Wilkes, Scranton, Miseri On Title Quests

Aarp Slates Refresher Course For Mature Drivers 
The Charles T. Adams Senior Center, 5 East Market St., Wilkes-barre, Has 
Joined With The American Association Of Retired Persons (aarp) To Offer A 
55-alive/mature Driving Course. The 8-hour Classroom Refresher Course Is 
Taught To Help Drivers Age 55 Years And Older Improve Their Skills And Prevent 
Accidents.

By WILLIAM SPECHT; Times Leader Staff Writer
 Wednesday, February 21, 1996 &nbsp;&nbsp;&nbsp;&nbsp;Page: 3A 





WILKES-BARRE -- Luzerne County Court of Common Pleas Judge Gifford
Cappellini must decide whether David "Two Wolves" Smith deserves a new trial
on grounds he might not have understood what he was doing when he requested a
non-jury trial in June 1995. &nbsp;&nbsp;&nbsp; 
 At a hearing Tuesday, Smith's attorney, Kevin Fitzgerald, said cognitive
deficiencies in Smith, 39, prevented him from understanding his right to a
jury trial. Smith and his former lawyer, Joseph Vullo, had requested a
non-jury trial in June. &nbsp;&nbsp;&nbsp; Smith, of Rome, Bradford County, was sentenced Oct. 13, 1995 to spend six
months of his two-year probation in home confinement for indecent assault and
corruption of minors. The charges stem from an incident in which Smith
molested a 12-year-old girl. &nbsp;&nbsp;&nbsp; 
 The sentence was imposed by Cappellini, who also heard Smith's one-day,
non-jury trial in June. &nbsp;&nbsp;&nbsp; 
 Dr. John Harvey, a psychologist with Allied Services in Scranton, testified
Tuesday that Smith was suffering from severe memory difficulties, which were
measured in November by administering psychological tests to Smith. &nbsp;&nbsp;&nbsp; 
 "The material would have had to have been written out for him and then he
would have to be interviewed and asked to restate what was asked in his own
words," said Harvey. &nbsp;&nbsp;&nbsp; 
 Vullo, who also testified Tuesday, said Smith understood what could happen
if he chose a non-jury trial. &nbsp;&nbsp;&nbsp; 
 Smith did not testify at the hearing. &nbsp;&nbsp;&nbsp; 
 Smith, a self-identified "holy man," said he was performing an American
Indian cleansing ceremony alone with the 12-year-old girl. &nbsp;&nbsp;&nbsp; 
 Cappellini approved a motion by Fitzgerald that Smith be released from his
home confinement and placed on recognizance bail while a decision is pending
on his appeal. &nbsp;&nbsp;&nbsp;

`two Wolves' Seeks New Trial Judge To Issue Ruling In Child Abuse Case