LAWRENCE COUNTY Criminal charges left intact against ex-school employee

Havey's appeal hearing on his firing remains in the courts.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- A judge has denied the request of the former New Castle Schools business administrator to dismiss criminal charges of forgery and tampering with records and identification.
The New Castle school board fired Roger Havey of Aliquippa, Pa., last year, and he was later charged by Pennsylvania State Police.
State police believe Havey altered the official Pennsylvania State Police Act 34 Criminal History Check document while seeking a job in the district. The board hired him as business administrator in December 2002.
The board fired Havey in June 2003 after a hearing in which he admitted he changed the document to eliminate his theft conviction in 1990 in Elks County.
Havey appealed the school board's decision to Lawrence County Common Pleas Court. A judge is considering it.
Havey also had asked the court to throw out his criminal charges, contending that sufficient evidence to support the charges was not presented at his preliminary hearing.
Havey contends he changed the document at the request of schools Superintendent George Gabriel. Gabriel denies that.
State police said they believe Havey acted alone, and no criminal charges are pending against any other school district employees.
Lawyer's argument
Judge J. Craig Cox discounted arguments made by Havey's attorney, his brother John Havey, that Roger Havey altered only a copy of his Act 34 Clearance and not the original.
"To accept this argument would permit people to make photocopies of original documents, leave the original document intact, alter the photocopies and then present them as proper. This court does not believe that the forgery statute should be circumvented in this manner," Judge Cox wrote in his decision, which he handed down Tuesday.
John Havey also argued that Roger Havey's conviction would not preclude him from working at a school district. State law outlines certain crimes whereby a conviction prevents people from working in schools.
John Havey contends that his brother, not the school district, was the victim.
Judge Cox wrote, however, that he doesn't see how Roger Havey's firing has any bearing on criminal proceedings.
"Whether or not the document was required as part of employment does not change the fact that it is a copy of a form from the Pennsylvania State Police, and the changes to it [are] purported to be the act of the Pennsylvania State Police," the judge wrote.
cioffi@vindy.com