3179-2006 Sentencing Transcript of October 24, 2007 Important

3179-2006 Sentencing Transcript of October 24, 2007
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IN THE COURT OF COMMON PLEAS

LANCASTER COUNTY, PENNSYLVANIA
CRIMINAL
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_______________________________
COMMONWEALTH OF PENNSYLVANIA
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vs.
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STANLEY CATERBONE
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_______________________________:
No. 3179 of 2006
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SENTENCING
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Before:
HONORABLE JAMES P. CULLEN
Date
October 24, 2007
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:
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Place :
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Courtroom No. 1
50 North Duke Street
Lancaster, Pennsylvania
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APPEARANCES:
DEBORAH MUZEREUS, ESQUIRE
Assistant District Attorney
For - The Commonwealth
JANICE L.M. LONGER, ESQUIRE
Court-appointed counsel
For - The Defendant
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ORDERED:
3/4/08
LODGED: ______
FILED:
_______
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P R O C E E D I N G S
(11:09 a.m.)
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THE COURT:
MS. LONGER:
Are you ready, Ms. Longer?

I am, Your Honor.
However, I had
phoned your chambers yesterday in light that in

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reviewing the presentence investigation yesterday,
Mr. Caterbone found what he considers to be significant
inaccuracies or misstatements in the report.
THE COURT:
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MS. LONGER:
By whom?
Well, by -- I guess it would be by
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the author of the report, that would be Mr. Stiner, but
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there are also misstatements in some of the
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attachments.
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What I explained to Mr. Caterbone is that our
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procedure normally would be to come in and make those
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corrections on the record.
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time, because what he would like to do is actually
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prepare something in writing and it's -- what I reviewed
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with him yesterday was just maybe eight points that he
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had noted as points that needed to be either amplified
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or modified or disputed and --
He has requested additional
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THE COURT:
Well, Mr. Stiner from the probation
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department is here.
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alleged inaccuracies in the report that Mr. Stiner
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prepared.
We will go over any claims of
I believe virtually all of the documents that
were attached were provided by Mr. Caterbone.
claims there are inaccuracies in them, there's nothing
we can do about that if he provided the documents.
MS. LONGER:
If he
Well, Your Honor, as I do on
almost all of my cases, I asked Mr. Caterbone to review
this just yesterday, the day before sentencing, not
anticipating that this would be a problem.
be his position that at this point he hasn't had
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So it would
adequate time to review all of this information that's

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in the report.
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THE COURT:
Well, the report itself is about 12
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and a quarter substantive pages.
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signature page and it includes the cover page, which is
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simply the charges and the very basic biographical
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information.
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That omits the
Now, if your client wants more time to read
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those, essentially, 11 pages, how much more does he
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want?
Because everything else he submitted.
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MS. LONGER:
Stanley, how much more time would
you want?
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THE DEFENDANT:
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THE COURT:
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I'm sorry.
Do you mean days?
You don't need days to read 11
pages, Mr. Caterbone.
We're talking minutes.
THE DEFENDANT:
Well, I'd like to go through

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all of the attachments.

THE COURT:
Mr. Caterbone, you sent them in.
If you didn't read them before you sent them in, we're
not spending more time and continuing this case because
you chose not to read them.
THE DEFENDANT:
May I speak, Your Honor?
I was told that I couldn't review the
presentence report until the psychiatric was done.
was waiting for the psychiatric, which they never
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completed.
THE COURT:
Mr. Caterbone, it's my
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understanding the psychiatric was not done because
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Dr. Gottlieb -- because of your lawsuit against
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Lancaster General Hospital and his colleague,
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Dr. Presley, and he, I understand, is the chief of the
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medical staff at the General Hospital.

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THE DEFENDANT:
I understand.
But I was
told --
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THE COURT:
And there is significant
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information in the presentence report with respect to
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your mental health history.
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It is my view, having read all of the material
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that you've submitted, that your mental health problems,
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whatever they may be, are of long-standing duration and
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since this offense carries a maximum penalty of two

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years' supervision or two years' incarceration, they
will not be resolved in that period of time.
I will not continue this matter so you can
dispute what you submitted.
minutes or so, if that's what you need to read the 11
pages of the presentence report again, I will give you
that.
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THE DEFENDANT:
If you wish to take 15
No, I have those inaccuracies
documented.
THE COURT:
All right.
Then we apparently are
ready to go forward, Miss Longer.

MS. LONGER:
Well, Your Honor, what he has
prepared is a five-page written summary.

THE COURT:
Well, if you want to submit that in
lieu of commenting on it orally, I will accept that.

MS. LONGER:
Do you want to just submit that or
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would you just like to go through the report and read
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the comments?
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THE DEFENDANT:
Let's go through and read it
for the record.

MS. LONGER:
All right.
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I think we can accomplish this by following the
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report and pointing out page -- pages and lines where
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there are inaccuracies and presenting the correct
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information.
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THE COURT:
Well, what I will do is consider
that when we get to that point.
But your request for a
continuance of this matter is denied.
Do you have anything further?
MS. LONGER:
THE COURT:
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MS. LONGER:
No, if that's the Court's ruling,
I'll proceed.
THE COURT:
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MS. LONGER:
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With respect to your request for a
continuance or anything else before we proceed.
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With respect to that request?
That's my ruling.
Then I have nothing further on
that issue.
THE COURT:
All right.
The next matter is this
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post verdict motion filing that was made.
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is not technically proper since it's not an
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extraordinary issue, nonetheless, I did consider this
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and I obtained a response from the Commonwealth.
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Although this
The first issue that's raised is that the
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verdict was against the weight of the evidence as
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required by the affirmative defense.
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defendant avers that the jury did not understand and
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apply the proper burden of proof, preponderance of the
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evidence in weighing the defendant's affirmative defense
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of concern for personal safety.
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Specifically,
Do you have anything further you wish to say

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with respect to that, Ms. Longer?

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MS. LONGER:
Well, Your Honor, I think that
also encompasses the second objection -- or issue in the
post verdict motion and --
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THE COURT:
Well, then let me get the second
one.
The second one is the Court erred in refusing
to allow the jury to hear the entire recording of the
incident, which would have offered the jury more
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evidence of the defendant's concern for his personal
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safety.
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MS. LONGER:
Right.
Because one of the reasons
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that we've raised the weight of the evidence in this
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case is because it is our position that the jury didn't
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hear or evaluate all of the evidence since they did not
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hear the complete tape.
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Originally, I believe that there was a concern
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that playing that tape would somehow amount to a
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violation of the Wire Tap Act, and subsequent to the
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trial the district attorney and I, with the Court,
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reviewed the current case law on that issue and it
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appears that since there was no expectation of privacy
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in the moment when Mr. Caterbone was pulled over, that
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this would not -- this recording would not amount to a
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violation of the Wire Tap.

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Therefore, that recording should have been
evaluated or should be evaluated under normal standards
applied to relevant evidence.
position that that evidence is relevant and that it goes
directly to the concern for personal safety that he was
feeling at that time and is, in fact, corroborative of
And it would be our
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the testimony that he gave on the stand.
Furthermore, I believe it is the law of the
case in that we had a previous trial in this matter and
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which ended in a mistrial and in that trial the entire
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tape was allowed to come in and the jury did hear the
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entire tape, which supports our theory that that tape
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does, in fact, support the defense and in that instance,
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in that first trial, it resulted in a hung jury as there
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were several people on that jury who did believe that
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Mr. Caterbone had essentially asserted an affirmative
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defense and proved that defense.
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THE COURT:
Well, we don't know what it was
other than the fact it was a hung jury.

MS. LONGER:
Well, we would support our
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position that having heard all of the evidence, that
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there was greater weight given to the affirmative
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defense that was positive in that trial, just as it was
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put forth in this trial.
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THE COURT:
Well, there's no way of knowing

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what the jury considered or didn't consider other than
the fact that it was a hung jury.
Now, it's my understanding when this objection
with respect to the Wire Tap act was raised, it was
raised right before lunch, that you and Ms. Muzereus --
I told you to work it out.
believe the Commonwealth stipulated to the tape being
played even though your client on the stand was not able
to authenticate the tape.
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You apparently did.
I don't recall ever having to formally rule on
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the issue of an objection under the Wire Tap Act.
You
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are certainly correct that when we all reviewed the law

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that the initial concern I had when it was raised by the
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Commonwealth that this may have been a violation, in
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fact, was incorrect because of the expectation of
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privacy issue.
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However, I don't recall ever ruling on that and
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you and Ms. Muzereus in effect worked this out.
You got
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your tape in up until a certain point in this pursuit at
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which point it was turned off.
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with issues with respect to whether this was cumulative,
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whether it was relevant, whether it was an adequate
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foundation, whether it was authenticated, or anything
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else.
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the agreements of counsel.
I was never presented
None of these issues were presented because of
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There is no transcript, as I understand it, yet
of this proceeding.
So at this point, unless the
Commonwealth has something different, I don't know how
these issues can be addressed.
Do you have anything different, Ms. Muzereus?
MS. MUZEREUS:
THE COURT:
No, Your Honor.
Well, these will be denied.
without prejudice to your right to raise them in a
postsentence motion at which time if you have the
That's
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transcript ordered we can address it and see exactly
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what happened.
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But it's my recollection that counsel worked
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this whole matter out and if that is, in fact, accurate
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I never ruled on anything.
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cannot be erroneous.
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So a ruling I never made
The third issue is defendant's request for a

new trial is further supported by the following
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allegations which were provided to counsel in
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correspondence:
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The first paragraph, in the last trial the jury
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took almost six hours to return a hung jury with a
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nine/three count.
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In this case the jury deliberated approximately
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30 minutes with a twelve/zero guilty verdict.
That
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defies logic when you consider not much of the trial was
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different.
Do you have anything you wish to add to that?
MS. LONGER:
Well, I think that also supports
our first contention that there was evidence that was
excluded from this trial that should have been heard and
evaluated by the jury.
I think that's all I have to say on that.
THE COURT:
Do you have anything further on
that?
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MS. MUZEREUS:
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THE COURT:
No, Your Honor.
That's denied.
The fact that he
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had two different results from two different juries
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simply happens as a result of trying a case in front of
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two different jurors.
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10 different juries, you may get six guilty verdicts,
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four not guilty, 10 acquittals, 10 convictions.
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have no way of knowing what's going to happen.
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jury is different.
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relief.
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If you try this case in front of
You
Every
That's not a basis for any type of
Paragraph 2:
The refusal of Judge Cullen to
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recuse himself.
When Ms. Cathy Harrison, a county
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employee, e-mailed me in 2005 and tried to intimidate me
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about my civil action against the county by saying that,

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quote, Maryanne Cullen knows people in high places, end
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paren, PA, close paren, AG, meaning Attorney General,

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close paren, office, close quote.
Do you have anything to add to that?
MS. LONGER:
Your Honor, we addressed that
issue before the trial actually started.
is well aware, Mr. Caterbone perceives that there is a
conflict of interest in that the judge should have
recused himself by virtue of the fact --
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THE COURT:
issue.
Wait a minute.
As the Court
This is a different
Before trial we talked about the fact that he
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filed a lawsuit against numerous parties, including
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myself, which was found to be frivolous.
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on appeal.
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MS. LONGER:
That issue is
Well, this -- I thought we had
also addressed this --
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THE COURT:
He made an unsupported claim that
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my wife at one point represented someone in his family
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in an estate matter, which in open court he admitted was
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incorrect.
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I don't know anything about this situation he's
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referring to in 2005.
I believe this criminal complaint
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was not even filed until sometime in 2006, and the
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matter was not tried until 2007.
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Now, do you have this e-mail?
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MS. LONGER:
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Do you actually have the actual
e-mail?
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This was e-mailed to me.
THE COURT:
Well, I want the e-mail supposedly

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from this Cathy Harrison woman
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THE DEFENDANT:
I thought you had it.
I don't
have it with me.
MS. LONGER:
Do you actually have the original
e-mail?
just e-mailing me a copy.
Because when you e-mail me something, you're
THE DEFENDANT:
When you say original, what do
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you mean?
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guess that I took the e-mail from.
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Microsoft to get the original one.
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I mean, I don't have the original computer I
MS. LONGER:
I'd have to go to
I don't know whether the original
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e-mail can be retrieved from the computer at this
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point.
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The information that was provided to me by
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Mr. Caterbone is that he basically summarized the
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essence of that e-mail and this was information
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THE COURT:
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MS. LONGER:
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--
He summarized the absence of it?

The essence of the e-mail that he
received from this Cathy Harrison.

This information was provided to me by
Mr. Caterbone after the trial.
THE COURT:
And, obviously, it was not provided
to me before the trial.

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MS. LONGER:
No.
I think we had discussed this
issue of whether your wife -- well, I recall that we
discussed in chambers whether your wife represented a
member of his family at one point.
THE COURT:
MS. LONGER:
Which he concedes was incorrect.

Right.
And I could be wrong about
this, but I thought we had also discussed whether your
wife had dealings with or taken a position publicly with

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respect to the convention center that's been an ongoing

issue in this county, because this --
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THE COURT:
I don't know whether she has or has
not.
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MS. LONGER:
Well, this information that
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Mr. Caterbone has is that a county employee basically
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said that Maryanne Cullen would interfere with
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Mr. Caterbone's attempts to take civil action against
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the county because Mrs. Cullen knows people in the
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Attorney General's office.
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That's my understanding of the complaint.
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THE COURT:
So, as I understand it, this is
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something by some county employee about what my wife is
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supposed to be doing about the convention center, which
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is not involved in this litigation at all.
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Is that the essence of it?
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MS. LONGER:
Yes.
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THE COURT:
And I'm not involved in this at all
other than the fact I'm married to my wife?
MS. LONGER:
THE COURT:
Right.
Well, for the benefit of the
record, this Cathy Harrison woman, as I understand it,
is a candidate for city council.
this woman, although I have no recollection of having
done so, when my wife handed out political literature in
connection with her campaign.
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I have been told I met
I could not pick this woman out of a lineup
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today.
I have never, to my knowledge, spoken to this
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woman about the convention center or anything else other
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than whatever pleasantries we may have exchanged when I

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was introduced to her when she dropped off this campaign
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literature to my wife.
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Without a specific e-mail in front of me that
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indicates anything, this is nothing but a hearsay
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allegation involving somebody reporting the fact that my
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wife knows people in the Attorney General's office and I
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cannot possibly see how that has anything to do with my
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impartiality in this case.
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This also was never brought up before trial as
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a matter so I could have addressed it then when I would
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have told you what I just told you now.
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woman, it was one occasion when she dropped off campaign
If I met this
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literature which my wife distributed on her behalf and I
would not know this woman if she walked in the
courthouse right now.
that.
So I see no basis to proceed with
The next paragraph:
The fact that on Monday
you sent an e-mail that Judge Georgelis recused himself
on Monday from this trial and that Judge Cullen, you or
Deborah Muzereus, Assistant District Attorney, failed to
admit that and put that on the record during the ruling
10
on the motion for recusal.
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What is that about?
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MS. LONGER:
Yes.
My understanding of that is
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that when this case was called to trial in the June
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trial term it was originally assigned to Judge
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Georgelis, who recused himself, I thought on the basis
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that he had been named in one of the defendant's
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numerous civil suits naming judges on the bench as
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defendants.
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So Mr. Caterbone's position is that if one

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judge recused himself on that basis, then any other
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judge who is a defendant in the civil lawsuits must also
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recuse himself on that basis.
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These civil suits, as I understand it, are
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still pending.
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therefore --
They have not been resolved and,
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THE COURT:
Which civil suits involving me have
not been resolved?
am a defendant is the one that was dismissed as
frivolous and is currently on appeal.
The only one in which I am aware I
MS. LONGER:
There's a matter pending in the
United States District Court for the Eastern District of
Pennsylvania captioned --
THE COURT:
THE DEFENDANT:
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MS. LONGER:
exhaustive.
Am I a named defendant?
Yes, you were, Your Honor.
The defendant's list is quite
I'll just need a minute to review it.
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Where is it, Stanley?
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THE COURT:
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case?
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THE DEFENDANT:
Yes.
THE COURT:
Ms. Longer, do you know what type
of action that appears to be?
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THE DEFENDANT:
That was the original complaint
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I filed in 2005, Your Honor.
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THE COURT:
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speaking to you.
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It's Caterbone v.
Lancaster County Prison, et al.
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Do you have the caption of the
It's still pending.
Well, Mr. Caterbone, I'm not
I'm speaking to your attorney.
THE DEFENDANT:
I'm sorry.
I'm sorry, Your
Honor.
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MS. LONGER: There are counts of Rico, federal
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false claims act, extortion, defamation, slander,
wrongful interference of business relations, wrongful
interference of contracts, breach of contract, a plea
for an account, deceptive and fraudulent practices,
breach of fiduciary duty, unfair competition --
THE COURT:
Am I named as a defendant in this?
MS. LONGER:
I don't see any judges named as a
named defendant on the defendant's list, but
Mr. Caterbone advises that this is not the complete
10
defendant's list.
What I'm looking at is actually an
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amendment to the complaint that was filed on October
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15th, so I am --
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THE COURT:
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MS. LONGER:
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THE COURT:
Of what year?
Of this year, October of 2007.
Well, I've never been served with
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process in any type of federal proceeding, and if I'm
17
not on -- named as a defendant, I'm not going to
18
consider that as a basis for recusal.
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As you indicated, there are no judges who are

named there.
MS. LONGER:
complaint.
Well, I'm looking at the amended
I don't have the original.
THE COURT:
Well, then that's the one that's
currently pending if he's amended it.

THE DEFENDANT:
I don't have these with me.

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There are two federal suits.
MS. LONGER:
There may be another complaint out there that I
This has two numbers on it.
don't -- that Mr. Caterbone does not have with him.

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THE COURT:
Well, we're talking about what's in
here and I'm not going to take these vague allegations
as a basis for recusal.
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I can represent to you I've never been served

with process.
I have never been contacted by anybody in
the federal court system.
11
The only action of which I am aware is a habeas
12
corpus filing that was made in the Eastern District, and
13
for some reason Mr. Caterbone has sent me copies of
14
things, although I'm not named as a defendant in that
15
case either.
16
Do you have anything on this, Ms. Muzereus?
17
MS. MUZEREUS:
I don't, Your Honor.
I know
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that there are numerous lawsuits filed by the defendant
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and I receive copies of a lot of things.
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that you are a named defendant in any case.
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THE COURT:
I am not aware
Do you have anything else,
Ms. Longer?
23
MS. LONGER:
What Mr. Caterbone has just
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explained to me, Your Honor, is that this amended
25
complaint was due by October 15th, 2007.
He has filed
20
the amended complaint.
It is his understanding -- and I'm not going to
comment on whether it's a correct understanding or
not -- that the judge has to notify him that this
amended complaint has been accepted and he will then
have 120 days to serve all of the parties who have been
named.
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THE COURT:
Then it is a determination that
it's not frivolous on its face.

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MS. LONGER: Excuse me?
11
THE COURT:
12
It's a determination by the Court
it's not frivolous on its face.
13
MS. LONGER:
Well, I'm -- I'm not familiar with
14
the status of this case.
15
were preliminary -- you know, in the state system there
16
would be preliminary objections raised and he would have
17
an opportunity to amend his complaint to address those
18
preliminary objections.
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I don't know whether there
In the federal system there may have been a

motion to dismiss that was denied with relief to amend.
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THE COURT:
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MS. LONGER:
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THE COURT:
If he's proceeding pro se -He is.

-- it may very well be that the
24
Court will not do anything with it until it's determined
25
whether it's frivolous on its face or not.

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MS. LONGER:
Your Honor, may I take a moment to
get some more information from Mr. Caterbone?
THE COURT:
MS. LONGER:
You may.
Okay.
Mr. Caterbone's
understanding is that some of these causes of action
have already been deemed to be of merit by the District
Court.
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THE COURT:
client's word for what is determined to be meritorious
10
by the Federal Court.
11
somewhere.
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13
14
15
Well, I'm not inclined to take your
That is a matter of record
Do you have anything else with respect to this

motion?
MS. LONGER:
I don't have any additional
information at this point.

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THE COURT:
Well, I will bring to your
17
attention that in the case of Caterbone v. CopyMax, et
18
al., which is a civil docket number, CI-07-03924,
19
Mr. Caterbone apparently accused me of improperly
20
delaying the settlement of that case.
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Correspondence was sent to me by the attorney
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representing the defendant requesting a settlement
23
hearing and asking that I recuse myself because
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Mr. Caterbone did not wish me to preside.
25
I wrote back to counsel indicating it was

22
unnecessary to have a hearing, that the matter could
simply be settled by the parties with an exchange of
documents.
because there were no minors, it is not a wrongful death
case, there was nothing that required court
intervention.
There was no need for judicial intervention
I also told the attorney if they wish to file
any of these settlement documents with the Prothonotary,
they were free to do that, or if she still wished to
10
have a hearing on the matter to call my chambers and
11
schedule it.
12
basis was given.
13
I declined to recuse myself because no
In response to that correspondence with counsel
14
with a copy to Mr. Caterbone, I received a letter dated
15
September 15, 2007, from Mr. Caterbone in which he
16
apologized for accusing me of delaying the settlement of
17
this case.
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defendant's counsel possibly had been misled into
19
believing that judicial involvement was required to
20
record the settlement.
He claims to have been misled and that the
He says, regardless, I apologize

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for the accusation and thank you for setting the record
22
straight.
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He does not explain how he managed to be misled
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and how counsel managed to be misled about something so
25
fundamentally simple.
23
You may see this if you wish, Ms. Longer.
simply call this to your attention because Mr. Caterbone
apparently views recusing motions as a means to
disqualify every member of this Court apparently in the
hope that he can then avoid the legal consequences of
his behavior.
Now, to the extent I can document in his own
submissions the error of his ways or where he has
admitted in open court he is incorrect, I have done so.
10
I have no personal bias whatsoever against your
11
client.
12
address Mr. Caterbone's cases.
13
I am that person since almost every other judge in this
14
Courthouse, to my knowledge, who sits in the criminal or
15
civil division, has recused themselves from handling
16
Mr. Caterbone's cases.
17
However, at some point someone is left to

For better or for worse,
There is such a thing as a rule of necessity
18
that somebody has to handle these matters so long as
19
Mr. Caterbone keeps bringing them forward.
20
animosity whatsoever toward him.
21
to hear whatever issue he wishes to submit.
22
to see a legitimate basis advanced for my recusal and I
23
will not do so in this instance.
I have no
I am perfectly willing
I have yet
24
Now, are you ready to proceed with sentencing?
25
MS. LONGER:
Well, we still have to address the

24
Page 19

1
issue of the corrections in the presentence.
THE COURT:
That's the second part.
At this point I was addressing your post
verdict motions.
refile without prejudice should you file a postsentence
motion.
7
8
As I said, the first two you may
The others are denied.

MS. LONGER:
Well, just one additional
consideration for this recusal issue --
THE COURT:
I'm not going to hear that,
10
Ms. Longer, because I have absolutely no confidence in
11
the legitimacy of your client's complaints.
12
makes them in the hope that he will eliminate every
13
judge which could possibly hear his cases and that will
14
not happen.
15
MS. LONGER:
He simply
Your Honor, I don't think he's
16
motivated by a desire to eliminate every potential
17
judge.
18
numerous contacts with the criminal justice system in
19
this county and with other county officials that lead
20
him to believe that he can't get a fair shake in this
21
county.
22
I think that he -- Mr. Caterbone has had
And I am aware that in other cases where the
23
District Attorney's office perceives that there is some
24
kind of conflict or -- I guess in this case the conflict
25
isn't actually with the DA's office, but more so with

25
the fact that he perceives that there is a conflict of
interest with members of the Bench, would it -- would it
not be appropriate in an instance like this to, perhaps,
have someone else prosecute the case -- for example, the
Attorney General's office -- if this individual believes

Page 20

that he's not getting a fair shake in front of the local
court system?
8
9
10
I mean, that's the --
THE COURT:
court.
We will not replace a judge of this
I'm dealing only with my own recusal.
Nothing
has been said about the District Attorney's office.
11
Now, he makes, to the extent that his own words
12
or writings demonstrate they are false, I've given you
13
two instances where he has made accusations that have
14
been false and he has admitted they are false.
15
He does not have this e-mail that purportedly
16
was sent by this woman two years ago, which again makes
17
no reference to me, my handling this of case, or
18
anything else.
19
He simply makes completely unsupported
20
allegations and expects that the legal system will
21
simply come to a screeching halt so his cases will not
22
be adjudicated.
23
The system does not work that way.
If he
24
presents a legitimate basis for recusal, I will
25
certainly consider it.
I don't think anyone is rushing

26
to the head of the line to preside over Mr. Caterbone's
cases.
whatsoever, each of which I have taken seriously and
each of which I have tried to address.
He simply makes allegations with no support
MS. LONGER:
THE COURT:
Well, if -But I will not recuse myself
because he has not presented any legitimate basis for
doing so.
even know him until he introduced himself to me at one
I have nothing against your client.
I didn't
10
point in the coffee shop.
I assumed he was an attorney
11
from outside the county because I had never laid eyes on

Page 21

12
him before.
And he approached me to complain about
13
Judge Allison.
14
THE DEFENDANT:
15
MS. LONGER:
I did not.
Well, if I could just verify one
16
thing.
17
Harrison, would that -- would that give us a different
18
result in this motion for recusal?
19
If he had the original e-mail from Cathy
THE COURT:
No; because I don't know what some
20
third party with whom I have no relationship chooses to
21
say about my wife in some completely unknown context.
22
MS. LONGER:
Well, simply that political
23
influence may be brought to bear because Mr. Caterbone
24
has filed these civil lawsuits.
25
THE COURT:
By whom?
I have absolutely no
27
political ambitions and I can assure you no one is going
to tap me for any position which requires political
appointment to anything.
4
5
MS. LONGER:
All right.
I just wanted to make
sure that I covered all of the bases.
THE COURT:
Well, as I said, you have presented
no legitimate basis for recusal.
denied.
That request is
Now we will proceed to sentencing.
10
MS. LONGER:
The first correction would be on
11
Page 4.
12
the page under the column headed attorney that
13
Mr. Bomberger had represented Mr. Caterbone in
14
harassment and disorderly citations.
15
16
There's an indication on the right-hand side of
Mr. Caterbone's position is that he litigated

those matters pro se.
He would -- he would say that he

Page 22
17

was not represented by Mr. Bomberger.
18
19
THE COURT:
That makes no difference whatsoever
as far as any sentence to be imposed.
20
MS. LONGER:
Okay.
On Page 5, Line 5,
21
Mr. Caterbone believes that this is somewhat misstated.
22
He claims that he did not run the dry cleaning business
23
with his mother.
24
consulting at an early age, but the business was
25
actually sold in ninth grade -- when he was in ninth
He helped her and provided support in
28
grade.
So that's just a matter of clarification.

Page 6, Line 6, the reference to his brother,
Phil, Phil did not play professional football.
Caterbone played professional football.
Page 6, Line --
THE COURT:
MS. LONGER:
Wait a minute.
Michael
Go ahead.
On Page 6, Line 6, just underneath
there, Mr. Caterbone disputes that he reported that he
was closest to his father.
10
THE DEFENDANT:
11
MS. LONGER:
12
THE COURT:
13
16
He did not report that.

Are you saying Mr. Stiner made that
up?
14
15
No, I did not report that.
THE DEFENDANT:
I did not report that, Your
Honor.
THE COURT:
Well, was there anybody else in the
17
room besides you and Mr. Stiner?
18
THE DEFENDANT:
19
20
I'm not sure when that
conversation took place to be honest.

THE COURT:
Fine.
This has nothing to do with
21
the sentence to be imposed, either, but if he wants to
22
dispute it, fine.

Page 23

23
MS. LONGER:
Staying on Page 6, Line 9, he does
24
still have contact with his family and has continued
25
that contact in the past several years.
It just has not

29
1
2
been contact on a regular basis.

He visited his brothers Steve and Mike and his
mother in Florida in January of 2005.
2006, his mother and his two brothers came to Lancaster
for a week and stayed at the Fremont Street address with
Mr. Caterbone.
traveled to Austin, Texas, to visit his brother, Phil.
Continuing along those lines, on Page 6, Line
In October of
And in July and August of 2005, he
10, Mr. Caterbone did not say that he would not discuss
10
his family.
However, he did indicate that he would not
11
discuss issues that are now before the United States
12
District Court in Case Number 2288 of 2005.
13
the report indicates that he did discuss his family
14
quite a bit with Mr. Stiner.
15
On Page 6 --
16
THE COURT:
17
In fact,
You'll have to wait until I make
that note.
18
MS. LONGER:
19
THE COURT:
20
MS. LONGER:
Okay.
Go ahead.
Okay.
Staying on Page 6, we're
21
now at Line 22, Mr. Caterbone has this to say with
22
respect to the sale of his property:
23
residence, 220 Stonehill Road, Conestoga, was illegally
24
sold at Sheriff's sale on December 20, 2005, which
25
issues are still pending before the court.
My property and
30
All of my contents were stolen when Parula Penn

Page 24

Settlement illegally took possession of the property
before the Sheriff's deed and settlement proceeds were
distributed on February 1, 2006.
From December 2, 2006 until February 1, 2007, I
was the only person legally allowed to have possession
of the property.
required to remove me from that property after February
1, 2007.
10
All of these matters are still pending before
the court.
11
12
In addition, an eviction notice was
And he did get a distribution from his

insurance company for stolen property since that time.
13
Shall I go on?
14
THE COURT:
15
I'll listen to whatever you have to
say.
16
MS. LONGER:
All right.
Page 7, he was not
17
asked in person regarding drug use by Joel Stiner.
18
other words, the information that Mr. Stiner put in the
19
report must have been based on conclusions that
20
Mr. Stiner made based on information that Mr. Caterbone
21
provided.
22
Page 8, Line 23 --
23
THE COURT:
Wait a minute.
In
They must have been
24
conclusions based on information Mr. Caterbone
25
provided?
31
MS. LONGER:
Well, that's the only way I can --
if Mr. Caterbone didn't give him this information, then
I'm assuming Mr. Stiner was drawing conclusions based on
other information that he gave him.
THE COURT:
Well, I don't know how you draw a
conclusion that Mr. Caterbone used cocaine once from
other information unless Mr. Caterbone said it.

Page 25
I don't

8
know how you draw a conclusion that Mr. Caterbone said
he smoked marijuana a few times when he was in college
10
unless Mr. Caterbone said it.
11
MS. LONGER:
12
13
14
15
16
17
18
Well, he doesn't recall discussing
this in person with Mr. Stiner.

THE COURT:
Well, there's a difference between
a claim of I don't recall and I didn't do it.

MS. LONGER:
Well, his belief is that he did
not have this discussion.

THE COURT:
So then it's his position that
Mr. Stiner made this up?
19
MS. LONGER:
No, I'm misstating.
20
THE DEFENDANT:
Just -- I was trying to note
21
that report didn't match up with what -- with what -- it
22
didn't match up with what General Hospital said, because
23
General Hospital lied on their report.
24
inconsistencies.
25
MS. LONGER:
There were
What we're talking about is the

32
drug use right now.
Now we're going to the psychiatric evaluation.
We have this information to add with respect to
4
5
the psychiatric evaluation.

THE COURT:
Now, wait a minute.
What happened
with this situation with the drug use?
client's position Mr. Stiner just made this all up?
8
9
THE DEFENDANT:
front of me.
No.
Is it your
I can't see the report in
What I was trying to say was that -- see,
10
I made these notes up after I left her office.
11
to read the report.
12
May I read the report, Your Honor?

Page 26
I have
13

MS. LONGER: This is what he's talking about.
14
THE DEFENDANT:
I thought it said that he has
15
used illegal -- okay.
16
that was not right, Your Honor.
17
report said that I used marijuana on a regular basis,
18
which was incorrect.
19
THE COURT:
It's the General Hospital report

The General Hospital
Mr. Caterbone, that's not what
20
we're talking about.
What we're talking about is on
21
Page 7 where it indicates, quote, Mr. Caterbone stated
22
that he smoked marijuana a few times while he was in
23
college.
24
regular basis.
25
Mr. Caterbone indicated that he has not used any illegal
He stated that he would not smoke it on a

He reported that he tried cocaine once.
33
1
2
3
4
drugs since college.

THE DEFENDANT:
I'm not disputing that.
After
seeing it -THE COURT:
Well, that's what Ms. Longer was
just correcting saying that you didn't tell that to
Mr. Stiner.
Now, you told him that or you didn't.
THE DEFENDANT:
9
10
discussion.
I'm not -- I don't remember the
I'm not disputing that.
Your Honor, I was told yesterday in her office
11
that this sentencing was going to be continued and I was
12
going to get more time for this.
13
14
15
MS. LONGER:
I told him I would request a
continuance.
THE COURT:
Well, Mr. Caterbone, this is
16
exactly the type of problem that you keep presenting.
17
have just spent time discussing with your attorney the
18
corrections to the presentence report because you

Page 27

19
maintain this information about the marijuana use in
20
college and trying cocaine once was false.
21
22
THE DEFENDANT:
No, that's not what I said.
My
note says here, Your Honor --
23
THE COURT:
I'm not reading your note.
24
reading what's in the presentence report.
25
referencing the discussion I was having with your
I'm
I am
34
attorney.
knowledge, when you're interviewed by Mr. Stiner, if you
say you didn't say it, that means Mr. Stiner made it up.
Since there are only two people, to my
THE DEFENDANT:
not what I said.
Line 7.
That's not what I said.
May I read it?
That's
Line 7, was not asked
in person regarding drug use by Joel Stiner in that
manner.
THE COURT:
10
presentence report.
11
write at some other time.
12
Well, that is not in the

That is something you chose to
Now, if you are admitting that what is in this
13
report is true, we don't have a problem and we'll move
14
on.
15
THE DEFENDANT:
That's what I said.
16
what I just said, Your Honor.
17
Honor.
That's what I said, Your
18
MS. LONGER:
19
why this has been brought up.
20
8 indicates that a psychiatric evaluation was performed
21
by Dr. Gottlieb on September 19th, 2007.
22
will be forwarded to the Court upon receipt.
23
Okay.
That's
I think I -- I think I know

The last sentence on Page
That report
We all expected that psychiatric evaluation to

Page 28

24
take place.
25
THE COURT:
And it did not.

35
MS. LONGER:
And it did not.
So I'm
interpreting this to mean that Mr. Stiner probably
dictated this at a time when he didn't know the report
would not be forthcoming.
And this is what Mr. Caterbone says in his
notes:
That there was no psychiatric evaluation
performed, nor is there any report forthcoming from
Dr. Gottlieb.
Dr. Gottlieb recused himself.
Do I need to go on?
10
THE DEFENDANT:
11
THE COURT:
Yeah.
Well, we all know that.
12
not -- that's not in dispute.
13
MS. LONGER:
14
THE DEFENDANT:
15
Okay.
But it's in the report, which
is wrong.
16
17
That's
MS. LONGER:
So we're correcting that.
There
is no report.
18
THE DEFENDANT:
19
MS. LONGER:
Right.
On Page 9, Line 9 has to do with
20
his -- his activities with Advanced Media Group.
21
read directly from Mr. Caterbone's notes.
22
leave Advanced Media Group because they are in Chapter
23
11.
24
Bankruptcy Case Number 23059 of 2005.
25
I will
I did not
Advanced Media Group is not listed in my Chapter 11
A Chapter 11 reorganization is filed to

36
continue a business and to restore creditors and I am
still the President and CEO of Advanced Media Group,
which is still an ongoing concern with clients and

Page 29

4
revenues.
THE COURT:
MS. LONGER:
Do you have any other corrections?

Continuing on that same page,
Mr. Caterbone has this to say with respect to his
employment with Pflumm Contractors.
Pflumm Contractors to pursue Advanced Media Group.
10
I did not leave
I had submitted detailed supporting documents
11
that prove I was forced and/or locked out of Pflumm
12
Contractors, Inc. in January of 1998.
13
subject of current litigation in the US District Court,
14
Docket Number 2288 of 2005, for which I have filed
15
complaints concerning the same.
16
This is the
I will note for the Court that although this is
17
a rather voluminous report with many attachments, there
18
were numerous other attachments submitted by
19
Mr. Caterbone that were not attached simply because of
20
the volume, but I did review them in Mr. Stiner's office
21
before I got this presentence investigation and I do
22
know that he did submit some -- that Mr. Caterbone did
23
submit some details about the District Court case,
24
which --
25
THE COURT:
That has nothing to do with his

37
1
2
3
4
sentencing.
MS. LONGER:
Okay.
Page 10.
Mr. Caterbone
does not have legal expenses of $46,000.

What he says is that he has legal billings
which are a receivable with regards to his financials
for being a pro se litigant.
listed as an asset, not a liability.
THE COURT:
The $46,000 would be
So he claims these are legal fees

Page 30

owed to him because he's representing himself?
10
11
12
THE DEFENDANT:
correct.
If it gets to that point,
I don't have expenses of $46,000 of legal -THE COURT:
We'll pass over the fact that pro
13
se litigants can recover attorney's fees, but I'll note
14
that change.
15
16
MS. LONGER:
Page 11.
does not reflect the facts of the case.
17
THE COURT:
18
The jury heard the evidence.
19
The summary of charges
MS. LONGER:
Well, that's a factual dispute.
It also -- yes, it also
20
contradicts the affidavit of probable cause that was
21
attached to the complaint.
22
Continuing on Page 11, Line 29, Mr. Caterbone
23
disputes that he was ever examined by Dr. Mastropietro
24
for any psychological illnesses.
25
THE COURT:
He was what?
38
1
2
3
4
5
MS. LONGER:
He was never examined by
Dr. Mastropietro for psychiatric illnesses.

THE COURT:
Well, he submitted a report.
believe that is attached.

MS. LONGER:
Well, Dr. Mastropietro is a family
physician -- he's not a psychiatrist -- and has been the
family doctor since Mr. Caterbone was in his teens.
Mr. Caterbone went to see him on occasion for blood work
and medication levels and on occasion to provide
10
prescriptions for medication already prescribed.
11
THE COURT:
Well, according to the documents
12
submitted by Mr. Caterbone, it appears to be an office
13
note from Dr. Mastropietro dated July 17th, 1998.
14
reviewing the high blood pressure -- excuse me -Page 31
After

15
weight, blood pressure, it indicates, patient suffers
16
from bipolar disorder; is on Lithium; needs Lithium
17
levels.
18
point.
19
hypohypnopedia.
It says, not seeing a psychiatrist at this

Only other medical problem is H/O
20
21
MS. LONGER:
Well, his response to that would
be that Dr. Mastropietro did not make that diagnosis.
22
THE COURT:
23
MS. LONGER:
Do you have anything else?

On Page 12, again, Advanced Media
24
Group is not in Chapter 11 bankruptcy and is not listed
25
on the docket number that is referenced there.

39
1
2
Advanced Media Group was incorporated in 1991

and filed as a fictitious name in 2000.
THE DEFENDANT:
MS. LONGER:
No.
There's two companies.
Let me correct that.
Advanced
Media Group Limited was incorporated in 1991 and
Advanced Media Group was filed as a fictitious name in
2000.
THE COURT:
THE DEFENDANT:
10
11
THE COURT:
So that's not a corporation?
Mr. Caterbone, I'm speaking to your
attorney.
12
THE DEFENDANT:
13
THE COURT:
14
I'm sorry, Your Honor.
So Advanced Media Group is not a
corporation?
15
THE DEFENDANT:
16
MS. LONGER:
17
One is and one is not.
Correct.
Correct.
Advanced Media Group
Limited is.
18
THE COURT:
19
MS. LONGER:
Do you have anything else?

No other corrections.
Page 32

THE COURT: All right. Have your client come
20
21
forward, please.
22
23
Mr. Caterbone, do you want to move over so your

attorney can get to the podium.
24
THE DEFENDANT:
25
THE COURT:
I'm sorry.
All right.
I've noted the

40
corrections you've made to the presentence report.
The sentencing guideline worksheet that has
been prepared indicates your client has no prior record
for sentencing purposes.
gravity score of two.
standard range is restorative sanctions, the aggravated
range would add three months to that, and the mitigated
range would take three months away, again, making it
restorative sanctions.
This offense has an offense
There are no enhancements.
10
Do you have any dispute with any of that?
11
MS. LONGER:
12
Not with respect to those, the
guidelines, no.
13
14
The
THE COURT:
What do you have to tell me on your
client's behalf?
15
MS. LONGER:
Well, Your Honor, I think the
16
Court already knows quite a bit about Mr. Caterbone
17
since we had such a lengthy presentence investigation
18
and discussion with respect to that investigation.
19
I'm also aware, having reviewed Mr. Stiner's
20
file, that Mr. Caterbone wrote a letter directly to the
21
Court sometime after the verdict and before today's
22
sentencing, and although I'm looking for a copy of that
23
letter --
24
THE DEFENDANT:
25
THE COURT:
My statement.
The only letter I recall was

Page 33

41
something that's embodied in the presentence.
get any separate correspondence from Mr. Caterbone other
than that which I provided to you in connection with the
civil matter when we were discussing recusal.
MS. LONGER:
Yeah, I thought it was a letter
addressed to the Judge.
THE DEFENDANT:
8
9
10
11
12
13
I didn't
No, I issued a statement.
wrote a statement.
THE COURT:
That's in the presentence report.
THE DEFENDANT:
Okay.
I don't know what you're
looking for.
MS. LONGER:
I thought that was addressed to
the Judge.
14
THE DEFENDANT:
15
THE COURT:
16
presentence report.
No.
That was --
There's a statement in the
17
THE DEFENDANT:
18
THE COURT:
Right.
I am not aware of any
19
correspondence that your client has sent to me.
Had he
20
done so, I would have given it to you at the start of
21
this proceeding.
22
MS. LONGER:
23
If I can just take a moment, Your Honor, to see
24
25
Right.
if Mr. Stiner has that statement?

THE DEFENDANT:
Right here it is.

42
MS. LONGER:
It's repeated in the presentence
investigation, but I -- I thought that I had seen the
original that was prepared by Mr. Caterbone and I
thought when I saw it -Page 34

THE DEFENDANT: It was an addendum to this
5
6
7
report.
I sent it separately.
MS. LONGER:
Okay.
For whatever reason, I
thought that it was in the form of a letter that had
already been presented to the Court.
10
Nevertheless, the Court has seen the statement
11
and is familiar with what's in the statement.
12
would just like to focus on a couple of things, because
13
this was written by Mr. Caterbone with no input from
14
counsel whatsoever, and I believe it is a clear and
15
articulate statement of what happened in this case.
16
And I
I know that the Court heard the testimony and
17
the jury rendered a verdict, but I believe Mr. Caterbone
18
when he says in his statement that he didn't understand
19
that Sergeant Buser had a legitimate reason for pulling
20
him over or he would have complied.
21
I think Mr. Caterbone has been a long-standing
22
member of this community.
23
people in this room, to the people in the courthouse.
24
He's well-known to Susquehanna Regional Police.
25
He is well-known to the
The purpose of the sentencing guidelines are to

43
instruct the Court on what's an appropriate sentence for
someone like Mr. Caterbone.
his involvement with the criminal justice system as a
result of this incident.
There's no need to prolong
He's, obviously, not a threat to the
community.
seriousness of the offense and that's reflected in this
letter, which I think is very sincere and, as I said, I
had no input in this letter at all.
10
He's -- he's able to appreciate the
This is the
clearest expression of Mr. Caterbone's view of these

Page 35

11
events and the consequences, and I perceive this to be a
12
very sincere expression.
13
I would ask the Court -- I know that
14
Mr. Caterbone has annoyed a lot of people, including
15
Sergeant Buser and the people in this Susquehanna
16
Regional Police, but I don't think that that should be a
17
basis for imposing a sentence on Mr. Caterbone that
18
wouldn't be imposed on someone similarly situated.
19
For whatever reason, there is -- there are
20
numerous references in the presentence investigation to
21
prior involvement with the -- with the mental health
22
system, but Mr. Caterbone lives by himself, manages his
23
own money, and can act as a pro se litigant in federal
24
court.
25
He was actually served that warrant, that 302

44
commitment, and brought to the hospital and the hospital
released him without any medication, without any
follow-up treatment.
And I -- I would just ask the Court that we not
use the criminal justice system to try to change
Mr. Caterbone's lifestyle here, because he doesn't
present as somebody -- despite what's in the record,
there are people out there who would say that he has a
mental health illness.
There are other people who would
10
probably say that he is just different and he marches to
11
the beat of a different drummer.
12
that the criminal justice system can take somebody like
13
Mr. Caterbone and force them into treatment that they
14
don't deem necessary.
15
And I do not believe
The concern here would be that -- that -Page 36
16

Mr. Caterbone, if he's given a period of probation, I'm
17
sure he would be cooperative with his probation
18
officer.
19
terms of making his appointments.
20
casual conversations when he would run into Mr. Stiner
21
on the street.
22
He was very cooperative with Mr. Stiner in

I know that they had
I would often see Stanley in between our court
23
appearances and I would say with very few exceptions
24
he's always been courteous and respectful.
25
been some times when we haven't always agreed, but I
There have
45
don't think he's a threat to the community.
I don't think he's somebody who needs to be
302'd today or tomorrow, and I would just ask that the
Court fashion a sentence that fits the crime here.
5
6
Mr. Caterbone did spend a period of time in

jail.
THE COURT:
MS. LONGER:
At that time I wasn't representing him, so I'm
10
11
12
13
14
15
16
17
18
Why was that?

Because his bail was revoked.
not sure what provoked the bail revocation.

His understanding is that he missed an
appointment.
He --
THE DEFENDANT:
I didn't miss it.
They said I
missed it.
MS. LONGER:
He was unaware of an appointment,
and as it turns out -THE DEFENDANT:

said I missed it.
No.
I was there.
They just
I was there.
19
MS. LONGER:
He was actually there.
20
THE DEFENDANT:
21
MS. LONGER:
I was there.
But he didn't get checked in and

Page 37

22
nobody realized he was there.
23
24
THE DEFENDANT:
No.
I had the meeting.
I was
there.
25
They issued a bench warrant out for me on

46
October 30th.
on December 28th, when they changed my secured bail to
unsecured.
meeting.
5
6
I appealed the matter and I was released
But I attended the meeting.
THE COURT:
So he was present and somebody
issued a bench warrant for his arrest anyway?
MS. LONGER:
THE DEFENDANT:
9
10
11
I had a
That's what he's saying.

Correct, correct.
That's
correct.
THE COURT:
Do you have anything else,
Ms. Longer?
12
MS. LONGER:
One other thing, Your Honor.
13
I know that the sentencing code provides that
14
the Court may, in appropriate circumstances, find
15
somebody to have been found guilty and not impose a
16
sentence and I think guilty without further penalty is
17
appropriate in this case under the circumstances.
18
19
THE COURT:
I thought you didn't want
Mr. Caterbone treated differently than anyone else.
20
MS. LONGER:
21
THE COURT:
I did say that.

In the course of his travels
22
through the legal system, Mr. Caterbone, of his own
23
volition, submitted the complete discharge summary in a
24
civil case regarding his hospitalization at Lancaster
25
General Hospital in 2006.
He only sent the first page

47
Page 38

to Mr. Stiner.
According to that, he wasn't just simply
released from the hospital.
had a 303 hearing, and was continued in treatment.
However --
6
7
THE DEFENDANT:
No, I did not have a 303
hearing.
8
9
He had a 302 hearing, he
THE COURT:
When he was evaluated by the second
physician, it was determined at that point he was not a
10
threat to himself or anybody else.
11
in treatment and they couldn't find any benefit to
12
keeping him in the hospital.
13
14
It was for that reason that he was released.

The final diagnosis was a bipolar disorder, mixed type.
15
MS. LONGER:
16
THE DEFENDANT:
17
THE COURT:
I only had one hearing, Your
Well, apparently, he represented
himself at the 303 hearing.
20
21
He doesn't recall a 303 hearing.
Honor.
18
19
He was not engaging
THE DEFENDANT:
hearing.
22
Excuse me.
There was only one
I'm sorry.
THE COURT:
Ms. Longer, that's the document
23
Mr. Caterbone filed himself of his own volition in the
24
Prothonotary's office.
25
record.
It is a matter of public
I'm not going to debate with him what's in it.

48
I'm simply taking what he submitted to the Court and
informing you of it.
Is there anything from the Commonwealth?
MS. MUZEREUS:
THE COURT:
No, Your Honor.
Is there anything you wish to tell
me about this matter, Mr. Caterbone?

Page 39

7
8
THE DEFENDANT:
Your Honor, I'm still going --
I guess I'd like to reference my statement.
Had I known that there was a formal warrant
10
with authority when I stopped to talk to Officer Buser I
11
would have -- I would have sat there and let him do
12
whatever he wanted to do.
13
I sincerely did not know that he had anything
14
formally.
15
the Court and to the police for the time spent.
16
you know, had I known that he had something formally, I
17
would have stepped out of the car and went with him.
18
But he never even asked me to step out of the car.
19
apologize to the Court for the resources they've spent.
20
He didn't tell me he did, and I apologize to

But,
And considering my community service and things
21
like that, I don't feel I'm a threat to anyone.
22
just wish the Court would provide me with time served,
23
since that was, you know, for nothing.
24
25
THE COURT:
And I
Mr. Caterbone, the law requires I
state on the record the reasons for the sentence I

49
impose.
I will tell you, again, I have absolutely no
animosity toward you whatsoever.
conceivable effort to preside fairly over all of your
cases.
I have made every
The decisions I've made are a matter of record,
either in open court or I have filed opinions
memorializing the basis for my decisions.
perceived no rational basis to recuse myself.
So I've
As I
10
said, I have nothing against you at all.
11
doubt whatsoever that I can preside fairly over your

Page 40
I have no

12
cases.
13
I note you are 49 years of age.
14
single.
15
University.
16
17
You are
You have a Bachelor's Degree from Millersville
You have no juvenile record.
The only adult
record of conviction is for two summary offenses.
18
You are the third of six children.
There
19
appear to be no childhood issues reported in the
20
presentence report.
21
I note your brother -- your older brother had
22
psychiatric problems and, apparently, your mother had
23
mental health issues at some point as well requiring
24
that you provide assistance to both of them.
25
brother, Samuel, left the residence in 1976 and died in
Your
50
California in 1984.
You also reported assisting your brothers to
attend college.
mother or siblings for several years, as your attorney
has indicated.
You have had limited contact with your
You have maintained stable residences.
You have prior alcohol and marijuana and
cocaine use; however, there's been no illegal drug use
since you were in college.
indication that drug use or alcohol was a factor in this
10
11
There apparently is no
case.
It is unclear exactly what your mental health
12
status is.
13
disorder in the report from the family physician in
14
1998, and the prescription of Lithium.
15
There is the reference to your bipolar
Apparently, also in the records you admit
16
seeking treatment for depression.
There is also the
17
most recent medical record from Lancaster General

Page 41

18
Hospital, which you submitted to the Court in connection
19
with another case, indicating you were diagnosed with a
20
bipolar disorder.
21
Based on the documents, again, that you,
22
yourself, have submitted for the presentence report it
23
appears that there is a history of mental health
24
problems in your family and it appears that you have
25
been of a concern to members of your own family because

51
of mental health issues.
In some of the documents you submitted you list
the people who have falsely branded you as having mental
health problems and they include your mother and your
brothers, one of whom, I understand, is a physician.
Be that as it may, at this point it is
difficult to determine what, if any, role any mental
health problem you may have may have played in this
offense.
10
We have also reviewed your employment history.
11
The psychological evaluation was scheduled for
12
August the 20th of 2007.
13
that date because you were referred for the psychiatric
14
evaluation.
15
perform that evaluation because of your litigation
16
against the hospital where he is, I believe, chief of
17
the medical staff and also since he is a psychiatrist.
18
Dr. Presley is a colleague of his.
19
There really is no report from
As we all know, Dr. Gottlieb refused to
I have taken into account in addition to the
20
presentence report and the voluminous attachments that
21
you have submitted, the provisions of the sentencing
22
code and the sentencing guidelines, the authorized

Page 42
23

penalties, the circumstances of the offense, and your
24
rehabilitative needs.
25
I've considered the comments of your attorney,

52
I've considered the position of the Commonwealth, and
I've considered what you have said.
Mr. Caterbone, it's my view that what you have
submitted in the presentence report and the positions
you have taken in court throughout this proceeding and
what we've gone over this morning very well speaks for
itself.
8
9
You apparently function, for whatever reason,

under the belief that everyone has formed some vast
10
conspiracy directed solely at your role, even people who
11
have minimal contact with you.
12
problem the legal system is in a position to address.
13
That, however, is not a
Accordingly, for the offense of fleeing or
14
attempting to elude a police officer, since you've
15
already spent time in custody, you will receive credit
16
for that.
17
You are sentenced to undergo imprisonment in
18
the Lancaster County Prison for a term of not less than
19
time served, nor more than six months.
20
to pay a fine of $50, and to pay the cost of
21
prosecution.
22
You're ordered
If you are willing to accept mental health
23
treatment, and only on that condition, then the
24
probation and parole department is directed to assist
25
you in obtaining such assistance.

53
1
2
Because I have imposed sentence pursuant to the

finding of the jury, you have certain postsentencing
Page 43

3
rights.
You have 30 days from today to take an appeal
to the Superior Court.
represented by counsel and if you cannot afford an
attorney one will be appointed for you without cost.
You're entitled to be
Do you understand that?
THE DEFENDANT:
THE COURT:
Yes, Your Honor.
You do not have to take an
10
immediate appeal.
11
optional postsentence motion procedure.
12
You may, if you wish, file an
If you elect to follow this optional procedure,
13
you must file your postsentence motion in writing in
14
this Court -- that means in the Clerk of Court's
15
office -- within 10 days of today's date.
16
You're entitled to be represented by counsel,
17
and if you cannot afford an attorney, one will be
18
appointed for you without cost.
19
20
THE DEFENDANT:
21
THE COURT:
Yes, Your Honor.
Now, if you elect to follow this
22
optional postsentence motion procedure your appeal
23
period -- that is the 30-day period to take an appeal to
24
the Superior Court -- does not begin to run until your
25
postsentence motion is disposed of.
That happens in one

54
of two ways.
If I rule on it, you have 30 days from
that date to take an appeal.
within 120 days of the date you file it, or if you and
only you ask for a 30-day extension, then if I don't
rule on it within 150 days of the date you file it, your
motion is automatically denied.
that by the Clerk's office and you have 30 days from
If I don't rule on it
You will be notified of
Page 44

that date to take an appeal.
10
THE DEFENDANT:
11
THE COURT:
Yes, Your Honor.
In your postsentence motion, if you
12
file one, you can seek a modification of sentence or you
13
may challenge the discretionary aspects of this
14
sentence.
15
Now, if you wish to raise either of those
16
issues on appeal, you must file a postsentence motion in
17
this court.
18
appeal.
They cannot be raised for the first time on
19
20
THE DEFENDANT:
21
THE COURT:
Can you repeat that, please?
If you wish to challenge the
22
discretionary aspects of sentence, or if you wish to
23
seek a modification of sentence, you must file a
24
postsentence motion in this court within 10 days of
25
today's date.
55
You are entitled to be represented by counsel,
and if you cannot afford an attorney one will be
appointed for you without cost.
The reason you must do that is those issues
will not be entertained by the Superior Court for the
first time on appeal.
presented to this court first.
Those two issues must be
THE DEFENDANT:
10
THE COURT:
Yes.
Other than those two issues, on
11
appeal you can challenge the jurisdiction or power of
12
the court to hear your case and impose sentence, the
13
legality of the sentence I impose, or raise any other

Page 45

14
issue that was decided adversely to you in this case
15
either before or during trial.
16
17
THE DEFENDANT:
18
THE COURT:
Yes, Your Honor.
Now, you do not have to file a
19
postsentence motion unless you wish to raise either of
20
the two issues I mentioned.
21
are preserved for appellate review if filed in a timely
22
notice of appeal.
23
Otherwise, all your issues
If you wish to challenge the discretionary
24
aspects of sentence or seek a modification of sentence,
25
then you must file a postsentence motion first.

56
THE DEFENDANT:
THE COURT:
Do you have any questions about
your appellate rights?
5
6
Yes, Your Honor.
THE DEFENDANT:
This is a lot for me.
THE COURT:
Will I get this in writing?

I can't digest all of this.
I'm telling you now.
you get.
to your attorney about it.
10
11
If you wish further information you may speak
THE DEFENDANT:
THE COURT:
13
THE DEFENDANT:
14
THE COURT:
Thank you, Your
Do you understand what I told you?

Yes, Your Honor.
Do you have any questions about
your appellate rights?
16
THE DEFENDANT:
17
THE COURT:
18
All right.
Honor.
12
15
This is what
No, Your Honor.
Do you have any questions about the
sentence?
Page 46
19

THE DEFENDANT: Yes, Your Honor. What is it?
20
THE COURT:
21
THE DEFENDANT:
22
THE COURT:
23
Pardon?
What is the sentence?
Time served to six months, a fine
of $50, and court costs.
24
THE DEFENDANT:
25
THE COURT:
So what does --
Do you have any other questions?

57
MS. LONGER:
That amounts to four months of
probation if you have two months in.
went to jail for two months.
THE DEFENDANT:
MS. LONGER:
Correct.
You have time served to six
months.
credit for that time served.
THE COURT:
MS. LONGER:
10
11
The time served up until six months you get
THE COURT:

It's six months -Is there something, Mr. Caterbone,
that's unclear about the sentence?
12
13
THE DEFENDANT:
Yeah.
Am I going to jail
Okay.
I didn't understand,
today?
14
THE COURT:
15
THE DEFENDANT:
16
You told me you
No.
Your Honor.
17
THE COURT:
Mr. Caterbone, if you would listen
18
carefully to what I say, I'm trying to articulate this
19
as clearly as I possibly can.
20
months.
I said time served to six
21
22
THE DEFENDANT:
23
THE COURT:
24
MS. LONGER:
No, Your Honor.
Do you have anything further?

No, Your Honor.
Page 47

25
I will review his postsentence rights.
I have
58
the --
2
3
THE COURT:
matter?
MS. LONGER:
THE COURT:
You are court appointed in this
I am.
Is there anything from the
Commonwealth?
MS. MUZEREUS:
There may actually be an issue with the time
9
10
Yes, Your Honor.
that's going to be credited.
I believe that the time he
spent incarcerated was on the DUI, not on this.
11
THE COURT:
12
MS. LANCASTER:
13
Thank you.
Is that the case?

Your Honor, I don't know.
would have to defer to Mr. Stiner.
14
THE COURT:
15
MR. STINER:
Mr. Stiner, do you know?

I had some documents, Your Honor,
16
I don't know how long it will take me to find them.
17
might just be easier if we go downstairs to the Clerk.
18
I do believe he spent time on this charge.
19
THE COURT:
20
days or 60 minutes.
21
time-served sentence, whatever it is.
Well, it doesn't matter if it's 60

A time-served sentence is a
22
Well, do you have the file there?
23
indicate if he was ever incarcerated on this charge.
24
25
It
MS. LONGER:
That should
Wouldn't the number be on the bail
revocation?
59
MS. MUZEREUS:
I'm almost certain it was on the DUI, 'cause
I don't have that in the file.
Judge Allison is the one that granted the bench warrant

Page 48

for bail administration and it was a hearing before
Judge Allison.
6
7
MS. LONGER:
But I thought we talked about this
one.
MS. MUZEREUS:
was the DUI, not this.
We did, and I said I thought it
10
MS. LONGER:
11
denied something on the bail.
12
13
THE COURT:
MS. LONGER:
MS. MUZEREUS:
MS. LONGER:
But it looks like the time in jail
was for the DUIs, not on this case.

THE DEFENDANT:
that.
24
25
I mean, I have unsecured bail
for both at the same time.
22
23
Dayna is calling Gail in the
THE DEFENDANT:
20
21
So when you were
prison.
18
19
Okay.
incarcerated, it was on the DUI.
16
17
I don't see any indication here
that he's ever been incarcerated on this charge.
14
15
Because I thought Judge Cullen
What?
I'm not going to agree to
Do you want me to say yes?
THE COURT:
There's no indication in this
filing that he's ever been incarcerated, Ms. Longer.

60
1
2
THE DEFENDANT:
You all work it out and let me
know.
MS LONGER:
If we just modified the sentence to
four months' probation, that would net out to the same
effect.
THE COURT:
MS. MUZEREUS:
8
9
Well, did Ms. Lancaster go -Yes, Your Honor.
She's
verifying with Gail in the prison to verify the time.

THE COURT:
I hope she has a cell phone and she

Page 49

10
didn't go back to her office.
11
12
MS. MUZEREUS:
back to chambers.
13
14
She probably went the long way
THE COURT:
Well, Ms. Longer, you might as well
have a seat.
15
(A brief recess was taken.)
16
Ms. Longer, I just have confirmed with the
17
prison that your client has no time on this charge.
18
was incarcerated from October 30th, 2006 to December
19
29th of 2006 on Docket Number 2843 of 2006 and 4771 of
20
2006.
21
He
Accordingly, the sentence imposed is vacated,
22
and in lieu of sentence you're placed on probation for a
23
period of six months and you're ordered to pay a fine of
24
$50 plus costs.
25
The other condition applies that if you are

61
willing to accept mental health treatment, then the
probation and parole department is directed to assist
you in obtaining that treatment to the extent possible.
4
5
Do you have anything else you wanted to say

about this, Mr. Caterbone?
6
7
8
9
THE DEFENDANT:
No, Your Honor.
Thank you very
much.
THE COURT:
Do you have anything you want to
say, Ms. Longer?
10
MS. LONGER:
11
I do have a document which I believe belongs in
12
13
14
No, Your Honor.
your file, if I may.

THE COURT:
All right.
Is their anything
further from the Commonwealth?

Page 50
15

MS. MUZEREUS: No, Your Honor.
16
THE DEFENDANT:
17
THE COURT:
18
THE DEFENDANT:
19
Yes, Mr. Caterbone?

May I address that letter for a
moment?
20
21
Your Honor?
THE COURT:
Mr. Caterbone, this proceeding is
closed.
22
THE DEFENDANT:
23
THE COURT:
Okay.
I'm sorry.
I'm sorry.
I'm simply indicating to you for
24
the purposes of your recusal motion that this is another
25
one of the erroneous accusations that you've made.

62
1
2
3
I have nothing against you whatsoever,

Mr. Caterbone.
(The proceedings were concluded at 12:35 p.m.)
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Page 51

21
22
23
24
25
63
REPORTER'S CERTIFICATE
2
3
I HEREBY CERTIFY that I was present upon the
hearing of the above-entitled matter and there reported
stenographically the proceedings had and the testimony
produced; and I further certify that the foregoing is a
true and correct transcript of my said stenographic
notes.
9
10
In testimony whereof, I have hereunto

subscribed my hand this 21st day of October 2009.
11
12
13
14
____________________________
Lisa L. Miller, RPR
Official Court Reporter
15
16
17
18
19
AND NOW, __________________, ______, this

transcript is approved and ordered to be filed.
20
21
____________________________
James P. Cullen, Judge
22
23
24
25
Page 52

Page 53

3179-2006 Sentencing Transcript of October 24, 2007 Important

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3179-2006 Sentencing Transcript of October 24, 2007 Important

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3179-2006 Sentencing Transcript of October 24, 2007

IN THE COURT OF COMMON PLEAS

No. 3179 of 2006

HONORABLE JAMES P. CULLEN

October 24, 2007

Are you ready, Ms. Longer?

phoned your chambers yesterday in light that in

3179-2006 Sentencing Transcript of October 24, 2007

reviewing the presentence investigation yesterday,

Mr. Caterbone found what he considers to be significant

inaccuracies or misstatements in the report.

the author of the report, that would be Mr. Stiner, but

there are also misstatements in some of the

What I explained to Mr. Caterbone is that our

procedure normally would be to come in and make those

corrections on the record.

time, because what he would like to do is actually

prepare something in writing and it's -- what I reviewed

with him yesterday was just maybe eight points that he

had noted as points that needed to be either amplified

or modified or disputed and --

He has requested additional

Well, Mr. Stiner from the probation

alleged inaccuracies in the report that Mr. Stiner

We will go over any claims of

I believe virtually all of the documents that

were attached were provided by Mr. Caterbone.

claims there are inaccuracies in them, there's nothing

we can do about that if he provided the documents.

Well, Your Honor, as I do on

almost all of my cases, I asked Mr. Caterbone to review

this just yesterday, the day before sentencing, not

anticipating that this would be a problem.

be his position that at this point he hasn't had

adequate time to review all of this information that's

3179-2006 Sentencing Transcript of October 24, 2007

Well, the report itself is about 12

and a quarter substantive pages.

signature page and it includes the cover page, which is

simply the charges and the very basic biographical

That omits the

Now, if your client wants more time to read

those, essentially, 11 pages, how much more does he

Because everything else he submitted.

Stanley, how much more time would

Do you mean days?

You don't need days to read 11

pages, Mr. Caterbone.

We're talking minutes.

Well, I'd like to go through

all of the attachments.

Mr. Caterbone, you sent them in.

not spending more time and continuing this case because

you chose not to read them.

May I speak, Your Honor?

I was told that I couldn't review the

presentence report until the psychiatric was done.

was waiting for the psychiatric, which they never

Mr. Caterbone, it's my

understanding the psychiatric was not done because

Dr. Gottlieb -- because of your lawsuit against

Lancaster General Hospital and his colleague,

Dr. Presley, and he, I understand, is the chief of the

medical staff at the General Hospital.