Judge to decide if Felasco must talk

The treasurer did receive his paycheck this week.
By LAURE CIOFFI
VINDICATOR PENNSYLVANIA STAFF
NEW CASTLE, Pa. -- Lawrence County's embattled treasurer, Gary Felasco, wouldn't answer 16 questions during a recent deposition.
Now a judge must decide if Felasco will be forced to talk.
Lawrence County District Attorney Matthew Mangino filed a motion in Lawrence County Common Pleas Court asking a judge to order Felasco to respond.
The district attorney filed the lawsuit in August that challenges Felasco's right to hold the title of county treasurer and asks for the court to declare the treasurer's seat vacant.
The lawsuit also seeks to remove Felasco from the Lawrence County Housing Authority board.
Charges
The district attorney's office contends that Felasco has set up residence with his wife and children in Ashtabula, that the treasurer is receiving mail at that residence and that he is driving a vehicle registered in Ohio.
The county code specifies that officials elected to county seats must reside in the county. Court records show that Felasco's property in New Castle, which he co-owns with his wife, Jeannine, is facing foreclosure.
This civil lawsuit is in addition to the criminal charges of theft and embezzlement filed by the Pennsylvania Attorney General's Office.
The treasurer came under investigation after it was revealed in early 2004 that he has not paid property taxes on his New Castle home for four years. The property was marked "stayed" in the county computer system, preventing it from going to a delinquent tax sale. There was no court order to keep the property from being sold.
While investigating that matter, forensic auditors say they discovered more than $44,000 missing from the treasurer's office.
They contend Felasco took the money for his personal use.
Court papers state Felasco took cash payments made to the treasurer's office and substituted them with mailed checks to make the daily books balance. The scheme came to light after Felasco was removed as the appointed county tax claim director, and several property owners listed on the delinquent tax list provided proof they paid but were not credited.
Mangino said he has asked the judge to expedite his civil suit against Felasco. The district attorney is leaving office at the end of this year.
Mangino said he is still waiting for Felasco's utility records, bank statements and other items from his office. A judge had ordered Felasco to provide those records to the district attorney by Thursday.
Paycheck issued
In other matters, Felasco did receive his county paycheck this week.
County commissioners had voted to put Felasco's pay in an escrow account until the criminal charges were resolved. Commissioners Dan Vogler and Steve Craig also instructed the county controller in writing that their signatures should not appear on any check issued to Felasco.
Controller Mary Ann Reiter said she believed only a court order could prevent her from issuing Felasco his paycheck.
The commissioners said they will consult with the county solicitor on the matter.
cioffi@vindy.com