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Sunday, January 26, 1997 &nbsp;&nbsp;&nbsp;&nbsp;Page: 1A 





Appeal ruling months away &nbsp;&nbsp;&nbsp; 
 Gifford R. Cappellini is free on bail pending an appeal to the state
Superior &nbsp;&nbsp;&nbsp; Court of his 45-day-to-one-year jail sentenceThe court, which heard oral
arguments on Dec. 11, should rule in two or three months, said Cappellini's
attorney, Al Flora Jr. &nbsp;&nbsp;&nbsp; 
 Flora's appeal makes the following arguments, all disputed by prosecutors
from Philadelphia, who were appointed by the state Office of Attorney General
to handle the case. &nbsp;&nbsp;&nbsp; 
 State sentencing guidelines, which prescribe punishments based on a
defendant's criminal history and other factors, should have been consulted by
Luzerne County Judge Michael Conahan. Cappellini had no convictions prior to
pleading guilty in September 1995 to attempting to buy cocaine. He was placed
on one-year probation. His probation was revoked in March when he tested
positive for cocaine. Prosecutors argue the guidelines do not apply to
defendants whose probation is revoked. &nbsp;&nbsp;&nbsp; 
 Conahan erred in ordering Cappellini to have no contact, personal or
business, with anyone involved in drugs. The defense argues this is an
improper restriction on Cappellini's legal practice. The prosecution notes
Cappellini had tried to purchase drugs through a client, adding that
Cappellini's clients were the "precise source of his drug problems." &nbsp;&nbsp;&nbsp; 
 The defense should have had an opportunity to argue against the probation
revocation after the judge ruled that probation had been violated. The
prosecutors argue that Cappellini, and five defense witnesses, testified
before Conahan. "No additional hearing is required," the prosecution brief
says. &nbsp;&nbsp;&nbsp; 
 Conahan did not state "for the record" his reasons for imposing the jail
term. The prosecution argues Conahan indicated he had considered alternative
sentences. "The notion that the court had to do more is ludicrous," it says,
later adding "The cause of defendant's woes may be found in a mirror -- it is
not the fault of the trial judge." &nbsp;&nbsp;&nbsp;

Appeal Ruling Months Away 
Gifford R. Cappellini Is Free On Bail Pending An Appeal To The State Superior 
Court Of His 45-day-to-one-year Jail Sentence.

Appeal Ruling Months Away Gifford R. Cappellini Is Free On Bail Pending An Appeal To The State Superior Court Of His 45-day-to-one-year Jail Sentence.