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Arcade Fire Ruled Suspicious By Police

By JOHN DECKER; Times Leader Staff Writer
 Saturday, January 31, 1998 &nbsp;&nbsp;&nbsp;&nbsp;Page: 3A 





WILKES-BARRE- John Ziegler said he wasn't too surprised when the man
accused of trying to hire someone to kill him was cleared by a judge Thursday
of criminal wrongdoing. &nbsp;&nbsp;&nbsp; 
 "I gave up a long time ago believing the system would protect me," Ziegler
said Friday from the Luzerne County jail where he is housed on a parole
violation. &nbsp;&nbsp;&nbsp; However, an investigator questions the district justice's actions in
dismissing the charges against Gary Viechec of Hazle Township. &nbsp;&nbsp;&nbsp; 
 District Justice Donald Whittaker, Nanticoke, dropped charges of
solicitation to commit criminal homicide and criminal conspiracy against
Viechec on Thursday after deciding the prosecution's case was based on hearsay
and he saw no evidence of criminal conspiracy. &nbsp;&nbsp;&nbsp; 
 Hazleton police Lt. Ed Harry said Friday it has not been decided if those
charges will be refiled. &nbsp;&nbsp;&nbsp; 
 Ziegler, 35, is the live-in boyfriend of Michelle Viechec, Gary Viechec's
estranged wife. &nbsp;&nbsp;&nbsp; 
 "The whole story has been psychotic," Ziegler said. "I didn't sleep all
night. I would really hope they would refile (charges)." &nbsp;&nbsp;&nbsp; 
 After legal maneuvering Thursday, Viechec's attorney, Frank Nocito, had a
transcript of a tape-recorded conversation between Viechec and the alleged hit
man, Sargent Major, admitted into evidence. &nbsp;&nbsp;&nbsp; 
 Harry said he has never witnessed a magistrate order the prosecution to
hand over their key piece of evidence to the defense at a preliminary hearing. &nbsp;&nbsp;&nbsp; 
 "Why he chose to disregard case law is anybody's guess," Harry said. &nbsp;&nbsp;&nbsp; 
 Major agreed to be wired by police and later recorded the conversation that
led to the solicitation to commit homicide charge filed against Gary Viechec
on Nov. 6. &nbsp;&nbsp;&nbsp; 
 Major made the agreement after police arrested him near Michelle Viechec's
Alter Street home in Hazleton. She told police Major called their house and
told her that he had been watching her and her daughters and was coming to
their house. &nbsp;&nbsp;&nbsp; 
 Ziegler, who violated his parole when he allegedly punched a woman at a
Hazleton bar earlier this month, said he felt common sense should have
overcome a couple of legal glitches. &nbsp;&nbsp;&nbsp; 
 "He tried to have somebody murder me. ... That's (Gary Viechec's) voice on
the tape," said Ziegler, who did not attend the hearing, but said he
previously listened to the taped conversations. &nbsp;&nbsp;&nbsp; 
 Harry agreed, saying if it wasn't talk of a hit "then what the hell are
they talking about? You don't need to be a rocket scientist." &nbsp;&nbsp;&nbsp; 
 Harry said he thought portions of the recording were enough to bound
charges over for trial, such as when Viechec allegedly told Major, "I have the
shotgun, but I think it's too big." &nbsp;&nbsp;&nbsp; 
 The detective said he was also dumbfounded when Whittaker asked why Major
wasn't at the hearing to testify. &nbsp;&nbsp;&nbsp; 
 "I've never, in my 23 years, had a confidential informant testify at a
preliminary hearing," said Harry, who said such testimony is a strategic
portion of evidence normally used at a trial. Harry said he is in contact with
Major and would have had him testify at a trial. &nbsp;&nbsp;&nbsp; 
 After Thursday's hearing, Harry said he and Luzerne County Assistant
District Attorney Dave Zekoski, who did not return phone messages Friday,
concluded they should have dropped the charges before Whittaker and refiled
them later because "the writing was on the wall." &nbsp;&nbsp;&nbsp; 
 Ziegler, who admits he has a "checkered past," said it is pointless to
dwell on the issue because he has suffere

Cop Questions Dismissal Of `hit Man' Charges District Justice Says Case Is Based On Hearsay And That He Sees No Evidence Of Conspiracy