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Yahoo
30-05-2025
- General
- Yahoo
Pa. Supreme Court ruling limits access to mug shots
County prisons in Northeast Pennsylvania have stopped providing mug shots of accused criminals to media organizations, with officials citing a Pennsylvania Supreme Court ruling as the reason for the change. The unanimous high court ruling in April in Mezzacappa v. Northampton County states that mug shots are categorized as 'identifiable descriptors' and county agencies are prohibited from distributing them under the state's Criminal History Record Information Act, or CHRIA. Police departments may provide mug shots to noncriminal justice agencies, such as media organizations, and individuals. The Pennsylvania NewsMedia Association takes issue with the ruling and submitted a brief to the state Supreme Court before its decision, stressing the importance of transparency when it comes to the dissemination of public documents. 'The records in this case provide significant insight into law enforcement actions and the administration of justice, and they have been available to press since law enforcement began using photography to document individuals taken into government custody,' the brief read. Melissa Melewsky, attorney for the news media organization, said that mug shots do not only provide a photo of an accused criminal at the time of their arrest; they provide a historical account of the demeanor of the accused at the time of their arrest. 'For instance, the mug shot of civil rights icon Rosa Parks displays dignity and resolve in the face of racial segregation and conveys commitment to her act of civil disobedience, in addition to serving as an official record of the fact that she was arrested,' she said. Another example Melewsky provided was Jerry Sandusky's mug shots released first by the Pennsylvania attorney general's office after his 2011 arrest and then by the Pennsylvania Department of Corrections after he began serving his sentence. 'These photographs were used in media coverage initially to illustrate the defendant's custody, appearance and countenance, and then later, to confirm that the defendant was incarcerated as required by law,' she said of Sandusky's mug shot. Also significant was the release of President Donald's Trump mug shot in 2023, interesting to both his supporters and detractors, she said. Trump himself posted the image to his account on X, formerly Twitter. Local impact Lackawanna County District Attorney Brian Gallagher has put a pause on providing mug shots to media sources while his office evaluates the opinion to ensure the office is complying with the law. Gallagher also plans to contact district attorneys from other counties in the state to have an understanding of their interpretation of the ruling. Luzerne County prison officials received a memo Thursday morning indicating they were no longer at liberty to provide mug shots to media sources because of the ruling. A Schuylkill County Prison employee told a Times-Tribune reporter that the prison had stopped providing mug shots to the media as of Wednesday and that officials were reviewing the ruling. * Trump (SUBMITTED) * Jerry Sandusky (SUBMITTED) * The front of the Lackawanna County Prison in Scranton Thursday, April 10, 2025. (SEAN MCKEAG / STAFF PHOTOGRAPHER) * ROSA PARKS (SUBMITTED) Show Caption 1 of 4 Trump (SUBMITTED) Expand Supreme Court decision The case that ultimately led to April's Supreme Court decision had its roots in a Nov. 7, 2020, Right to Know request. Tricia Mezzacappa submitted the request to Northampton County Prison for the mug shots of two individuals who had allegedly been detained at the prison. The county denied the request Dec. 15, 2020, claiming the records were exempt from disclosure because they related to criminal investigations. Mezzacappa appealed and the county released the mug shots to her. In Dec. 28, 2020, Mezzacappa filed a second Right to Know request, seeking 'all mugshots taken of all inmates at the jail from October 2020 to present, including inmates released on bail' and other documents. On Feb. 3, 2021, the county denied Mezzacappa's request for the mug shots, indicating they were 'insufficiently specific and unduly burdensome in the context requested.' In denying the request, Northampton County said the mug shots comprise criminal history record information under CHRIA and that the photos could be released only by state or local police departments. In March 2021, Mezzacappa appealed the denial to the Office of Open Records, which directed the county to provide the mug shots. Northampton County, however, challenged the decision in Commonwealth Court, which ruled in favor of the Office of Open Records and directed the release of the mug shots. Ultimately, the county challenged that decision in the Pennsylvania Supreme Court, which ruled in its favor and reversed the Commonwealth Court ruling. 'We conclude that mug shots constitute 'identifiable descriptions' as contemplated in CHRIA's definition of 'criminal history record information,'' the court wrote. 'We further conclude that … criminal history record information may only be disseminated to noncriminal justice agencies and individuals by a police department, and, thus, that the County, as a non-law enforcement agency, is prohibited from releasing the mug shots requested.' History of mug shots The official use of mug shots can be traced to Birmingham, England, in 1848, when police officers began taking photos of prostitutes and thieves. A book from that time period titled 'Accusare: Storia del Novecento' includes mug shots, indicating that at least some of those photos became public, according to a recent collection of mug shots and information compiled by local historian Nicholas Petula in his book, 'Faces of the Accused: A History of Scranton Mugshots and Criminal Activity.' Scranton, with a growing crime problem, began using a mug shot system in the 1890s, with photos accompanied by a description of the accused. Many of those mug shots became public and are included in Petula's book.
Yahoo
28-05-2025
- General
- Yahoo
Pottsville City Council poised to select new mayor, maybe
POTTSVILLE — City council is having a special meeting at 6:30 tonight with the main order of business selecting a new mayor. Pottsville Mayor Mark Atkinson stepped down abruptly in early May for health reasons. He was finishing the unexpired term of Mayor Dave Clews, who also resigned for health reasons. Four candidates have submitted a letter of interest for the mayoral seat: City council members Andy Wollyung a Democrat, who recently ran on the Democratic ballot in the May 20 primary, Tom Smith, a Republican who also ran in the May 20 primary; William Messaros, also a member of city council; and Mikaela Gavaletz, an advocate for the LGBTQ+ community. With two of the four siting council members seeking the mayoral seat, the potential for a conflict of interest arises as they can't vote for themselves, said Melissa Melewsky, media law counsel for the Pennsylvania NewsMedia Association. According to the Pennsylvania Ethics Act, a conflict of interest arises if a person uses their authority or their public office/employment or confidential information received through their public office or employment, which is used for the private, pecuniary (monetary) benefit of the public official/public employee himself, any member of his immediate family, or business with which he or a member of their family is associated. Ed Brennan, solicitor for city council, was not immediately available for comment. This story will be updated.
Yahoo
21-03-2025
- Politics
- Yahoo
State Rep. Ryan Bizzarro receives media award for enacting bill to protect free speech
State Rep. Ryan Bizzarro has been recognized for his efforts to protect First Amendment freedoms. The Pennsylvania NewsMedia Association, a nonprofit trade association for print and online news media, awarded Bizzarro its 2024 Advocate of the Year award, according to a news release Monday. The award recognizes Bizzarro's role in helping to enact legislation that protects against frivolous lawsuits targeting individuals or organizations ― including news media outlets ― that speak out on issues of public interest or concern. Philadelphia attorney Michael Berry, who drafted the legislation, was also awarded the 2024 Advocate of the Year award. Bizzarro's bill, which became the state's new anti-SLAPP law, will curtail Strategic Lawsuits Against Public Participation, or SLAPPs. These lawsuits have been historically used to silence or deter people from sounding a warning against people or organizations that take a position on a matter of public interest. The new law establishes a mechanism to quickly dismiss SLAPP lawsuits based on protection of free speech through a court motion. If the dismissal motion is granted, defendants may recover legal fees and damages from the lawsuit. More: Democrat Bizzarro easily wins re-election in 3rd District state House contest Bizarro, D-3rd, was the prime sponsor of the legislation. The bill passed both the House and Senate with unanimous support and was signed into law by Gov. Josh Shapiro on July 17. 'I'm a strong advocate for the First Amendment, and in these uncertain times it is important to preserve our rights to protest and speak up against injustice,' Bizzarro said in the news release. 'I'm glad I could make sure 2024 was the year we finally got this done.' Bizzarro added it was an honor to be recognized beside Berry. 'He has been the constant in this effort, translating advocacy into action in the Legislature," Bizzarro said. "Mike was there to catch the smallest details and made sure we had an effective bill that both parties and both chambers could agree to. The unanimous votes are proof of that." Pennsylvania NewsMedia Association President and CEO William Cotter praised Bizzarro and Berry for their efforts. 'We are so appreciative of Rep. Bizzarro and Mike Berry's tireless efforts and support of Pennsylvania's anti-SLAPP law, seeing it across the finish line after more than 10 years of work," he said in the release. 'The new law will have an incredibly positive impact on local journalism statewide and protect freedom of expression for all Pennsylvanians.'' Bizzarro, who was sworn in to the Pennsylvania House of Representatives in 2013, is serving his seventh two-year term in the 3rd legislative district, which covers Millcreek and Fairview townships. Bizzarro, 39, is from Millcreek Township. More: Bizzarro draws line: Pa. Senate must act on public transit plan vital to Erie growth A.J. Rao can be reached at arao@ Follow him on X @ETNRao. This article originally appeared on Erie Times-News: Bizzarro receives media award for efforts to protect free speech
