kill Murtha?
The defendant said, absolutely
not." l
The trial continues. at. 9:30 a.m.
today with closing arguments.JUlTN_P. MURTHA
WASHINGTON, D,
12/ 03/ 19 9 7 ;
CCSCAKA'IHREAT. or
Classication:
Submitting Ollicez" MEMBER OF CONGRESSC- - VICTIM 7
£9/+ -P0- 69"//0 p __Q_
In d exin 9: - '
b 6
1:» '7 C
92
=
a
~.v
1".I 1'5.-.;
l-
.
r-nu/r92~I92
§§Q.'i&T'E° ZEDFILED /74..-.|Nl§g 'i'E~l1!sm "-11 L
JUL 18 "1998
GJJ
IWT;. N36,!
__,_ __
i
'*~_,- isw _. a 1
islhedribum-lbedctrat Thursday,July9, iasa ,- '
@-- .
Fenton convicted of threat
o
ByIEDZEl.l.EM
iumnnuns-mnocmr
i;A jury of 10 women and two men
deliberated less than two hours
Wednesday before convicting Don-
aid Lee Fenton, 41, of threatening to
kssaultandmurderU.S.Rep.JolmP.
MllIilld,D-J0klIlSi0Wn.
_ Fenton, attired in a white sport
coatanddarkshirt,wasconvictedin
D.S.Distri_ctCourt,Jolmstown.
~ The self-employed general con-
tractor from Geistown is free on
Bond.
f. He mustwear an electronic moni-
toting device until pre-sentencing
proceedingsarecompletedwithindd
days and he is sentenced by District
iudgeD.BrooksSmith.
rTenton could receive up to live
yiearsirrprlsonaridasmhotihfmefor
iefederalcrime.
;~T We are satised. The verdict
speaks for itself, said Leon
¢.ll/lan said he would kill ll/lurtha
Roungues Prosecuting US. attor-
ney.
Marketa Sims, Fentons public
defender, iounediatelyledamotion
to dismiss the verdict. But Sims
would not comment on the case pub-
licly.
Both attorneys will le briefs on
whether suilicient evidence was pre-
sented to support the verdict, and
Smith will rule. An appeal or sen-
tencingwill-fellow.
When Fentontestitied in his own
defense Tuesday, he denied that he
wanted to kill Murtha. However, hein Richland Tovmship. But Fenton
said itwas a figure of speech,
The case evolved in 1996 when
Fenton brainstormed ideas about
revitalizingwhathe described as the
economically distressed, ood-prone
Jolmstown region.
He told the jruy his plans included
introducing a mass transit system,
developing a ski resort and building
a National Football League Stadium
between Johnstown and Pittsburgh.
Fenton said he could accomplish
his goals without government mon-
ey and by selling $100 individualideas and was disappointed Murtha
didittattend.
Fenton switched his voter regis-
tration from Republican to Democ-
rat and decided to become a candi-
date for Mtuthas seat.
Meanwhile, Fenton testified to
having numerous mechanical proh-
lems with his work truck and he
implicated dirty tricks service by
two local garages. He became suspi-
cious andperceived he wasbeingfol
lowed. He was unhappy with Leven-
trys handling of an insurance claim.that he would kill Murtha. Leventry
called Stonycreek Township police.
Charges of makiug' terroristic
threats and harassment were tiled
The FBI was contacted.
Rodrigues claimed that evidence
revealedthatFentonblamedMmtl1a
for his problems and perceived a
conspiracy to prevent him from rim-
ning for Congress. Rodrigues exhib-
ited a chart containing words such
as rrshoot Muhayrr rrkmrr guns and
bullets, gims blazing, and addi-
tional words taken from Fentons
conversation with Leventry.
Sims countered that the evidencel
l
1
1
i'1!
fa;1
1
1
1...
C .
rt
ca
ad
<9
car ./
cti _92
I
Wednesda ,Ju1 1,1993. 1 C92
. _._ » 1 -an-mi - _ _1i
Accused of death threats on Murtha, others
By dflSON GREEN
THETRIBUNE-DEMOCRAT
1 A Geistown man won another victory in feder-
' al court this week, but still will stand trial on
charges he threatened to kill U.S. Rep. John
Murtha,D-Johnstown.
Donald Lee Fenton; 41, of the 24110 block of Bed-
ford Street, asked District Judge D. Brooks Smith
,to dismiss two federal counts of assault fled
against him, stemming from a January indict-
ment.
In a Dec. 3 telephone conversation, Fenton
allegedly threatenedto kill Murtha; John Hugya,
the congressmans aide; insurance agent Randy
Leventry; and others employed in an insurance
k olf1ce.Fenton was dealing with theoifice becauseofmechanicalproblemswith-histruck. '
While Fenton still must stand trial on a charge
that he threatened to kill Murtha, a charge that
he threatened to kill Hugya was dismissed. Smith
ried that Hugya is not a protected govenirnent
official.
; V er federal law, it is illegal to threaten to
t, kidnap or murderatlnited States oicial
vim se oicials include-the president, president- vice president, vice president-elect, a mem-b Congress, at member-elect of Congress, aofa department and the CIA director.
Hugyasrole is to assist Congressman Murtha
in the exercise of his congressional, sovereign
power, not to exercise independently, Smith
wrote in his ruling.
Accordingly,Hugyacannotbedeemed'afeder~
alofceroroiiicial..."
While dismissing the charge in federal court
becauseitdldntfallunderhis W
yiiiisuiciisi, Smith said the ' ea if
threats still are deserving of ff .
punishment and should be '
dealt with by the Cambria {
County district attorneysoffice. yea 4in a February plea agree - Inient, Fenton was released
I:-' a 1 ,,from Cambria County jail on 4. . g
$25,000 recognizance bond and yy
ordered to look for a job and ppm
keep all scheduled medical
appointments. He also must wear a monitoring
device.Fenton trial begins on Monday
But prosecutors will be unable to use some of
the statements Fenton made to police, because its
unclear whether he understood his rights prior to
talking with obicers inDecember.
Three oicers visited Fenton atahotel room on
Dec. 3,. but never read him his Miranda rights,
Smith said in an earlier ruling.
Fenton allowed them to enter, but likely did not
feeltree to leave, Smith wrote.
Stonycreek Township Police Officer llevin
Price went to Fentons residence at the hotel with
the hope of detaining him until officials from Cri-
sis, Cambria Countys mental health agency,
could arrive.
Fenton was then taken to Memorial Medical
Centerforapsychiatricevaluation.
The day he was released from the hospital,
Price arrested Fenton on charges of terroristic
threats and harassment. Price read Fenton his
Miranda rights, but failed to confirm he wider-
stood them, Smith said. , *
He also did not have Fenton signawaiver ofhis
rights, which isacustontary practice.h
O
-1,»
.. 92.
v
w
l" D-350 REV. 1.2'5-78!
V. . P5,, 3. ~ ,,d,¢,921¢ pogo, nome of
ncwspnpct-_ city and slaw-l<T7~I.1_? I! Q//Z14/, 6'3 Z5
i [:a_Dr'/9»/Pg 6
up
I
_<.
/
4
92
1
xl, Mount Clipping in Spcco Below! Date:
' 92_E.di5lion:
' JOHN P. MURTHA - -MEMBER OF
WASHINGTON, D . C . - VICTIM?
.12/O3/19977
CCSCAKA1HREA'I
or. Classication: -
W51 ejlllnhiarm §azette/ ThursdY'J'E!Y 2'
. _h Os News briefs l
Man guilty" of threatening Murtha
JOHNSTOWN, Pat AP! 7 A self-employed general contractor was
convicted of threatening to assault and kill U.S. Rep. John Murtha
because he was anglry over what he perceived as attempts to keep him
from running- for Murthas seat.
,' A U.S. District Counrt jury on Wednesday found Donald Lee Fenton, 41,
' guilty of threatening iMurthas life during a92 telephone conversation with >
2 an insurance adjuster. His lawyer, Marketza Sims, immediately led a motion to dismiss the
verdict. She argued that the word kill was used only as a gure of '
speech during the conversation last December. -
. Fenton, who was free on bail, could be sentenced to up to ve years in
prison and a $250,000 l: 1 ne.
Fenton believed he was being followed after he announced he would run
for Mu_rthas seat, according to testimony. He complained about Murtha
duringa conversation with insurance adjuster RandyLevetry. Leventfysaid he took notes, thelm called police. be
mt:
;___ ___q=:,.__-~' it
_ y 94¢ /9;» 6 </<//at
ERA 1 0 __FlLED
JUL 2 2199892
iii -77?!
Submitting Office: $9/,1./05. ~ 6 $1 9//0
<7
75'
QllwFBI/DOJCONGRESS ,
J.
' Q
U.S. Department of Justice
.... ,_,,-_
Federal Bureau of Investigation"
%,_i,_.¢r5'
P.O. Box 1315
In Reply, Please Refer to Pittsburgh I PA 15 2 3 Q
EEN August 28, 1998
J. Scott Robinette, Esq.
Deputy Attorney General
Criminal Prosecutions Section
6th Floor, Manor Complex
564 Forbes Avenue 92
Pittsburgh, PA 15219 ¢
Re: Commonwealth v.| |
Dear Mr. Robinette:
Reference is made to:
1! your August 26, 1998 letter and
accom an in sub oena of SpecialAgentE::%::f::::f]for information
and records 1n possession of the
Federal Bureau of Investigation
FBI! relating to the captioned
case; and
2! my August 26, 1998 telephone b6
call to ss sta t 'ted Statesf 3 br/C Attorne Chief, Civil
Division, United States Attorneys
Office, Western District of
Pennsylvania.
Enclosed is a copy of a December 11, 1997 FD 302 which
relates to the captioned case.
In the referenced telephone call, I was informed that
pursuant to Title 28, Code of Federal Regulations C.F.R. -Section 16.24 b!, the appearance of Special Agent[f;::::;i::::]
and the release of the enclosed document in the cap lone casehave been approved. Special AgenqE:::::::]testimony is limited
1 - Addressees aZQ_1 : sggzlgtg-64410 6ié4410_
!/. k ' I V Sea cl: =I92-~----"""""'Friws ~ch :5 - ' ~*~~--
"viz ~- '
k¬_ ~.»~~»**~'"
-1 -_92 I1 |Zl»[0A;£,;<<51 -L- & I-/.JP aI92ié
I l '
J. Scott Robinette, Esq.
to his investigation relating to the defendant{::::::::::::::]in
the captioned case.
I can be reached at[:::::::::::::]for additional
information or assistance.
Very truly yours,
b6
b7C
Chief Division Counsel
Enclosure
1 -I: Esq. <En¢1->
Assistant Chief, Civil Division
United States Attorneys Office
633 U.S. Post Office and Courthouse
Pittsburgh, PA 15219
2
g 1.>-
ATFORNEY GENERALl'92$;/ ';/'. E?
1' 1 - "t
A 11,- -.
CQMMONWEALTH CF PENN$YLVAN|A
OFFICE OF ATTQRNEY GENERAL
August 26, 1998
MIKE FISHER
CRIMINAL PROSECUTIONS SECTION
6th Floor, Manor Complex
564 Forbes Avenue
Pittsburgh, PA 15219
12! 880-0104
VIA FA CSIMILE AND
FIRST CLASS U.S. ]lL<1IL
e 1v1s1on Counsel
Federal Bureau of Investigation
P.O. Box 1315
Pittsburgh, PA 15230 b 6
b 7 c
As you know; the Pemisylvania Ofce of Attorney General is prosecutin for
charges arising from a telephone call which also served as the basis for federal charges. It is my
understanding that FBI Agent|:| produced a 302 report as a result of an interview
conducted with Mr t or about the time of his preliminary aigraignment. Based u on a reviewof the transcript o federal trial, it is also my miderstandig that ade certainadmissions during the course of his interview with Ag
The ose of this letter is to re uest an opportunity to review the 302 report generated byAgen that occasion. Agent|_ :l.>vas questioning Mr|:lbout the same telephone
call which forms the basis of the state prosecution a ainst him At this time I doubt that I will seekto introduce any evidence in state court about agen tewiew with Mr. |:| However,
I request the opportunity toereview his report so that I may make an informed decision regarding thepotential utility of Agent|:|testimony.
Q U
|:|
Chief Division Counsel
August 26, 1998 Qc
Page 2
As soon as possible, I will obtain and forward to you a subpoena duces tecum for AgentmdMs302 ' ' ' ' ' 'report. The trial in this case 1S imminent, scheduled to commence on Tuesday,
eptember 1, 1998.
Thank you for your cooperation and attention to this matter. D0 not hesitate to contact me
directly if you have any questions.
Sincerely,
J. Scott Robinette
Deputy Attomey General
J SR/mbc
0-4
--.
, e 92»w"r92M4>9292" -92!92-uh 92.........,u92v92rv-v~. -. "- f ' """" """ " '-
92
COMMONWEALTH
VS.
M l:+
_ JURY TRIAL
COMMONWEALTH OF PENNSYLVANTA
COUNTY OF CAMBRIA" ~._;y,_,,_. I.-_ 5-,,r¢;:>92 ',92;-,:_,'-'|$92¢¢_~4. Ugh; .. .
IN run comer on common ems
on . 5 -
ceenenn cooeere, ennnsvevnxn
'cnnone1,oms1on .
N0, I386" I997
b6
b7C
l. You are hereby ordemd by the Court to come to the Cambrla County Courtboulee at Ebensburg,
Pennsylvaniaonlhey 19¢ idayof 5'-%PlI;_thu1~ Sébt.-/-l6,e l998nextet9:00oeloek, A,M.,
preveelmg time, to tesllly on behalf ofthe Commonwealth in ll1eaboeeEptione'd case, and there toremain until excused by the Coulrt. '
0 2. You are also required to bxjing' nfith you the following: Any and all regorts from the |
H i *1 _i____ 7 7 __;_y s ecewilih the lepjtten statement UTria1, also provide the District Attorne ' Off
andjlthe note boole 1'eceinetli-iinto evidence proylded b
Aulevee 26» ST ,1e it/{B eye comm - .
n O Jy Milt Cour! Seal Here! » f Clerk of Courts
»
J
il
N l
o l
~ 0.
-92'
l92
Ul
O, do -
newspaper, city and slate.!
1A /I Q V bditlo-'1;
was-cesr, wet».
Character: V11 '7'!/'77
. Uf
Classification: c¢3¢4'¢' -4'
Submitting Otricez i[Indicate page, name of I04 ~15 /
'77./J mic 4/Ma? -' 1%.":-vamn
Clipping in Space Below! J 6 I/N: 7 "//_1 on _
1 Dalef F/i. 7919 Y ¢?lJ~$/¢'r' ,
, Jam-i - v » -mum 01. we
DJ. " .
. -7-/14 0'4 7
am »/>6 - as/o_/3_
Indexing: -
COUllCllHl8.!lBasted
1
.
1
i
tBy JASON GREEKll-E TFWBUNE.-DEMOCF?ATi Worried. that something might hap- »
I ~ pen, Rastall said he wanted to~be~pre-
some he feared for mi . safety, John- pared.
stown City Councilman '1 odd Rasizll The city cantprotect me. I¬theyre
was prepared to take mad crs into his not going to protest council and me, Pm
own hands.
No shots were red.
Rastall, who has a gun
ries a handgun, packed It
bedrtre heading to We =1-ray nights . cine.
city council meeting.I-Ie knew that Donald Fenton, who was E cihnan said.
convicted ofthre atoning. 1,
to be in the audience. tgoing to exercise my Second Amend» l
1 ment rights." he added in a telephone
ermit and car» interview from his store. .t revolver "There are graveyards filled with peo» *
pie who werexrt considered a threat. fin l
. not paranoid, but Pm careiiil, the copn- -
ok1U.S.Rep. But federal officials do not consider ,
John Murtht D~3olmstor~ n, was likely M92
t
HBBSBSQG PIQTUL, Ad
».
|>|sTo|.
Continued from A1
Fenton, who wears a mc-
allowed him to attend £1
Kilduff said. Because of-
council can do to keep h|
in a telephone interview
ion, hes safe."
argues that Fenton, who
ing an Aug. 12 meetini
not have been given
Reached at his home
tional.
"lm trying to do 1
but aicomplete and utte
to destroy me.
, ogize to Rastall and anthing, he said in a ip
interview. This thing iu;tnitoring device, dangerous and
te meeting, City Manager Karl
that decision, there is nothing
in out of the public session. They gave him permission to come out," Kildu" said£rom his office. In their opin-
ButRastal1, who says lie always carries a g1.m becausehe often has money frglm his businesses with him,
t second { i iso addressed city council dur-
Fentoncalled Rastalls reaoti-in irra- 3 ihingr Thisis nothing but
he rightlem with Rastall having a gun at the meeting if he has a
permit. 3
I guess he has a license to carry it, Stevens added in
a'telcphone interview from his home. It isn't a prob-
lem."
Kildulf said its Rastalls prerogative to arm himself
and didn't have a problem with the councilman packing
heat.
He has a right to carry it, Kildutf added. We'd like
to think these sessions clont warrant carrying a gun. .
At Wednesday's meeting, after Fenton said his peach
and left without incident, council discussed safety
issues.
Mayor Don Zucco said the city shovlrlnt exclude peo-
ple rom meetings, but must ensure they have a salient
, should , point to make and stick to it.
~ Its a delicate balance. Weopportunity to speak to he body. Pm trying {<3 Q9 thg i want to treat everyone who
comes with courtesy, he said
toward the end of the one-hour
, complete and utter attempt E meefme I also don't want thatpodium to become a platform. ~'-lephone to desoy -" Everygneis During his address to council,nothing ;. w3_]§{jngar ;{1 § sgayed that Fenton rambled about a plan,
' which he called perfect and aw-attempt rm to somebody ' less in every way and not pie-1Fenton said he's not trying to Pm 116$ abgut that, . in-the-sky for Johnstow-n's pI'OS'
But Fenton was unable to citeK scare anyone and want to apol- , ynonald Fenton ~ perity. ~one else I 92 i
d t whom he has made afra:.5 Everyones walking éi-ound scared that Im going tokill somebody," he adde
As a convicted felon
should not be permittedhes glven up hlS rights and. I'm not about that.
0 attend meetings, Rastall said.
s Its a total breach oil ecurity, he added, citing the
Capitol shooting last mo
II - Slyth in Washington as an exam-ple of what could have ggne wrong.
Its not like all of a dden he came up. We knew hed
be there. Fellow Councihnan R-Inn Stevens said he has no prob-specic steps that should be tak-
en or present his proposal in writing.
When he previously addressed council, Fenton was
asked to submit his ideas in writing. He never has. .
Fenton, 41, of Geistown was convicted of threatening
to_ kill a federal official in July. No sentencing date has
been" set.
A trial also is scheduled in Cambria County Court, as
Fenton allegedly threatened Murthas aide and an insur-ance agent. , a -
Jury selection is slated next week. jt '5/
/.,~ b6
Pm riot mralnoii .
City councilman a pistol-packer <
1.
1'
:_ -
Wnllrit
l
1
t
»
I
t
1
4
r
14
1
|
3
|
4
1
l
-1
-492_
_:_ l..
g n|~..~o Pnnainn in Qnana l2¢92b;1]_
1
1;
+
F
1
924
1
1
I
iGeistown man
awants his fate
Fenton phone call in question
By SANDRA K. REABUOK
TRIBUNE-DEMOCRAT NORTH CAMBRIA BUREAU
EBENSBURG - A Cambria Coun-
ty jury could decide today whether
Donald Fenton intended to terrorize
an insurance adjustor when he
made threats to kill the insurance
companys employees,_ U.S. Rep.
John Murtha and others in a Dec. 3
telephone call.
Fenton, 42, of Geistovim, already
has been convicted in U.S. District
Court in Johnstown for making
threats to kill Murtha, D-John-
stown, in the telephone call and is
awaiting sentencing on that charge.
The conviction carries a maximum
penalty of ve years in prison and
$250,000 in fmes. _
On Tuesday, Fentons trial on
state charges of terroristic threats,
harassment and harassment by
communications opened in county
court with Randy Leventry, the Erie
Insurance Co. adjustor, telling the
jury about Fentons threats to start
killing people in a telephone call
that lasted less than 10 minutes.
The state rested its case after call-
ing Oicer Kevin Price of the Stony-
creek Township police to testify
about Fentons admitting in a July
proceeding that he had made the call
and saying he hadwraps up its case and Judge Thomas
Swope gives instructions in the law.
In testimony Tuesday, Leventry
said Fenton called about 6:30 p.m.
Dec. 3 to complain about another
problem with his truck, which had
been in and out of repair shops for
months ever since a garage - which
had liability insurance with Erie
failed to replace the'oi1 during an oil
change and the engine was
destroyed.
Fenton, who said he needed his
truck for his construction business,
complained he was broke and had
not eaten for three days, the
adjuster recalled.
When told to take the truck back
to a Windber garage to be checked,
Fenton told him he had guns and
bullets and was going to start killing
people, Leventry testied.
He stated he believed congress-
man Murtha was in a conspiracy
with Erie Insurance and The Tri-
bune-Democrat to ruin him....I-le"
stated congressman Murtha had
stolen his ideas about the economic
recovery of Johnstown, Leventry
said. -
Fenton claimed Murtha was
using psychological tactics to
steal his business, said the insur-
been absolutely
in control of him-
self when he
talked to Leventry.
The jury was not
told, however, that
Fentons admis-
sion came during
his federal trial.
Public defender
Richard Corcoran
in his opening to He stated -he was
going to shoot Mr.
Murthas head off
I and Mr. John!
I~iugyas head off.
Randy Leventry,
Erie insurance Co.
adiustorance adjuster.
He stated
he was going to
shoot Mr.
Murthas head
off and Mr.
J ohn! Hugyas-
head off, Lev-
entry said.
Hugya is an
aide to the con-
gressman.
Fenton was
<
1the jury said that 92 , upset that _The
under law, a defen-
dant cannot be convicted of terroris-
tic threats if the statements are
made in transitory anger. Corco-
ran did not say whether Fenton will
take the witness stand as he had at
his federal trial.
The jury is expected to get the
case by noontime after the defenseTribune-Demo-
crat had taken three months to pub-
lish a letter that he had written to
the Readers Forum, said Leventry.
The letter was in the paper on the
day'of the phone call, he said.
He said that he was going to go
down there the newspaper! with
guns blazing, Leventry recalled.92
t
11 _ _ I indicate page. name 0! PG if -*3
was "r'¢~>u»/L" '5 " Jo}/F/S7? /M , P
Dale: ?/"/ 99
Edition!
WASHINGTON , D. C . - VICTIM;
12 / 03 / 1997 I
CCSCAKA-THREAT
Classiiicationt -
Submitting Oice: -
294 -/>4 - ¢Y//ewk "; 0
newspaper, ci!y_and slate.! n _ cwf
JOHN P. MURTHA - MEMBER OF CONGRESS,
Indeaiing: - -
:3,Q-5;,,_,-.»
b6
. b7C
4
..---»---- sqa-in-bugle-73> ~
SEARCHED ,<;,§t;l.=,.__...FOlMSssR|Auzsp:_1J,.-5-.g1Noexeo
FILED57" rt-W
SEP~l
FBI - PlTTSBURGl-ti
v-W6
Mount Clipping i $P<'1¢e B5-"91/! _
zuxkw
v}*""92-.
,s _»V .
»<
92 TI?
~=§
TODD BERKEY/T HE TRIBUNE-DEMOCRATDonald Fenton leaves a Cambria County courtroom Ebensburg
on Monday. A jury could decide today whether Fenton intended
to terrorize an insurance adjustor.
According to Leventry, Fenton
talked about the government being
against the people and that the peo-
ple would have to take things in
their own hands. He stated that Tim-
othy McVeigh was my hero. He stat-
ed if the govermnent declared war
on him, hed have to take a body
count. He stated hed kill until he
was killed. It may not happen today
or tomorrow, but it will happen.
Leventry also recalled, He said
hed kill all Erie employees. He said
I should keep my doors locked. I was
defmitely afraid.
Afterward, Leventry said that hecalled his wife and two children
together to tell them we have a
problem. In an emotional moment,
Leventry nearly broke down when
he told the jury that he then
instructed his wife and his 15-year-
old son how to use a rearm.
But on cross-examination, the
adjustor admitted his rst call was
not to police but to his manager to
warn him of the threats against Erie
employees. And Leventry said he
took the time to look in the tele-
phone book for the Stonycreek
Township polices office number
rather than dialing 911. 'l
i
l
i
1__ »~ ~»A~-~ » ~a~~--- u-- -~= ~ V ~_ S U
1~ . we
Indicate page. hi-we 0| P/$6 *3 -3
net-:sp:eper_ city and slate.! ."T7h. TfL rd </1-/¢' - BL/W M/W"J6//!J:"-v'M/J _[ . _
Dales Q /3. /98Edilionl
br/C
JOHN P. MURTHA MEMBER OF CONGRESS,
WASHINGTON, D.C. - VICTIM;
2/O3/1997;CCSCAKA-THREAT
Classication:
Submitting Ollicez '
ye/-1-Pa-as/we _ W,
Indexing: -
4.
Q.
urn:/r'""
ti t '
' ilndicat-2 page, nz-me ol ?/9 5/-F /
|1e92-,'sp:pel', city and slate.! Iv»--L,
Mount Clipping in Space Below! __'/W1." /P!/ AP 6'02 H
-I139"!? PIA,
Dates 8-,3-2./9?Edition:
McVeigh is his hero
EBENSBURG, Pa. AP! A man
convicted of threatening to kill U.S.
Rep. John M|.utha, D-Johnstown, is
accused of threatening to kill an
insurance agent as well, saying
Oklahoma City bomber Timothy
McVeigh is his hero.
Cambria County. Judge Timothy
Creany ruled on Friday that prose-
cutors can let jurors know the
Donald L. Fenton, 42, of Geistown,
made the comment about McVeigh
during Fentons trial.
Fenton is charged with making
terroristic threats and harassment
by communications.
He is accused of threatening to kill
Randy Leventry, an Erie InsuranceCo. agent, and everyone in the_
companys Johnstown ofce during
a telephone call to Leventry on Dec.
3. He also is accused of saying
Timothy -McVeigh is my hero{
during the call.
Police said Leventry was handling
an insurance claim for damage to
Fentons truck. Workers who re-
paired it failed to rell the truc'ks
oil, which ruined the vehicle.
Last month Fenton was convicted
in federal court for threatening to
assault and kill Murtha in the same
Dec. 3 telephone call. According to
previous testimony, Fenton blamed
Murtha for the truck damage and
other_ problems in his life. '
.- __l_¢ V V . ._..- .._i...____ .........l....t._..'..,._._.. .- . V .. a
92i»~_k-PM--c=e_~ -1 1 ..: -la , ¢ 1;. 1-; 4.». -'-__/'~,_.l|,_-4:.>'~92_¢_A~~92 V c-A-q, ¢_ _,_i_g'9/-it/>:~12 /03 /1997 ;
CCSCAKA-THREAT
-_'---v--v.-_----.
Submitting Ollice: ' _P__ 7 _
" U112 fdlnhiann gazette! Saturday, August 22, 1998- JOHN P. MURTHA - MEMBER or CONGRESS,
L '/V/4 _ ,,.<,,_g
Indexing: -
b6132
1" ' ii
b7C
6
9 » Q-/0 "5
SEARCHEDG FO|M$...____. '
~/XUG 3 i i9§3
" I
,-| J.
Iil
/' "
x
w192|lt92"'92
Z
M indicate p=ne."n§~'=w of ' P" 5 9
Mount Clipping in Space Bebr-.v! _
Fv- 3 _ 't .dst::te.! .";!§i,3*'-3'13, a A/7? c.»/we mi
I/5 D199 "'9 1 P4 '
Date: 9 / 4; - 1
Edition:
p WASHINGTON, o.c. - vrcrxn;
12/03/1997: CCSCAKATHREAT
@118 [Zlnhiamx azette /_ Friday, September 4, 1998--Page 9 ,Cias;;ca:;°n: _:
2'l Mom convicted Wm we - ow//0
of threatening
insurance agent" "
PITTSBURGH AP! -A Cambria
County jury convicted a man of
threatening to kill his insurance
agent over a claim on his pickup
truck.
Last month, a federal jury con-
victed the defendant, Donald Lee
Fenton, of threatening to kill U.S.
Rep. John Murtha. He faces up to six
years inprison on that count.
Dec. 3, Fenton called Randy Lev-
entry of Erie Insurance Co. and said
he was angry about the claim.
Workers who repaired damage to
the truck failed to refill the trucks
oil, ruining the vehicle, Fenton said.
He threatened to kill Leventry and
everyone in the companys Johns-
town ofce and also threatened
employees of the Tribune-Democrat
newspaper of Johnstown. Prosecu-
-tors said Fenton also told Leventry
that Oklahoma City bomber Timo-
thy McVeigh was his hero.
During the same phone call, Fen-
ton threatened to kill Murtha. Fen-
ton tesed that kP was a
gureofspeech andthathecahed
McVeigh a baby killer, not a hero.Submitting Ollicez ' _ _ ' "-
y - Pa».-I-»
indexing: -
b6
_ b7
l A
*"%,;;iit5'-?@SERIALIZED %EXED _FILED -
' SEP 1 [H998
. H _s
iitifJOHN P. MURTHA - MEMBER OF CONGRESS,
C
*,i
, . 'The Tribune-Democrat, Johnstownl F!
'Counc
Imuzzles A
Fenton
haw might not
lh0ld up in court-
'§y JASON GREENHETRIBUNE-DEMOCRAT
Johnstown Mayor Don Zucco hastanned Donald Fenton from speak-
g at council meetings, but a civil
liberties spokesman said the lawtised to keep him out might not with-
stand a court challenge.
_ City council. T . i . _ has already,4 '»~.:._'.,» passed on one
. '. read, and then
1 _,, _ »~-"rig, backed off, a gun w ordinance that.. f92;L.- the state Attor-
. ney Generals
5 tn! 3 Office saidwould- " / probably not
i pass constitu- tional muster.
z °°° The ordinance
Lvould have banned rearms from all
city governmentowned buildings.
The gun proposal was alsoJgispired by Fenton. Councilmanodd Rastall had brought ahandgunHot protection to'a council meetingtihat he believed Fenton would
attend. Fenton awaits sentencing
gafter having been convicted of
[threatening the ~n.....e,,;._.....i-..iife of U.S. Rep. - W;John Murtha, D- fl l .
Johnstown. , .92_, 4
City Manager M "3, . Karl Kildu ini- ~ f. 'tsiauy said it was ~ ,~ *1 l
Rastalls preroga- 3Five to arm him- T
-self. Later, Kil- -tr ,
luff supported - _ p H »,_ I 'he gun ban and Y ' =said the ordinance Fenton ?
would help make members of coun-
;il feel safer.
Now, the mayor has imposed a gag!rder on Fenton. '
Citing an ordinance adopted in
ctober 1993 and cou.ncils house
es, adopted last month, Zucco
anned Fenton from voicing his
pinion at council meetings.
But Larry Frankel, American Civ-
il Liberties Union of Pen.nsylvania~s
executive director, says the 1993
brdinance is too broad to be effective
ind legal.
The ordinance says: Any person
making otfensive, insulting, threat-
-ning, insolent, slanderous orebscene remarks or who becomest oisterous or who makes threats
gainst any person or against public
!|Id9I' and security while in the coun-it-il chambers" shall be barred from
urther audience.
The action can be overturned by a
majority vote of council.
A person can be banned for mak-
g threats, but not insulting some- .O Qt, - '
Indicate pace. name ol P/J 6' E I
' J0;/,/$179./p ,/0'4t .§lmen_.$<-= ember 21 1998 __________ _ 4,/,1,/9;
Dale-
Editibnz
P. MURTHA - MEMBER QF CONGRESS,WASHINGTON, D.c. VICTIM;12/03/1997;CCSCAKA'I.HRE192TCharacter:
. or
Classilicationx -
Submitting Ollicez ' '
52% -/-4 - a we//o_ ' ' _._,
Indexing: -
Q.
- bi;
b7C
' v
'4.
rrm/rW'92
AEs
ti
' 1.
Indicate page. rt?-F18 07
new-sp::per, city and sleic.!
Mount Clipping in Space Below! _;__i .
.._ v__-~_' _n. .
-,,___ --i~.._
r..-
ma...
. l_.
1-->
u w
n1
COUNCIL
Continued from A1
one, Frankel said. 5
There may be something they can do with your time,
place and manner on some of these things, he added in
a telephone interview from his Philadelphia oftice. You
cannot do it on content.
The vagueness of the ordinance
also invites problems, he said.
For instance, Frankel wanted to
know, who determines whats offen-
sive or insulting speech. '
The statute probably could be
defeated in court, he added. I
You cant silence those you dis-
agree with or those who disagree
with you, he added. To hold public
ofce, you can't have thin skin. ,
Councilmen supported Zuccos f
action to ban Fenton, who called 5 . ~Murtha and one of his aides mur- ; speaking"Councilmen ~ . .1
, seppdded Zuccds ~ "
action to ban ¥*enton,
wimcailed lvlurfhai '
.and one oihis aides . .
murderers Iiea i 5Dale:
Edieionz
Tillet
Character:
. or
Classication:
Submitting Olce:_,§~ . , _ .3
Indexing:
.1£>2c.4-
thought about. e
Thats what we want, she said. It helps us make our
decisions.
Fenton called the Zucco-imposed ban censorship.
Its a violation of my constitutional rights, he said in
a telephone interview from his home. Nobody cares but
me.
But Coimcilman Brian Subich said the ordinance is
not intended to keep people out. Instead, it is meant to
keep civility and hold discussions to
city business.
' Someone who comes in and says
some of the stuff Mr. _Fenton said is
j way o the mark, Subich added in a
telephone interview fI0l'ILhlS office.
Subich agreed that offensive and
insulting remarks can be seen in dif-
. ferent ways by different people. The
ordinance, he said, should be used in
,,~ previous actcir1e$$ to . "* m" °" s"s' -
councii, from ~. It was put there before we were
1 elected!," he added.
3 We have the right to use it.
Zucco imposed the ban during
derers in a previous address to ' "' ""*" "
council, from speaking. ,
Councilwoman Nancy Malloy said speakers should
not be allowed to give insulting or ofensive remarks.
I dont think anyone should be able to talk about any
elected or nonelected oicial, past or present, she said
in a telephone interview from her home.
The purpose of citizens speaking at a meeting is to
convey information, Malloy said, adding that city resi-Wednesdays council meeting.
Fenton was scheduled to speak, but did not attend the
session in the Johnstown Public Safety Building.
Neither Zucco nor J ohnstown Solicitor Dick Green
could be reached for comment.
Manager Kildu said this is the rst time the ordi-
nance had been used to ban speakers at meetings during
his year and a half working for the city.
He was unsure if it had ever been used before and'5
l
I
92
1
l
IY ..
x
~¢ c ,. Accomplishment Report* ' 5'é1°'2997! , mplishment must be reported and loaded i ' Date Prepared 4 / 5 p1g§:es::1?t?;'!'s°' app'°va' within 30 days irom date oi accomplishment! 4, r Date Loaded . ,
Dnigs
A Fugitive
Bankruptcy Fraud
Computer Fraud/Abuse
Cornption oi Public Otciais EjData Loaders initial
Accomplishment involves:
°h°°k 5" lhal PPPW! File Number investigative Assistance or Technique Used
- 1-Use but did not hel -, _ 5 /0 d, _ p 3 Heiped,substantlallyy 2 -Helped, minimally 4 - Absolutely essential
For Sub. invest. Assist. by other F0 s! indicate A,B,C,D ior corresponding FO
te F0 IAT Rate F0 iAT Rate F0 IAT Rate F0 IAT
UCO - Group I Ft. Mon.- Nacsci
Forfeiture Assets [3
Sub invest Asst by F0 s! ljUCO - Group ll For. Lang Asst.
UCO ~ Nal. Back Nprl FBI Lab Ex
NCAVC / Vi - cAP| Vict-Wlln Coor
A, a, c <1/Z/I4RA SquadAsst. FO s!__, _, __, _ I . 0 / 0 Crim Intel Asst
Task'F?ce Assisting Agents Soc. Sec. No. xCrisis Neg. - Fed.
Crisis Neg. - Local
Assisting Agencies x 0
1. Lag 2. -ERT Asst.
Butte - ITC
2- 5 I Name:Sav - ITC
P00 - WRCSC
A. Complaint! lntormation I Indictment
j:jFederai El Local El international
Complaint Date is
Check it Civil Fiico Complaint [I
information Date _i____
indictment Date _i__D. Hostage s! Released Date
Released by: jj Terrorist [1 Other
Number of Hostages: ____i__
Child Located Date _.__i
B. Locate! Arrest
E] Federal E] Local [jlnternationai
Subject Priority: [jA jjB [10
Locate Date _i___i_
Arrest Date is
Ej Subject Resisted Arrest
El Subject Arrested was Armed
C. Summons
[I Federal [1 Local
Summons Date I_r92
W Conviction
El tfzieral Q Local ljlnternational0.... 91-11%
For 6F, G, H--Include Agency Code
El Felony Or Q Misdemeanor
|;| Plea Or jg Trial
tnSubject Description Code: Bi-t S ! !'
State: E3 Judicial District:177E. Recoveryl Restitution! PELP X
j:|Federa| [I Local Elinternationai
Recovery Date S
Code - Amount
$
Restitution Date S
lj Court Ordered
[:| Pretrial Diversion
Code ° Amount
|i$_
PELP Date_i__
Code ' Amount
lI$
U.S. Code Violations
Required for Sections A, B, F, and H
Federal only!
Ti e SectionCibuntsFin. Analyst Lab. Div. Exam
Aircraft Asst. Lab. Held Sup
Computer Pen Registers
Consen Mon. Photo Cover.
Eisurl FiSC Polygraph I
Eisur/T. lll Search Warrant
Eng.'Fieid Spt. Show Money
Eng. Tape Ex SOG Asst.
Legats Asst. Swat Team
Evid Purchase Tech. AgIEqui
intICW into Phone Toll Re
A F. Civil Rico Matters Date S
Also Complete Section l
0|
Other Civil Matters Date i____
J udgment__ __°
Judicial Outcome ____ X °
Amount: $
Suspension: be ms M
bi/<1 _
G.
J.Administrative Sanctions Date ________
Subject Description Code ii
Type: Length:
[1 Suspension E] Permanent
j] Debarment E] i
I] injunction
Sentence Date: ____i__
Sentence type: ___,__,__ ° A
lnJail Suspended Probation
YearsMonths YearsMonths Years lMonths
Fines: $ ____ii___
K.Acquittal I Dismissal I Pretrial Diversion
Acqulttal Date it
Dismissal Date S
Pretrial Diversion Date S
L. Subject information Required for all Sections excluding Section D Hostages! and E Recovery/PELP!! »
| Haceo sex ~ -uat-u~ i_r*~~i-i.r~~~~-'i....L.i~ ui=~--~
I bx! p/I
E] Subject related to an LON, Asian Organized Crime AOC!, Italian Organized Crime IOC!, RussianlEastern European, Caribbean, or Nigeggn Origagjszed Crime Group -Complete FD-515a, Side 1 and Side 2. arc en
El Subject related to an OC/Drug Organization, a VCMO Program National Gang Strategy target group, or a VCMO Program National Priorit_ydj1i h_atlve target oup -
Complete FD-515a, Side 2. , _ ,_ " ""-|"Jx Additional information may _be added by attaching another form or a plain sheet oi paper ior additional entries. l - r - FE!=51 tw-
' See d d. °'°° " r ~-~co as on reverse si e F" Q, ~ 4
_ 59?.-': 4.44/9 F%
UW»,-92 v y; -I" ll n
On September 2, 1998 in the Court of Common Pleas,Cambria County, Ebensburg, PA was found guilty in a jury
trial of Harassment by Communication, a third degree misdemeanor,
and Terroristic Threats, a first degree misdemeanor, under the
laws of the Commonwealth of Pennsylvania re ardin telephonicthreats directed toward Insurance Agent, on
December 3, 1997. During this telephone call, also made
threats directed toward U.S. Con ressman John P. Murtha b6Johnstown PA and his aide | for which|:|wa NC ssubse uently convicted in U:S. District Court, Johnstown, PA.:1 currently awaiting sentencing on the federal conviction.
I
_ _.__.§,...._ ..._. . , ., '7 . . . ._ ._ g; __ __ +1 _
A 9
10/29/98 *** ********** CONVICTION **************
Case Number: 89A-PG-64410
Serial No.: 82
Does Accomplishment Involve
Drugs . . . .. .
l A Fugitive. . . .
Bankruptcy Fraud.
Computer Fraud/Abuse.
Corruption of Public Officials:
Forfeiture Assets
Sub. Invest. Asst by Other FOs:SENSITIVE / UNCLASSIFIED
Stat Agent Name:
Stat Agent s0c.=
LOC
Investigative Assistance or Technique Used
FINAN ANALYST
AIRCRAFT ASST
COMPUTER ASST
CONSEN MONITR
ELSUR/FISC
ELSUR/III
ENG FIELD SUP
ENG TAPE EXAM
LEGATS ASST.
EVIDNCE PURCH
INFORMANT/CULAB DIV EXAMS
LAB FIELD SUP
PEN REGISTERS
PHOTO COVERGE
POLYGRAPH
SRCH WAR EXEC
SHOW MONEY
SOG ASST
SWAT TEAM
TECH AG/EQUIP
TEL TOLL RECSUCO'GROUP I
UCOrGROUP II
UCO-OTHER
NCAVC/VI-CAP
CRIM INTEL AST
CRIS NEG-FED
CRIS NEG-LOC
ERT ASST
BUTTE-ITC
SAVANNAH'ITC
POC-HRCSCFT. MON-NRCSC
FOR LANG ASST
NON FBI LAB EX
VICT-HITN COOR
Date of Conviction MM/DD/YYYY! . . . . . . . . . . . . ..: 09/02/1998
Date of Sentencing MM/DD/YYYY! . . . . . . . .. . . :
Subject Description Code . . . . . . . . . . . . . . . .. .: 8A
Federal, Local, or International F/L/I! . . . . . . .. .: L
Felony or Misdemeanor F/M! . . . . . . . . . . . . .: M
92 Plea or Trial P/T! . . . . . . . . . .. . . . . . . .: T
Judicial State. . . . . . . . . . . . . . . . .: PA
Judicial District . . . . . . . . . . . . . . . .
Type of Sentence . . . :
l U. S. Code Violation sy
Year Month
~--- ----- Title Section Counts
Time in Jail. .: ----- r - - - - - - - ~--
Time Suspended.:
Probation Time.:
Total Fines. . :$
Accomplishment NarrativeAssisting Joint Agencies Assisting AgentsReport Date: 10/29/1998
Accom Date.: 09/02/1998
k>6
SOC Subject Name b IC
...... -.
RA Squad Task Force
JOHN 10
Used, but did not help
Helped, Minimally
Helped, Substantially
Absolutely Essential
Form FD-515a Side 2:
Investigative Efforts = N/A OR NONE
Subject's Role = N/A OR NONE
Scope = N/A OR NONE
v~ ~* = =
D . I 4. _b Accomplishment Report , F 1 l V-1° d997! _ 0 compiishment must be reported and ioadedi Date Prepared/¬ Z/Q2Squa s"p?~'S°' app"°Va' within 30 days irom date oi accomplishment! . Date Loaded -E please lnmal! Data Leader's initials i-_
A Fugitive
Bankruptcy Fraud
Computer Fraud/Abuse
Corruption oi Public Officials Q
FoiteitureAssets 1]
Sub lnvestAsstby F0 s! QRate FO IAT, hi ishment involves: ch K 8" 1ha92aPP|Y! k File Number i investigative Assistance or Technique UsedDru 5 _ , 1-Used, but did not help 3 - Helped, substantiallyg y/0 2 -Helped, minimally 4 - Absolutely essential
For Sub. invest. Assist. by other F0 s! indicate A,B,C,D lor corresponding F0
Hate F0 IAT aaie F0 IAT Rate F0 IAT
FL Mon.- Nacsci
For. Lang Asst.
Non FBI Lab Ex
RAAsst. F0 s!__, __, __, _A, e, c, o tl '7/*4Squad b 6I,..I
Task Force
1 .Assisting Agen ts Soc. Sec. No. x
as
Assisting Agencies x 0
1. L0 L 2.Name:
2- $7 . Name:
A. Complaintl information I indictment
Q_Federal Q Local Qlnternationai
Complaint Date E
Check if Civil Fiico Complaint Q
information Date ii
indictment Date QD.Hostage s! Released Date
Released by: Q Terrorist Q Other
Number oi Hostages: ________
Child Located Date ______Fin. Analyst Lab. Div. Exam UCO - Group I
Aircraft Asst. Lab. Field Sup L-ICO - Group It
Computer Pen Registers UCO - Nat. Back j
Consen Mon. Photo Cover. NCAVC 1 vi - CAPI Vict-Wiin Coor
b 7 C Elsurl FISC Polygraph Crim lniel Asst
Elsur/T. lit Search Warrant Crisis Neg. - Fed.
Eng. Field Spt. Show Money Crisis Neg. - Local
Eng. Tape Ex SOG Asst. EFiT Asst.
Legats Asst. Swat Team Butte - lTC
Evid Purchase Tech. AgIEqui Sav - lTc
lniICW lnio Phone Toll Re Poc - WRCSC
S Civil Rico Matters Date F. _____i
Also Complete Section I
or
Locatel Arrest
Q Federal Q Local Qinternational
Subject Priority: E] A Q B Q C
Locate Date
Arrest Date is
Q Subject Resisted Arrest
Q Subject Arrested was Armed
C
H.
State: Judicial District:Summons
Q Federal Q Local
Summons Date ____i__
Conviction
Q Federal Q Local Qlnternational
Conviction Date:
Subject Description Code:__° I !°
For 6F, G, H--Include Agency Code
Q Felony Or Q Misdemeanor
Q Plea Or Q TrialRecovery I Restitution! PELP X
Q Federal Q Local Q international
Recovery Date ii
Code - Amount
$II*
Restitution Date E
Q Court Ordered
Q Pretrial Diversion
Code ° Amount
I It
PELP Dates
Code ' Amount
I It
U.S. Code Violations
Required tor Sections A, B, F, and H
Federal only!
i- 8 em...Other Civil Matters Date ______._
Judgmeni__ i
J udiciai Outcome _ _
Amount: $X.
Suspension: *
G. Administrative Sanctions Date _______.
Subject Description Code____i°
Type: ~ Length:
Q Suspension Q Permanent
Q Debarment Q Q
Q injunction
Q9 Sentence Date: /0 :1 9L' Sentence type: §_,_P__,____ °
in-Jail Suspended ProbationYears Months Years Months Years Months
I I I :> I_;-0 ,4-
Fines: $ ~ .
K. Acquittai I Dismissal I Pretrial Diversion
Acqulttai Date E
Dismissal Date S. .06
Pretrial Diversion Date 7 C
ElEr indlctmentsIConvictions only: .<JL. Subject information Required for all Sections excluding Section D Hostages! and E Recovery/PELP!!
Race Sex Date of Birth I Social Security No. it available!
i°t
Subject related to an LCN, Asian Organized Crime A00!, ltallan Organized Crime IOC!, FlussianIEastern European, Caribbean, or Nigerian Organized Crime Group -Complete FD-515a, Side 1 and Side 2. '
Subectreiat dto OCID 0 ni atio V ' F iniI
X
0J e an rug rga z n, a CMO Program National Gang Strategy target group, or a VCMO Program National Prlori yc tialLvMm ,
Complete FD-515a, Side 2. ¬-.;1;_; . .i
Additional information may _be added by attaching another form or a plain sheet oi paper for additional entries. tn, Serial N0- Oi FD-51
See codes on reverse side. mg 6 '
_ __ 99/4':/1%.-éealet/0 -953
Q -I
On September 2, 199 ' Court of Common Pleas,Cambria County, Ebensburg, PAiiUUiUimiwas found guilty in a jury
trial of Harassment by Communication, a third degree misdemeanor,
and Terroristic Threats, a first degree misdemeanor, under the
laws of the Commonwealth of Pennsylvania telephonic
threats directed toward Insurance Agent,
December 3, 1997 During this telephone ca a so made
threats directed toward U S Con ressman John P Murtha,Johnstown, PA and his aide [:::%::::::] for which[::::::]was' on
~ I
subseguently convicted in U:S. District Court, Johnstown, PA.
currently awaiting sentencing on the federal conviction
On October 15, 1998,[::::::]was sentenced in Cambria
County Court on the above related charges, to a term of 60 monthsprobation with conditions that he have no contact withl::::::::]
or his family and U.S ssman Murtha and his staf , amongothers. In addition,[:fff¬fiwas ordered to undergo a mental
health evaluation, specifically relating to anger management.[::::::]also ordered to pay court costs in the amount of
$25.00/month for the duration of his probation.
92
' 1/ZVQI998! _
FEDERAL BUREAU OF INVESTIGATION
Precedence: ROUTINE Date: 10/2"//1998
To: Pittsburgh
i From: Pittsburgh
Squad 10/JRA
Contact: SAI I
Approved By: I
Drafted Byq I
Case ID #= 89APG64410 Pending! £1
Title:
JOHN P. MURTHA MEMBER OF CONGRESS,
WASHINGTON, D.C. VICTIM;
l2/O3/1997
CCSCAKA THREAT
Synopsis: EC to report staterelated conviction and sentence of
Fenton. K
Administrative: Due to an administrative oversight,'the FD-515reporting[g::::¥;:Ftate related conviction in captioned matter
was not su mitte within 30 days as required. In the future,
every effort will be made to ensure that FD-515s are submitted on
a timely basis.
Details: By way of background, on 12/3/1997, was arrested
on char es he made a threatenin tele hone call to[::::::g:?] an insurance agent.E:?:::::was upset witregar ing repairs to his truc . During the call[:::::::]a1so
directed threats toward U.S. Congressman John P. Murtha and his
aide'|:|
On 7/8/1998, in USDC, Johnstown, PA,|:|was
convicted in a jury trial of threatening the life of CongressmanMurthaq [::::::] is currently awaiting sentence in relation to his
Federal conviction.
b6
On 9/2/1998, in Cambria County District Court, b7C
Ebensburg, PA, in a jury trial,E::::::]was found guilty of
Harassment By Communication, 3rd degree misdemeanor, and
T ' t' Th t 1 t d ' d d h' erroris 1c rea s, a s e ree mis emeanor, regar ing 1Sthreats directed to[::::::::T FD-515 submitted.
Sr L _h8%4-71:6-444/9_,0027//0i,t@, 4/§%~2"*1 __-- '
"rim-"!.-.- _..-_............,.¢ IF ~- ___.
1 K C To: Pittsburg! From: Pittsburgh
. Re: 89APG644lO, 10/27/1998
On 10/15/1998, in Cambria County DistrictEbensburg, PA, District Court Judge Swope sentenced[§¬fE:]on thestatere1ated charges. [:::::]received a sentence of 60 monthsprobation and was not have any contact with[:::::::]or his
family, Laurel Ford, The Tribune-Democrat, or Congressman Murtha
and his staff. In additionJ Iwas ordered to undergo a
1 mental healt tion, specifically related toward anger: management. E:fff%ETwas also ordered to pay costs in the amount
of $25/month for the duration of his probation. FD~515 b6
submitted. b7@
Sentence pending in USDC, Johnstown, PA, regarding[::::::::]conviction of threatening U.S. Congressman Murtha. Will
follow and report results.
90
2 .
it
L,
il.
41,
>
ji.
1;if
*5
f
2
1
4
l
i1
1
9
2
L92H.
DISTRICT ATTORNEY
|:|
P.O. Box 129
Iolmstown, PA 15907wwm nf amhgl
DAVID J. TULOWITZKI PATRICK T~ KTNIRY
, __ =" -~.92'/ FIRST ASSISTANT
'5. CHRISTIAN A. FISANICK=:,ym l Iillvn/J1.23:4" ii L H - £ CHIEF DEPUTY, APPELLATE DIVISION==:'_92 j 9292. f./5-kg~ 41 ,_zsl.4 _ . My-,@,." ~4W,4 "li! ,
T§ffi1:2 nf the Eizirint Qtttnrneg
EBENSBURG, PENNSYLVANIA
814! 472-5440
October 22, 1998
J6
Enclosed please nd the copies which you requested on the above captioned case. Ifyou
have any questions, please feel "ee to contact me.
enclosureVery truly yours,
Secretary
n92
IN THE COURT OF COMMON PLEAS CRIMINAL - OF CAMBRIA COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA ' N0. 2 3 3 4 19
' vs. /7/:7/4/4.55/175/U7" 5 y
Pa/MAP /.- /:5/VT /U , Comma/d/@177/*0/M 0/? /400/?./555
. V E R D I C T .
AND NOW, 2- , 19 , we the Jurors empaneled in the
' »/"above entitled case, nd the defendant, 60/ Z7
4.
Ema 62%/Let
A
~.
S, W.
l
/
I
4-.L 1 U_. .F
IN THE COURT OF COMIVION PLEAS - CRIMINAL - OF CAMBRIA COUNTY, PENNSYLVANIAIt I
COMMONWEALTH OF PENNSYLVANIA = No. 255% //7! 19 77
vs. 7'£m<M/'s 7/c ////<5,475Z-
Pa/Mzp A, F§/1/7v// =
VERDICT
AND NOW, 5 T Q , 19 , we the Jurors empaneled in the
éIabove entitled case, find the defendant, 661/! 7
WM
1'
IForeman
92
S, t
/
I
>
1 $1 l 1 i 1'" " 1 |
fl IN,,THIE COURT [IF C00N PLEAS -- CRIMINAL -- OF '92IIBIIIA COUNTY, PENNSYLVANIA
TRIAL .
Defendant: ...... ........... .. No: OTN: .I'....l.l.3,5.3.9.:.l......
Charge: ..... ................................................................................ ..
Date of Verdict: Judge: .E!1HQMAS...A....SWORE,...J.R...... Clerk: ..J.....KOVACH ........................... ..
Defense Counsel:3:....Q.Q§§9§?§N. ............ .. Commonwealth:..S.C.Q.'J3FlT...RQB1ll92IET.'IECt. Steno.:...B.....BEARER ............. ..
Sentencing date is ...... .. day of ......... .. , 199 3 Pre-sentence investigation report by the Cambria County
Probation Ofce/ Pennsylvania Board of Probation and Parole is due "5 ......... .. day of .......... .. , 199 8
Bond continued. Bond of $ ............................................................... .. set. Defendant remanded to Jail ........
NOW, ...... 199% the defendant, ....D.ONALD...L....LEEN!IEON ................................................... ..
Address! ..Z.I.*.§.4%...3§EP1fQl§1?....§I.,....¢IQl7lNS.'I.Ql!Il§I.,....l3A...l.5.9.Q.4i .............................................................................................. ..
.-
coumv JAIL!
STATE PRISON!
PROBATION!
OTHER CONDITIONS!
PAYMENT PLAN!
Car Used: I:I Yes III No
VVHITE CLERK OF COURTS!E is sentenced to pay the costs of prosecution,SENTENCE _
I:I restitution of $ .... ......... ..
I:I the sum of $ ....................... .. for the use of Cambria County
I:I and undergo imprisonment in the County Jail for a period of not less than
................................... nor more t an1 ' 92III Defendant is given automatic parole ....... .. Z ...... ! . .
III and is to be committed to the Western Correctional, Diagnostic and Classification
Center located at the State Correctional Institution, Pittsburgh, Pa. for a term of not less
than ._ ....... .. years nor more than ........ .. years. Defendant shall be delivered to said insti-
tution by the Sheriff of Cambria County.
I:I'and is placed on probation for a period of ............................... .. , under the supervision
of the Cambria County Probation Ofcel Pennsylvania Board of Probation and Parole.III Sentence shall be served consecutively with
l. How much money can you pay a month on your bill? ................................................... ..
2. Do you understand if you miss a payment it will be a violation of your sentence and
you could be placed in jail? ..................................................................................................... ..
3. Do you agree with this condition of your parole? ............................................................ .. I
III The Court Orders the defendant to make monthly payments of ................. .. which I
includes .................... .. probation fees; .................... .. collection fees; .................... .. on costs, I
restitution and nes.
Payment will be due the ................. .. day of each month beginning the ................. .. day of
................. .. , 199 . These payments are one of the conditions of the defendants sentence.lf the payments are not made, it will be a violation of the sentence and could cause
incarceration of the defendant. /'
BY THE COURT: . ....................................... ..BLUE PROBATION OFFICE! YELLOW J_UREEN MR! PINK JAIL!
-_; mint count or cmlom PLEAS -- CRIMINAL -3 or Qmamt cnumv, PENNSYLVANIA
TRIALDefendant: .......D.ONALD...L......EEN.mON ................................................ .. No: ...23.3C.?6,.!=.9.7.... .A.!..OTN:.E....l.l§§.3.9.:.l ..... ..
Charge: ..... ....................................................................................................................................... ..
Date of Verdict: .SELE.T..._..2,.._.l.9..9.8 Judge: .THOMAS...A......SWOPE.,....JR....... Clerk: ..JOXCE..KO.VACH ................... ..
Defense Counsel: .......... .. Commonwealth:..Cl....SCQiIliE...ROBINET!lIE Steno.:B.....BEARER ................ ..
Sentencing date- is ...... .. day of ...Q.q'.li.-. ......... .. , 199 3 Pre-sentence investigation report by the Cambria County
Probation Office] Pennsylvania Board of Probation and Parole is due ....... .. day of .Q.C.'I., ........... .. , 199 8
Bond continued. Bond of $ ............................................................... .. set. Defendant remanded to Jail ..................... ..
SENTENCE
NOW, 199 3,/the defendant, ...................................................... ..
Address! ....Z.4t.3.l.t...BEDEQRD....$T....,....JOl'lN.$TQWN.,....PA...l5.9.Q§ ......................................................................................... ..
-
COUNTY JAIL!
STATE PRISON!
PROBATION!
OTHER CONDITIONS!
PAYMENT PLAN!
Car Used: El Yes El No
VVHITE CLERK OF QOURTS!E is sentenced to pay the costs of prosecution,
El restitution of $ ....................... ..
[:1 the sum of $ ....................... .. for the use of Cambria County
|:| and undergo imprisonment in the County Jail for a period of not less than
................................................................. .. nor more than
El Defendant is given automatic parole ...................................................................................... ..
El and is to be committed to the Western Correctional, Diagnostic and Classification
Center located at the State Correctional Institution, Pittsburgh, Pa. for a term of not less
than , ....... .. years nor more than ........ .. years. Defendant shall be delivered to said insti-
tution by the Sheriff of Cambria County.
E] and is placed on probation for a period of , under the supervision
of the Cambria County Probation~Off1ce/ k.
El Sentence shall be served concurrently] consecutively with ............................................... ..
.................
l. How much money can you pay a month on your bill? ................................................... ..
2. Do you understand if you miss a payment it will be a violation of your sentence and
you could be placed in jail? ..................................................................................................... ..
3. Do you agree with this condition of your parole? ............................................................ ..El The Court Orders the defendant to _ ake monthly payments of whichincludes ...... ..Q ........ .. probation fees; ..... .. collection fees; on costs,
restitution and nes.
Payment will be due the day of each month beginning the .... ......... .. day of
, 19%: These payments are one of the conditions of the defendant"s sentence.l the payments are not made, it will be a violation of the sentence and could cause
mcarceration of the defendant.
B THE C URTY 0 = ...... .................... ..
BLUE PRQBATION lF_F_lCE!_ YEI.:l.:OW JUDGE! _ eREEN MH|92grt!_ f_||_92|§<_ .1_.f92||i
l ,
l Mount Clipping in Space Below] __
.--<1I.
Lots pf judicial advice,f_0
By SOOTI HOVANYET
of threatening the
Murtha, D-Johnstox
more jail time Thur
Cambrla County Jhe Tribune-Democrat, Johnstown, Pa. _
Friday, October 1e, 1998 fEdition: Indicate pane. name or p G3
new-5p;gp92?r, city and stoic.! .
b6
b"/C
Dale: .
. BER OF CONGRESS,_ WASHINGTON, D.C. - VICTIM;12/ o 3/ 1 9 9 7 :
CCSCAKA-Tl-iREAT
. or
Classilicalionx
Submitting Ollice:
$9//-P6~~ es/_s//a Q
ives of U.S. Rep. John "Q. .92
Inot to contact those 1 op r ive years Y
n tenced Donald L. Fe on, 52 to 60 months probation but let him grit free with three monthshe has already serves
In September, aC:victed Fenton of threzlltening Randy Leventry, tact with Leventryan acliuster with irie Insurance Group; his staff, Laurel Ford or The Tribune-Demoes of The Tribune-Demo- t "t Murtha; and employcrati hria County Jury con-Iil time for Fenton -
v F in TRIBUNE-DEMOCRATMAINLI BUREAU §.§I=;,» ~ ~ ~1"EBENSBURG A istown man convicted "
lrn, and others avoidedilday but had to promise 92"~; *2"; " l,3§/'92 is lefo f . ,ridge Thomas Swope sen~ »Z--1 '" r _ ' ,- '5
r * .,
lmleill , FentonmI .tr
This is something we :_________._._.._--_
just do not do to people, -
Swope told Fenton and his
public defender, Richard
Corcoran, at the sentenc-
ing. You may think you
may be doing right, Mr. Fenton, But youve got to '
straighten your thinking -out." 92
During his probation, '
Fenton must have no con-
or his family, Murtha or
Please see FENTON, A41
FENTON i
Continued from A192
rat, Swope ruled. If illenton does,Swope could put him in,prison for upto ve years.
I'm forcing you to l lehave your-
self," Swope told Fen1bn. I don'twant this to happen agaqln. I'm doing
this for your own good.
That means no more |etters to the
editor of The Tribur e-Democrat,
Swope added.
You have a tendency to talk whenyou shouldn't be talkinii, and thatscausing ou roblem
problem."Swope told Y P 5.Fenton. And you l1ai|e an anger
To correct that problem, Fenton
must undergo a mental- health evalu-
10-minute telephone céwith Leventry about pr}his truck and insurance
repairs. Fenton claime
engine when they forgotoil.
July on separate charge
from the same incident,
ing Murtha and his
Hugya.Fenton was made to vi
tronic-monitoring braci
ditions. -'
Fenton told Swope at 1
ing he was giving his Vi
would obey the ruling.ation with an emphasis on angermanagement, Swope said.Accordin to rosecu .ors, Fenton E P
made the threats in Delcember in a
nnversation
oblems with
coverage onmechanicsat a repair shop miner? the trucks
10 ll it with
, stemmingf threaten-
ide, JohnA federal jury convictg Fenton in
ear an elec-
zlet on his
ankle as part of hlS federal bond con-
lhe sentenc-
ord that he
"I never intended tti hurt any-
i-THl;'¥Rl8UN8~DEMOCRA1' e
Donald I» Fentongot into true.
hie» wheelie threatenedtqltill
employees Qf$i§i3181II$InB6.é0l!l1J8»ay and othersdiuing axelephone
interview withlan insurancelagentea Den 3. '
. 92Fe;;1nn=apparently was-upSli%t » that Erie Insurance didnet cover
all-repairs to his vehicle.
On Dec. 3, Fenton called an
insurance agent to cornpiain abouti anvther emblem with:-hisxmck.
The vehicle bad beenmand out of
repair shops for months ever sincea garage - whichhadliabiiity
insurance withErie- failed to_
replace the oitdnringlan oil» change and the engine was-rained.
ienton, who sa1dhe"nee¢_ied-the
truck for his construction busi-
ness, was told tetake the truck y
back to algarage to be checkect
1' Unhappy wiglshew his claim wasbeing handled, Fenton told the
insurance agent that ifhe went to
the savage, he might kit! employ-
ees there. _ t ~ ,V Telephone th¥¬ats.]'l lead to '
as a-gment speech during a/heat-.
A$2irinet¢=beinae1évte11~ftom' .Fenton alsesairi 1;e.be11evezi=
, Rep. Joi_m~1§/I§1rt1;a, D-vlohn-'
,: stone; waslin aoeazslpiracy with l33rie.Insaranee:anrl'me'Tribtme
hemoerat temin 3-Ie said
Mmtha hadstolen hisideas about
the economic reooyery U§Jl§I_l}3~_ ;
§enton~tI1;eat@11e1Tt6£shoot ,§ Martha, allvlurtlae aide, albthe
gemployeesoflhqie In9R1l!&.!1¢§>ai1d ,
5 en1pIoyees.ofThePrihi_n1e~Denzo;~ rat, thelatterlhecauseittoolg three§ months'1:o~pubIish hisieiter the
g Readers Forum. _ V
Fenton had.test.iiie§i§nc0nr't
that he used the word k§iIl" only
gedeonversation. - -, ,
In-lettersto~theReaders$ornm,
Fenton also accused-other area
Qleatiersofsteatinghisecoiiqmtc pZfevwreryideas - t
é the mt 1!istt1¢t~1f0'the stateouse
§ ofkepresentattveein 1996, Fenton a1temnte§~aw'rleie vammiet. Heilost the~.e1ection.- ~ ~ Y T~ '.>»:92.:-,, , 9
body, Fenton said.
At the sentencing, Corcoran point-
ed out that Fenton had a right to his
opinion and that TribuneDemocrat
Publisher Pamela 'J. Mayer had stat-
ed that Fenton didnlt deserve jail
time. _
The media attention has blownthis way out of proportion, COI'C0ran said.
Fentons alleged threats even
affected Johnstown City Council. In
August, Councilman Todd Rastall
caused a controversy by bringing a
gun to a council meeting because
Fenton planned to attend.rm/r92vr92l
92
1
<v
lI
r
l
lll>
I
I
92
.. ..._._-.,..-_,_.._.-.._.1.. _-qiniii. .v -s - -~-----~--- ~-~ -
~ D O
1/26/1992!
FEDERAL BUREAU OF INVESTIGATION
Precedence: ROUTINE Date: 11/05/1998
To: Pittsburgh Attn: CDC, SAI I
From: Pittsburgh
Squad 10/JRAContact: SAI I
Approved By: I I 6
b
Drafted B1" Ill? W .
Case ID #: 89A-PG-64410 Pending!~ 92 /;;,;.7¢/,¢=/~ z///5-"_7/3*
Tit1e'
7./ S g0 >s/ >14 r *~"/ ,
JOHN P. MURTHA - MEMBER OF CONGRESS
WASHINGTON, n.c. VICTIM
12/3/97
CCSCAKA THREAT
Synopsis: EC to r e recording and retention of two voicemail messages fromEffff:fT left on SA[::::::::]office answering
machine.
Administrative: Re telcal of SA[::::::] JRA, and SA[:::::]
[::::::] CDC, on 10/30/98.
Details: or information, on 10/29/98, at approximately 3:30 PM,
recorded two ! telephone messages from ' ice
voice mail onto a cassette tape for retention. SA had
wed and then saved these messages le yfirst contacted SA[::::::]on 10/10/98, a
approxima e y 4:43 PM and then again on 10/13/98, at
approximately 8:22 PM.
Subsequent to the receipt of these messages, AUSA[::::]1%
WDPA, Pittsburgh, PA, was advised of the d kC
ent In addition, at the request of AUSAseir cont . ' E:%?i;§ifff:fTFPDE::::::::::::] Pittsburgh, PA, who represents in
cap ioned matter, was also advised of the messages.
Based upon the referenced conversation with CDC
[:::::::] regarding the proper handling of recordings copied from
office voice mail, the cassette ta e containin a recording ofthe voice mail messages left by[::¬:::]on SA[:¬::::::]office
answering machine, to be handled in a manner that comports with
Elsur regulations and policies to ensure compliance with Elsur
Search G'en._.__,__,,__:;
Foims IS¢."."i7I§Z*!I _ , %/Ir.':'~:-»"/,2; E V
1-F0-.9 .1- . - .__._, ,. .-
ga?/Q -/W%:Yé§/QQY74?Z?- I l.§-£9é C7///Z.;77£/J74 "17!
9 I11.5 .
To: Pittsburgh From: Pittsburgh
Re: 89A-PG644l0 Pending!
guidelines. In this regard, appropriate Elsur related paperwork
has been prepared and submitted for approval.
60
2
9
0'
Automated Serial Permanent ChargeOut
FD5a l594!
Case ID: 89APG6441O Serial: 88
Description of Document:
Type : EC
Date : ll/O5/98
TO : PITTSBURGH
From : PITTSBURGHDate: ll/10/98 Time: 10:08
TOpiC: EC TO REPORT THE RECORDING AND RETENTION OF TWO VOICE
Reason for Permanent ChargeOut:
INDAVERTANT DUPLICATE SERIALIZATION OF THIS DOCUMENT BY ELSUR CLERK
Employee:' I
-0b6
b7C
in, l» I ox 1 ~
iqiéqui Mount Clipping ln Space Below!
W
I
aw. tr
We
r at _:3 qt 1 ' *4. I =5" I
.-~ -
I1 ilili.
, m
n
_ :ltiilllll.:.
I l, l
Jlw
1 7"W
l .THEFe
By JA}TFl|l
l
l
ion GREEN}UNE-DEMOCRAT
A f ~ deraljudge has thrown out the
C01!
U.
was
Lee F inand n $lId6I. the congressman.Sml;tion of a Geistown man on v1
charélés he threatened the life of U.S.Rep. John Murtha, D-Johnstovm.District Judge D. BrooksSmitlthruled a jury's decision in Julycorrect and acquitted Donald
ton of threatening to assault
gm said Fenton made no direct
threa on the congressmans life.
Ferton, a 41-year-old self-em-
ployel contractor, had been free on
bond awaiting sentencing, but was
to wear an electronic moni-forcet.
torina device. He faced up to ve
£11 iiVt-.ye s prison and a $250 O00 fine. 92 tn , .$ n Fenton testied in his own
defense, he denied wanting to kill
Murt.l~.a.
L
Des.. he admitted using the word -l kili y| during a heated conversation
1997, with Randy Leventry, aninsunjmce adjuster for Erie Insur-£11102 Io. in Richland Township. Fen-
icl it was a gure of speech."l
ton stTh§- case began i.n 1996 when Fen-
ton sglggested ways to rebuild the
finanrially distressed Johnstown
regioiHeold the jury that he planned tointro iluce a mass transit system,
Nat
bettdévelllp a ski resort and build a
Kinal Football League stadium
en Johnstown and Pittsburgh. Vi
Fenton said hercould accomplishhis Q5315 without government mon-
ey and by selling shares of stock at
$100D
mete ach.
u_i'ing testimony, Fenton said he
with John Hugya, an aide to
ltl92J.rt'1a, at the Incline Station
res
votetat
was isappointed the congressmandidn
Fenton subsequently switched hisgrant to discuss his ideas and
iattend.
registration from Republican rto De lhocrat and decided to become acandliflate for Murthas seat.Fe o ' it n testified to havmg numer-i Indicate page, name ol /JG if /
newspaper, city and slate.!
"F112? "7'?L16u»/E-
Jai//1117 /,/,_/0 .
'1/-//W
_ J4!/-J MUM ' -
m>¢,,J5p_,43~;- -i/.rE,7'7,>2Q!.u Cllaraclerz /17 /3/Q 7 . -
.1
~s"" '*/ as » c, t
Lli V ._ ' .~l '1-I I . t at-~ in9 1. . 1:1; .~M5"-"ii. -.1-135-"";"l,-Tye _-W.
Rep. John I-iurtha
Supposed target of threat
ous mechanical problems with his
work truck and he contended local
garages were" involved in dirty
tricks.
Unhappy with Leventrys han-
dling of an insurance claim, he
became suspicious and believed he
was being followed.
The case focused on the telephone
conversation with Leventry. The
insurance agent testified that he
took notes during the conversation,
which he said included threats by
Fenton that he would kill Murtha.
Leventry called Stonycreek Town-
ship police. Charges of making ter-
rorist threats and harassment were
led. The FBI was contacted.
In his ruling, Smith gave two rea-
sons for overturning Fentons con-
viction:
Because the intimidation was
directed at Leventry rather than
Murtha, no direct threat was made
on the congressman.
H Mnrtha was not threatened in
his capacity as a congressman..or _£_S-¢4k,y»77*l¢7->47' Classication: =
Submitting Ollice: -
yea-Pa-ée%@"
indexing: -DE//20 C/V97
Q/<1a
1
J
. l
:..,-
1.4 1
t
. 92
ntons federal conviction tossed
Donald~Fen§orr
Admits using word kill
Neither Fenton nor Marketa Sims.
his public defender, could be
reached for comment.
<Leon Rodrigues, an assistant U.S.
attorney who prosecuted the case,
said he has a right to appeal the deci-
sion.
l-Ie said he must review details of
the case before deciding whether to
challenge the decision.
Fenton also has been convicted in
Cambria County court for threaten-
ing Leventry, Murtha and employeesof The Tribun<->Democrat.
He was sentenced to 60 months
probation in October, but allowed to
go free with three months already
served in jail.
l
ll .l>
, lll<
l1
l
i.
is
l
a
II"'92
..
I 1
._> .
z'_
1
1
lF " ' * I
/ ~ r 0 . Q 0*
'5!
IN THE UNITED STATES DISTRICT COURT /92
FOR THE WESTERN DISTRICT OF PENNSYLVANIA I
UNITED STATES OF AMERICA, :
v. 1 Criminal No. 98-11 ff
v
DONALD LEE FENTON, = N. ,1. < :~;-";1-Defendant ;:};=.1 ~f
MEMORANDUM OPINION and ORDER
D. BROOKS SMITH. District Judgg
Donald Lee Fenton was tried before a jury and found guilty of violating 18 U.S.C. §
115 a!! B!, threatening a federal ofcial. At the close of the governments case, as well as at
the conclusion of all the evidence, Fenton moved for a judgment of acquittal under Fed. R.
Crim. P. 29, arguing that the evidence was insufcient to support his conviction. I deferred
ruling on both motions. After careful consideration of the briefs and oral argument, I agree and
will grant the motion.
I.
Fentons conviction arises out of a heated conversation with insurance adjuster Randy
Leventry, in which he made death threats against, , Leventry, the staff of the
Johnstown, Pennsylvania ofce of Erie Insurance Company, United States Representative John
Murtha and his aide, John Hugya. The evidence at trial revealed that this altercation arose, not
over matters of political philosophy, but over a dispute concerning allegedly defective repairs to
92
Fentons fourteen-year-old pickup truck. How Congressman Murthas name came to be
3- "-%* 7 E ' %'*"§ .
y I
lFenton has also been prosecuted under state law for terroristic threats and harassment by
communication. It goes without saying that his conviction in the Court of Common Pleas of
Cambria Cotmty is unaffected by the instant adjudication.
92
. {"92..92
. /55 /
92
A0 72A
Rev. 8/82!**** " 7' - -28> V »*~ '- -
involved in this otherwise private dispute bears further discussion.
Fenton, an odd jobs contractor by trade and a community activist by self-profession,
developed a somewhat grandiose plan by which he believed he could rejuvenate Johnstowns
agging local economy. This plan, according to Fenton, required some $60 million in federal
ftmding. To secure that money, he contacted the ofces of Congressman Murtha and was
directed to Murthas local aide, John Hugya. Hugya agreed to meet Fenton and discuss his plan
sometime in July 1996 at a restaurant at the top of the Johnstown Inclined Plane. Fenton
arrived at the meeting with his plan, contained in a pizza box, which involved various ood
control, transportation and recreational improvements. Hugya told Fenton that a plan of such
size would normally require a partnership of federal, state and local governments and directed
him to John Skiavo at Johnstown Area Regional Industries. Dkt. no. 127, at 66. The meeting
then ended, and the two had no further contact.
Fenton, however, believed that Hugya and Mmtha liked his plan and wanted to take
credit for it themselves, even if that meant ruining him, discrediting him or driving him to
suicide in the process. He therefore came to see both Murtha and Hugya as conspirators against
him, although there existed no rational basis for such a conclusion.
Almost a year later, in June 1997, Fenton brought his pickup truck to Carmens
Wholesale Tires to get an oil change. The mechanic, however, failed to replace the oil, as a
result of which the tn1cks engine was destroyed. Carmens was insured by Erie Insurance
Company, which assigned Randy Leventry to investigate the claim on June 5. Leventry
authorized the installation of a rebuilt engine.
After Fentons truck was retumed on June 13, it was discovered that the mechanic who
2
b n
AO 72A
Rev. 8182!V I . _ _
I
C O
installed the engine had not replaced the pilot bearing, which resulted in the destruction of the
transmission. Leventry authorized the transmission to be replaced as well. Fentons truck was
serviced by J ohns Transmissions and retumed to him on July 2. The very next day, the truck
developed further problems involving oil leakage, which were repaired by Laurel Ford but
which kept Fentons vehicle out of operating condition until July 17. Erie Insurance did not pay
for these repairs, as they were covered under the engine warranty. The same problem recurred
on November 24, and Leventry instructed Fenton to bring his truck back to Laurel Ford. The
malfunction was corrected and the truck was rettuned.
Unfortunately, the engine problem occurred again on December 3, and it proved to be
too much for Fenton to take. He called Leventry and said that the truck was leaking oil and
spewing oil everywhere, that he was--he wanted something done. Hes tired of all this, these
problems with the truck. He said that he had gotten a gun and bullets and he was going to start
killing people. Dkt. no. 126, at 64 Leventry, direct!. Fenton went on to tell Leventiy that if
Laurel Ford said they repaired the truck, theyre liars [] and that the truck was worse, than it
was before the repairs were perfonned. I_d. Fenton continued to discuss his claim with
Leventry, who testied that his demeanor was, for the most part, fairly matter of fact[] in this
portion of the conversation. Ill, at 65.
As the discussion progressed, however, Fentons tone became more agitated and he
seemed desperate. 1_d_. [H]e said that Murtha, Congressman Murtha, was conspiring with the
insurance company and the [Johnstown] T ribune-Democrat to ruin him and to cause him to
commit suicide. Li Fenton then stated that he was going to shoot Congressman Murthas
head off. He also said that he was going topshoot John Hugyas head off. Id, at 66. Later in
3
AO 72A
Rev. 8/a2!r r -
" 0 0
the conversation, Fenton told Leventry that he was going to kill all Erie [Insurance]
employees. Id, at 67. He continued, I may not kill you, but if I were you, I would keep my
doors locked because once this gets started, I dont know whats going to happen. I_d- Fenton
then elaborated further about the nature of the conspiracy he believed was operating against
him:
He did say that Murtha stole his ideas for an economic recovery plan that he had
drawn up. It had to do with an overhead rail transportation system and other
ideas that he had. . . . He said that since Mr. Murtha stole Mr. F entons ideas,
that now Mr. Murtha would have to see that Fentons either killed or commit
[sic] suicide.
Ll, at 67. Fenton went on:
He said he had spoken to his pastor, and he had--he knows that God
would forgive him for what hes going to do; that if the Government declares
war on him, he was going to have to take a body count. . . . He said he was
desperate, that he hadnt eaten for three days; that Congressman Mu1thas trying
to destroy his business and has succeeded in doing so. . . . Ivlr. Fenton told me
that he had been to Vietnam, he said, in 1975. He said that he had seen people
die there, that hes not afraid to die. He said that he would kill until hes killed.
He said that when he dies, there would be a tape, that he had produced a
videotape. It would be disseminated to the press, it would be detrimental to Mr.
Murtha. It would lay out the entire conspiracy. . . .
Towards the end of the conversation I told Mr. Fenton that I hoped that
this was his way of reaching out for help. He told me to tell that to CNN. I told
him that I would not--I would not be able to keep this silent, that I would have to
make a few calls. He understood that.
Li. at 68, 70.
Fenton did not tell Leventry to convey the message to Murtha, nor was there evidence to
suggest that Fenton even implied that Leventry should do so. For his part, Leventry did not tell
Fenton that he was going to relay the contents of the conversation to Congressman Murtha, nor
did he contact the Congressmans office. g dkt. no. 127, at 42 Leventry, cross!. In response
4
F "1
AO 72A
92Fiev. 8/82!O O
to Fentons agitated statements, Leventry called the local police department, resulting in
Fentons arrest. Officer Price subsequently contacted Hugya and apprised him of Fentons
statements. g dkt. no. 127, at 58. Hugya then called FBI Agent Dale Frye. Ll, at 69.
Fenton was subsequently indicted under 18 U.S.C. § 115 a! l! B! for threatening
Murtha Count I! and Hugya Count II!. On Fentons motion, I dismissed Count II, holding as a
matter of law that Hugya was not an ofcial within the group of protected persons
enumerated in § 115 ' 10 F. Supp.2d 501 W.D. Pa. 1998!. The case United States v Fenton
was tried to a jury in July 1998, which returned a verdict of guilty at Count I, threatening
Congressman Murtha.
II.
Fenton contends, under Fed. R. Crim. P. 29, that the evidence introduced by the
government at his trial was insufficient to support his conviction under 18 U.S.C.
§ 115 a!! B!. In deciding the question of sufciency, the evidence must be viewed in the
light most favorable to the government, and the conviction must stand unless it appears that
there was no substantial evidence from which a rational trier of fact could have found the
defendant guilty beyond a reasonable doubt. United States v. Cooper, 121 F.3d 130, 133 d
Cir. 1997!; United States v. Obialo, 23 F.3d 69, 71-72 d Cir. 1994!.
The statutory provision under which Fenton was indicted provides, in pertinent part:
2
I also granted in part Fentons motion to suppress certain evidence, United States v.
Fenton, Crim. No. 98-1J, 1998 WL 356889 W .D. Pa. May 28, 1998!, and denied his motion to
dismiss the indictment on account of alleged prosecutorial misconduct before the grand jury,
United States v. Fenton, Crim. No. 98-1.1, 1998 WL 356891 W.D. Pa. June 29, 1998!.
Familiarity with those opinions is helpful, but not necessary, to an understanding of thismemorandum. '
5
AO 72A
Rev. 8/82!Whoever. . . threatens to assault, kidnap, or murder, a United States ofcial. . .
[i] with intent to impede, intimidate, or interfere with such ofcial. . . while
engaged in the performance of official duties, or [ii] with intent to retaliate
against such ofcial . . . on account of the performance of ofcial duties, shall be
punished as provided in subsection b!.
18 U.S.C. § 115 a! l!. This language contains an actus reus, specically, making a threat, as
well as two dened forms of mens rea: l! intent to prospectively interfere with the victims
exercise of ofcial duties; or ! intent to retaliate against the victim for the past exercise of
ofcial duties. I will discuss these elements seriatim.
III.
Section 1l5 a!! B! proscribes only threatening communications, recognizing that not
all apparently threatening utterances fall into the category of true threats. The words spoken
by F enton without question reeked of animus, but his statements regarding Congressman
Murtha were made only to Leventry. The evidence shows merely that Leventry was an
insurance adjuster with no connection to Murtha. The question that animates this case, then, is
vvhether such remarks, spoken during a conversation with an Lmrelated third party and not
directly to the victim, constitute a threat within the meaning of the statute. I conclude that, on
these facts, they do not.
The statute criminalizes a form, albeit an unsavory one, of pure speech. As such, it
must be interpreted with the commands of the First Amendment clearly in mind, Witts_L
United States, 394 U.S. 705, 707 969! per curiam!, against the background of a profound
national commitment to the principle that debate on public issues should be uninhibited, robust
and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly
sharp attacks on govemment and public officials. Ii at 708 quoting New York Times Co. v.
69
[
A0 72A
Rev. 8/82!Sllliig, 376 U.S. 254, 270 964!!. Moreover, Anglo-American jurisprudence in recent
centuries has rejected the notion that a persons mere thoughts, however evil, can be
criminalized. g i_cL at 709-711 & nn.1, 2 Douglas, J ., concurring! discussing English law of
constructive treason and the American Alien and Sedition Acts!; United States v. Alkhabaz,
104 F.3d 1492, 1494 th Cir. 1997! our law does not punish bad purpose standing alone !.
Thus, in Ni, the Supreme Court reversed the defendants conviction under 18 U.S.C.
§ 871 for threatening the life of President Jolmson under circumstances clearly indicating that
his remarks were nothing more than a kind of very crude offensive method of stating a
political opposition to the President. 394 U.S. at 708. On the other hand, true threats enjoy
no legal protection. See United States v. Kosma, 951 F.2d 549, 553 d Cir. 1991!.
At the polar opposites, this distinction is easily applied. Had Fenton accosted
Congressman Murtha in person or written him a letter, there would be no question, based on the
words he used, that a true threat was intended. The remarks need only be such that a
reasonable person would foresee that the statement would be interpreted by those to whom the
maker communicates the statement as a serious expression of an intention to inict bodily harm
or take the life of the [object]. I_d at 557 citing cases! threatening communication mailed to
President Reagan!; accord United States v. Orozco-Santillan, 903 F.2d 1262, 1265 9th Cir.
3
In Watts, defendant was a yotmg man who attended a protest rally in Washington.
Speaking up in an open-air discussion group, he stated, And now I have already received my
draft classication as 1-A and I have got to report for my physical this Monday coming. I am
not going. If they ever make me carry a rie the rst manl want in my sights is L.B.J. They
are not going to make me kill my black brothers. 394 U.S. at 706. The other participants, as
well as the speaker himself, responded to this statement with laughter. Id, at 707. In addition,
the Court noted that defendants threat was conditional, and based upon an event he vowed
would never occur. Q I
7
A0 72A
Rev. 8/82!1990!. It seems equally clear that, had Fenton hiked alone several miles into a forest and
recited his diatribe only to himself, convicting him under § 115 would be tantamount to
punishing his mere thoughts rather than any actual threat. So too, had he uttered the words to a
close friend or relative in strict condence, conviction under this statute would be unjustied.
But here, Fentons words were spoken to a third party unrelated to their object, and whose
relationship with Fenton was at least arguably adversarial, placing this case somewhere between
these two extremes.
Two courts have recently dealt with this issue. In United States v. Bellrichard, 779 F.
Supp. 454 D. Minn. 1991!, g, 904 F.2d 1318 8th Cir. 1993!, defendant sent a series of
threatening letters, most of them directly to their intended victims, and was indicted under 18
U.S.C. § 876 for mailing threatening communications. One letter, however, was mailed to the
girlfriend of a defendant awaiting sentencing. In that letter, defendant threatened to kill the
sentencing judge. Q at 457-58. In holding that such a communication did not constitute a true
threat because there was no connection between the recipient and the intended victim, the court
opined:
In the present case, the postcard to Ms. Hoeper contains no request that it be
cormnunicated to the individuals allegedly threatened. There was no evidence at
trial that Ms. Hoeper was likely to understand that the postcard was to be so
communicated or that it was likely that it would be. Indeed, there was no
evidence that Ms. Hoeper had any connection with the persons allegedly
threatened which could make the language used by the defendant in his postcard
to her a true threat against those persons. The specic language of the postcard
should not be isolated from the whole context of the communication. No
reasonable recipient, in light of the context, could interpret the defendant's
statements about third parties as a true threat within the ambit of E. The
4
The court upheld those convictions. I_d. at 461.
8
T2. . ... . _v ._ _ W ..._...........~...,.
AO 72A
Rev. 8/82!statute should not be applied under these circumstances, and this count should
not have been submitted to the jtuy.
Iii, at 459.5
In Alkhabaz, the defendant was charged under 18 U.S.C. § 875 ! for sending messages
over the Internet which expressed a sexual interest in violence against women and girls. 104
F.3d at 1493. The messages contained stories, the content of which can only be described as
horric, depicting in graphic detail the abduction, rape, torture, mutilation, and murder of
5
The Bellrichard court went on to state:
The interpretation of the statute favored by the government could lead to absurd
results since it does not take into account the particular context of third party
threats. The First Amendment limits the reach of the statute as to third party
threats by requiring consideration of the whole context of the communication.
The statute should not be interpreted to cover every letter which, apart om its
context, seems to threaten a person other than the addressee or letter recipient, as
the government argues. For example, if a prosecutor mailed defendant's letters
to another government ofcial for analysis or review, that conduct could be
covered by the statute--mailing a threat to injure the person of another.
Similarly, if the court mails this opinion to West Publishing Company, having
quoted verbatim the language used by defendant which is alleged to be
threatening, that conduct could be covered by the statute. Also covered would
be the conduct of a member of the general public, who, attending this trial of
widespread interest, took notes of defendant's statements and mailed them to a
family member, law professor, or newspaper for their information. Of course
these results are absurd and reach constitutionally protected speech. More must
be required for conviction tmder the statute. Conviction requires that the
communication be a true threat. This means that a reasonable recipient, familiar
with the context of the communication, would interpret it as a threat. It is this
contextuality which prevents conviction under the hypothetical situations
described.
Ii at 459 footnotes, citations and intemal quotation marks omitted!.
6 .
_S_§e_ i_<L at 1497-98 n.l Krupansky, J., dissenting! setting forth one such message
essentially verbatim!. Because of the appalling content of this message and its publication
elsewhere, I will not go into further detail here.
9
l l
women and young girls. I_d. One of these accounts named an actual young woman, resulting
in defenda.nts prosecution under § 875 ! for interstate communications containing threats to
injure another person. I_d. The court considered whether these messages, which were not sent
directly to the woman who was the purported victim, constituted true threats. It concluded they
did not:
To determine what type of action Congress intended to prohibit, it is
necessary to consider the nature of a threat. At their core, threats are tools that
are employed when one wishes to have some effect, or achieve some goal,
through intimidation. This is true regardless of Whether the goal is highly
reprehensible or seemingly lD.I1OC11Ol.1S.
For example, the goal may be extortionate or coercive. . . . Additionally,
the goal, although not rising to the level of extortion, may be the furtherance of a
political objective. . . . Finally, a threat may be communicated for a seemingly
irmocuous purpose. For example, one may communicate a bomb threat, even if
the bomb does not exist, for the sole purpose of creating a prank. However, such
a communication would still constitute a threat because the threatening party is
attempting to create levity at least in his or her own mind! through the use of
intimidation. . ". . Although it may offend our sensibilities, a communication
objectively indicating a serious expression of an intention to inict bodily harm
cannot constitute a threat unless the communication also is conveyed for the
purpose of furthering some goal through the use of intimidation. . . . If an
otherwise threatening communication is not, from an objective standpoint,
transmitted for the purpose of intimidation, then it is unlikely that the recipient
Will be intimidated or that the recipient's peace of mind will be disturbed.
Even if a reasonable person would take the communications between
[defendant] and [the recipient] as serious expressions of an intention to inict
bodily harm, no reasonable person would perceive such communications as
being conveyed to effect some change or achieve some goal through
intimidation. Quite the opposite, [they] apparently sent e-mail messages to each
other in an attempt to foster a friendship based on shared sexual fantasies.
Li, at 1495-96.
Under either standard, Fentons statements did not constitute threats. As in ,
there Was simply no cormection between Leventry, the recipient of the communication, and
10
AO 72A
Rev. 8/82!
AO 72A
Rev. 8/82! t =7 == :==
O O
Murtha, its intended object. Moreover, under the circumstances presented here, no jury could
nd anything truly threatening in Fentons remarks because they could not inuence
Murthas attitude or behavior in any way when spoken only to Leventry.
The government cites a number of cases in which threats were not made directly to the
speakers intended victims, yet convictions were upheld. Careful review, however, reveals
those cases to be inapposite. In United States v. Fulmer, 108 F.3d 1486 lst Cir. 1997!,
defendant threatened an FBI agent by leaving him a voicemail message, which the agent heard
and found chilling and scary. Li. at 1490. Other cases are in the same vein. In Qlzl
, defendant threatened an Immigration and Naturalization Service ofcer over the
telephone; once again, the agent heard the threat and was frightened. 903 F.2d at 1264.
Likewise, in United States v. Stevenson, 126 F .3d 662 th Cir. 1997!, defendant wrote a
threatening letter to his probation ofcer, which frightened and alarmed her when she
received it. Ii at 663. And in Kim, defendant wrote a series of threatening letters to
President, Reagan. 951 F.2d at 550. These letters, while never seen by the President, no doubt
caused considerable consternation to the ofcers responsible for his protection. 951 F.2d at
5 54. As the court noted, moreover, they were directed at the exact person whom Section 871
was designed to protect. 1g1_. at 555.
The government relies principally, however, on United States v. Snelenberger, 24 F.3d
799 th Cir. 1994!, for the proposition that there need be no intent that defendants statements
be communicated to their target. There, the defendant told two mental health workers of his
plans to kill an administrative law judge and was prosecuted Lmder § 115. Ill, at 801. On
appeal, his conviction was affirmed. Li. at 803-04. In that case, however, defendant argued
11
AO 72A
Rev. 8/82!7 ' | "W E '7" %~- _ ==~
only that his mens rea was insufcient to support conviction, and the court never passed on the
issue of whether the actus reus was proven. S_ee_ id, at 803. Thus, while this case is relevant to
an analysis of Fentons intent, it has no precedential value on whether he made a true threat.
Accordingly, I conclude that Fentons statements did not constitute true threats under §
1l5 a!! B!. For this reason alone, his motion for judgment of acquittal must be granted. In
the interest of completeness, however, I will also address Fentons argument that he did not, as
a matter of law, possess the requisite intent to support his conviction.
IV.
Assuming arguendo that the evidence did support a fmding that Fenton made a true
threat to Murtha, it still must be determined whether he had the intent that § 115 a!! B!
requires:
[i] with intent to impede, intimidate, or interfere with such ofcial. . . while
engaged in the performance of official duties, or [ii] with intent to retaliate
against such ofcial . . . on account of the performance of ofcial duties
I will address these two alternate forms of intent in turn.
A.
For the reasons set forth supra in my discussion of actus reus and the Alkhabaz case, it
cannot seriously be concluded that Fenton had any intent to impede, intimidate or interfere with
7
Likewise, in United States v. Patillo, 431 F.2d 293 th Cir. 1970!, defendant stated to a
co-worker his intention to kill President Nixon. E, at 294-95. The court held that this
statement amounted to a true threat, Q at 295, but signicantly, defendants defense was
limited to a general denial of making the remark. Id_. at 295-96. Thus, again, the court was
never called on to decide the circumstances under which statements made to unrelated third
parties constitute threats. Indeed, the government does not cite this case in its actus reus
argument, but saves it for its discussion of Fentons mental state.
12
AO 72A
Rev. 8/82!Congressman Murtha. Murtha was not in the audience when Fenton spoke, and the
govemment put on no evidence that Fenton, intended his words to be conveyed to Murtha.
One simply cannot be intimidated by speech of which he is unaware. k Snelenberger, 24
F.3d at 803 noting that district court made similar holding under § 115 a!! B! and
concluding, in dictum, that the comts reading of the statute was entirely justified !. Qt.
PLHR!, 431 F.2d at 298 There is no danger to the Presidents safety from one who utters a
threat and has no intent to actually do what he threatens. !
In addition, there is no evidence that Fenton wanted Congressman Murtha to take any
official action, or reain from taking any such action, as a result of his threats. Fenton was
not, for example, demanding that Murtha sponsor a certain piece of legislation, nor did he make
his threats to disrupt, say, an ofcial speech to a group of constituents. It is perhaps arguable
that he wanted the Congressman to support his plan, yet the record shows that Fenton thought
8
The government essentially contends that the was entitled to fnd objective intent to
communicate, arguing that the most natural consequence of making a series of death threats
over the phone will be that the recipient of the communication will notify law enforcement,
who in tum will notify the intended target. Dkt. no. 131, at 24. I disagree; although whether a
statement constitutes a threat is evaluated under an objective standard, the standard for
detemqining specic intent tmder § 115 a!! B! is subjective, as even the govemment argues
elsewhere in its brief, dkt. no. 131, at 21. §_e_g Fulmer, 108 F.3d at 1494 approving j1u'y
instruction to the effect that [w]hen we are talking about the defendants intent, we are talking
about what he meant to do and what was in his mind[] !. Altematively, the govermnent may be
seen as arguing that a jury could simply infer that Fenton intended for Leventry to warn
Congressman Murtha as the natural and probable consequence of conveying the threat to
Leventry. Again, I disagree. Leventry was not a law enforcement ofcer or member of the
Congressmans staff. To assume that a private citizen will naturally and probably inform the
target of the threat anytime a threat is made to a third party would effectively eviscerate §
1l5 a!! B!s intent requirement. All that can be inferred from this record is that Fenton
intended to threaten Levently, either to induce him to better handle his insurance claim or to
retaliate for the way Leventry had already processed it.
13
AO 72A
Rev. a/82!'m
that Murtha stole the plan from Fenton so he could bring it to fruition and take the credit for
himself. Even under Fentons distorted view of reality, there was no ofcial action Murtha
could take or not take that would satisfy Fentons desires. At most, Congressman Murtha could
have given Fenton the credit Fenton thought he deserved, but that is not an official duty.
Accordingly, even if Fenton had intended to impede, intimidate or interfere with Murtha, that
intent had absolutely no nexus with any of the Congressmans official duties.
The government argues that there is no nexus requirement; rather, it contends that the
defendant need only intend to impede, intimidate or interfere with the Congressman during the
time that he is performing official duties. That is simply not what the statute provides.
Section ll5 a! l! B! is quite clear that the defendants intent must be to impede, intimidate or
interfere with such official. . . while engaged in the performance of ofcial duties. . . .
Emphasis added.! See United States v. Streich, 759 F.2d 579, 584 th Cir. 1985! Whether an
ofcial is engaged in performance of ofcial duties turns on whether the federal ofcer is
acting within the scope of what he is employed to do or is engaging in a personal frolic of his
own. !. Evidently, the government believes this condition is satised during the entire time
that Congress is in session, or perhaps as long as the member holds office. This is implausible,
leading as it does to absurd possibilities, for example, that a person could be convicted under
§ ll5 a! l! B! for threatening a Member of Congress in response to an insult the Member made
to that persons spouse during cocktail party conversation. Signicantly, the govermnent cites
no useful authority for this novel proposition. The closest it comes is the case of
1._B_el, 936 F.2d 529 1th Cir. 1991!, but that case is inapposite. There, the defendant clearly
threatened a federal judge on account of her performance of official judicial duties. I_cl. at 531.
14
jAO 72A
Rev. 8/82!O I
His defense was simply that he did not know that the object of his threat was a federal judge
when he threatened her, a position which the Eleventh Circuit rejected under a plain error V
standard of review. Li at 532. Accordingly, I reject the governments argument.
B.
That leaves the govemments contention that Fenton intended to retaliate against
Congressman Murtha. This too is problematic, and the question turns on how retaliation is
dened. Fenton asserts that there can be no threat with intent to retaliate unless the threatening
words are communicated to their intended target. Dkt. no. 130, at 50. The government, for its
part, essentially argues that communication of the threat to the victim is unnecessary if the
defendant has the present intention of carrying out the threat at the time it is made. Dkt. no.
13 1, at 18.
It seems clear that, aside om the unfortunate circumstance in which the threat is
actually carried-out, no intent to retaliate can exist unless there are facts to support either the
governments or Fentons theory. A threat that is never communicated to the victim and is not
intended to be carried out by its speaker is no retaliation at all. Indeed, it is no more than
reciting lines of a play, in a closed room, to oneself. For the reasons already discussed, of
course, there is no evidence that Fenton intended that his threats be cormnunicated to Murtha.
That squarely raises the question of whether a present intention to carry out a threat suffices to
make out 'lC intent to retaliate under § 1l5 a!! B!.
The govermnent relies on Snelenberger, in which the court, with scant analysis and
without reference to whether there was a present intent to carry out the threat, opined that there
was no need for the threat to be communicated to the victim in order to have an intent to
15