Judge: Ex-mayor must go to jail Former Coaldale official says he can't pay ankle monitoring fees
Former Coaldale Mayor Richard Corkery had his bail revoked Friday morning by a county judge and was ordered to report to the county prison at 9 a.m. Monday to begin serving his state prison term on child pornography charges.
Judge Steven R. Serfass revoked Corkery's bail following a hearing on a petition he filed for relief from the costs of wearing an ankle bracelet while on bail.Corkery owes $16,485 in monitoring fees, according to his probation officer Clifford Eckert of the adult probation office.Corkery was convicted by a county jury on June 12 of 27 counts of child pornography.On Sept. 16 Serfass sentenced him to serve a total of nine to 36 months in a state correctional institution followed by three years of probation. The start of the jail term was delayed for about 30 days.Corkery then filed a petition for "post-verdict bail" pursuant to state rules of criminal procedure. On Oct. 9 Serfass conducted a hearing on the petition and granted Corkery continued bail.Serfass ruled Corkery, 75, of 249 W. Earley Ave., satisfied the conditions set by the state for granting such bail and said all prior conditions of his bail would continue, plus other new conditions.The new conditions included that Corkery had to continue to wear the ankle bracelet, which he has been wearing since Oct. 6, 2011, surrender his passport, file his appeal and pay his court costs relative to the monitoring system up to date by Oct. 16.Seeks reliefOn Friday Corkery asked that the court put the payments of the monitoring costs on hold until after his appeal is decided. His request was made by attorney Michael W. Cassidy, his new legal counsel from the Philadelphia area.Corkery had been represented from almost the time he was arrested and through his trial and request that bail be extended by attorney Nicholas Quinn of Pottsville.Cassidy said his client was not asking the court to forgive the money Corkery owes to date in court costs, especially the monitoring fees, but to put them on hold until the appeal process is completed.He said the monitoring fees could continue until the appeal is addressed.Corkery testified at the bail hearing he didn't pay anything on the fees because he never got a bill. He said he can't afford to pay the fee, which is $15 per day, due to his limited income.He said he gets about $2,200 a month in Social Security payments and a pension from his former employer. He also claimed his monthly bills for house and other expenses was about $1,900, excluding food.Corkery also said he has a loan against his home which he uses to prepay for oil to heat his home. He said he expects to get a federal tax refund this year of about $4,000. He said he plans to pay off the loan, which now is about $3,342.Cassidy said Corkery would pay $1,000 in a week and what's left over from his tax return on his current monitoring costs.Assistant District Attorney William E. McDonald, who prosecuted the case, said Corkery signed a form, which he presented as evidence, detailing his responsibilities in being placed on an ankle bracelet.Included in that list of guidelines were the costs which he would be responsible to pay.Serfass asked Corkery why he did not use tax refund money in the past, in the years since he began wearing the bracelet, toward his costs.The judge also asked what he paid Quinn in representing him. Corkery said he paid a total of $5,500.No effort to paySerfass also said Corkery knew at the bail hearing that he had to pay his costs to date by Oct. 16 to continue on bail. Serfass said the defendant made no effort to pay his costs.Serfass said Corkery knew he had to pay the court costs and his argument that he has bills to pay "rings hollow" with the court.Serfass said it was obvious Corkery cannot remain on monitoring and that makes him a danger to the public."You pose a threat without monitoring," Serfass said. The judge added based on the charges he was convicted of, Corkery can be considered a danger to young people.Cassidy asked Serfass to delay the start of the prison term until after the holidays because Corkery had to take care of matters at home.Corkery told Serfass the matters were that he had to get someone to care for his house and arrange for someone to pay his bills.Serfass noted in his original sentence he gave Corkery almost 30 days to report and he wasn't willing to do that again.State prisonSerfass said after Corkery reports to the county prison on Monday, the sheriff's department will arrange to transfer him to a state prison.Nesquehoning police charged Corkery with viewing child pornography on a computer at the offices of his then employer, WLSH radio. Corkery denied viewing the pornography, stating the images would "pop up" when he went to the website of his former high school in Philadelphia.However, during testimony presented by the commonwealth, a Federal Bureau of Investigation special agent, John Bates, said Corkery admitted viewing the child pornography while the agent and police were at his Coaldale residence.Further, a state police computer expert, Trooper John Iannace, testified he examined the computer in question and found "thousands" of porn sites and they were not the result of "pop ups."