The Death of Shaheen Mackey

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Saturday, July 11, 2020

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Guards left LCCF just before settlement 2 named in Mackey lawsuit left jobs same week council viewed video of altercation. BY ERIC MARK STAFF WRITER

Two corrections officers named in a suit brought by the family of a for mer Luzerne County Correctional Facility inmate who died after an altercation at the jail

voluntarily left county employment in early June — the same week county council viewed a video of the altercation and weeks before council agreed to a $3 million settlement of the suit. That revelation, included

in the county’s June personnel report, is the latest development in the case of Shaheen Mackey, who died on June 8, 2018, two days after he suffered an apparent violent seizure while being held at the jail for an alleged violation of a protection from abuse order. Numerous corrections

officers attempted to restrain Mackey, deploying multiple Tasers during a struggle. Following an autopsy, the manner of Mackey’s death was ruled natural causes. The county district attorney’s office cleared the corrections officers of any criminal wrongdoing. However, Mackey’s family

filed a suit claiming that corrections officers effectively beat Mackey to death. The suit also alleged that Mackey’s medical screening was inadequate, so corrections officers were not aware Mackey was epileptic and prone to seizures. The suit named Luzerne County and the jail’s health

care provider at the time, Correct Care Solutions, as defendants. It also named 17 individual jail employees, though some were only listed by their last name preceded by “C.O.” for “corrections officer” or “Sgt.” for “sergeant.” Please see GUARDS, Page A7

CORONAVIRUS PANDEMIC

COVID-19 now more prevalent among younger people in Pa.

SWAMPED Newly reopened hair salons about as busy as you might expect

In April, 19 to 24-year-olds accounted for 6% of cases in Northeast; now it’s 16%. BY STEVE MOCARSKY STAFF WRITER

MARK MORAN / STAFF PHOTOGRAPHER

Bob Licata adds highlights to Madeline Chervenitski’s hair at his salon, the Hair Color Studio, in Pittston Twp. on Thursday.

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BY DENISE ALLABAUGH STAFF WRITER

ince they reopened three weeks ago, hair salons in Luzerne County have been swamped by clients clamoring for haircuts and color. The high demand comes after many area residents could not get their hair cut or colored for more than three months as a result of the coronavirus shutdown. Bob Licata, owner of the Hair Color Studio in Pittston Twp., described business as “non-stop” since he reopened at 12:01 a.m. June 19 as soon as Luzerne County entered the green phase. After he reopened just after midnight, he said he cut and colored his clients’ hair until just after 3 a.m., took a short break and continued to cut and color hair until late afternoon. Since then, he said “it’s been like Christmas week every week.” While Licata has been very busy, he

‘Every cape and every chair has to be sanitized before the next client. Everything is wiped down from the door handles and anything touched.’ BOB LICATA

Hair Color Studio owner

said he is finally starting to “flatten the curve” of the high number of customers who needed haircuts or color. “We have to work extra days and extra hours but it’s something that needs to be done and we’re getting caught up,” he said. Clients who come to the Hair Color Studio now see new safety guidelines. Their temperatures are taken when they walk in. The salon is limit-

ed to 50% capacity and no one is allowed to sit in a waiting area. Licata and other hair stylists and clients now wear masks and their chairs are six feet apart. Four stylists can’t be there at the same time because two chairs needed to be eliminated, he said. “Every cape and every chair has to be sanitized before the next client,” he said. “Everything is wiped down from the door handles and anything touched.” Since his salon reopened, Licata said it has been difficult to get some supplies like certain hair colors and clippers. Since the price of supplies also went up, he said he was forced to raise prices to cover the costs. Amid the rush, Licata left work on July 1 when his daughter Sara gave birth to his first grandson Dylan Robert. Please see HAIR, Page A5

Trump threatens tax-exempt status of schools, colleges

Significantly more COVID-19 cases are being reported among younger age groups in Pennsylvania, particularly 19 to 24-year-olds, according to the state Department of Health. In the northeast region, for example, nearly 6% of the COVID-19 cases reported in April were among the 19-to24-year-olds; but in July, COVID-19 cases among people in that age group increased to over 16% of all cases reported in the state, the department reported. The department sent an alert from Secretary of Health Dr. Rachel Levine to health care providers last weekend about the changing case demographics, as there are now more cases in younger age groups than in the 50-64 and 65+ age groups. Levine noted that the average age of patients with COVID-19 has been decreasing slightly, indicating an increase in the number of younger people being diagnosed with COVID-19. Levine also noted that the department is seeing increasing numbers of cases of COVID-19 that are not part of a known outbreak. These cases have been associated with travel to other affected

parts of the country and social gatherings or social settings including bars, restaurants and parties. The death rate for older people who contract the virus and for those with underlying health conditions is sigLEVINE nificantly higher than for younger people. And while serious outcomes are most commonly seen in patients with comorbidities such as obesity, cardiovascular disease, diabetes, chronic respiratory disease and cancer, patients without underlying medical conditions are also at risk for severe outcomes, Levine said in the alert. Studies from China suggest that patients with COVID-19 with no reported underlying medical conditions had an overall case fatality of 0.9%, according to the alert. The department asked that clinicians who evaluate patients for COVID-19 ask about recent travel (international and within the US), attendance at social gatherings or social settings (parties, restaurants, bars), and occupation. Please see VIRUS, Page A5

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President adds pressure for fall reopening. BY COLLIN BINKLEY ASSOCIATED PRESS

In his push to get schools and colleges to reopen this fall, President Donald Trump is again taking aim at their finances, this time threatening their tax-exempt status. Trump said on Twitter on Friday he was ordering the Treasury Department to reexamine the tax-exempt status of schools that he says provide “radical indoctrination” instead of education. “Too many Universities

and School Systems are about Radical Left Indoctrination, not Education,” he tweeted. “Therefore, I am telling the Treasury Department to re-examine their Tax-Exempt Status and/or Funding, which will be taken away if this Propaganda or Act Against Public Policy continues. Our children must be Educated, not Indoctrinated!” The Republican president did not explain what prompted the remark or which

ASSOCIATED PRESS FILE

President Donald Trump listens during a ‘National Dialogue on Safely Reopening America’s Schools’ event at the White House on Tuesday. schools would be reviewed. ratchets up pressure to get But the threat is just one them to open this fall. more that Trump has issued a g a i n s t s ch o o l s a s h e Please see THREATS, Page A5

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Saturday, July 11, 2020

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Trump commutes friend Stone’s prison sentence President’s political confidant was to serve 3 years for lying to Congress. BY JILL COLVIN AND ERIC TUCKER aSSOCIatEd PrESS

FraNK WIlKES lESNEFSKy / StaFF PHOtO

A mangled white Toyota Corolla sits Friday near a telephone pole on Main Street in Dickson City. Law enforcement chased the driver for about an hour through Lackawanna and Luzerne counties.

Driver caught after hourlong vehicle chase BY FRANK WILKES LESNEFSKY StaFF WrItEr

DICKSON CITY — A man led police and state troopers on an hourlong pursuit through Lackawanna and Luzerne counties Friday evening, eventually coming to a stop in the borough. A driver fled from police on Prospect Avenue in Scranton just after 6:30 p.m., taking police along Interstate 81 into Luzerne County and back through Scranton, Dunmore, Throop, Olyphant and Dickson City. The pursuit ended on Main Street in Dickson City near West Lackawanna Avenue. State Police Staff Sgt. John Richards said no one was hurt in the pursuit, though officers fired several shots at the car’s tires. Unfounded reports on social media said an officer

had been shot, which Scranton police quickly refuted on their Be Part of the Solution Facebook page. State police were interviewing the numerous officers involved across multiple accident scenes on Friday night, Richards said. At some point during the pursuit, the driver dropped off a passenger, who authorities made contact with, he said. Multiple state police vehicles were damaged in the chase, Richards said. A mangled white Toyota Corolla sat near a telephone pole on Main Street surrounded by two dozen police vehicles. A bullet hole was visible in the passenger side of the car. Contact the writer: flesnefsky@timesshamrock. com, 570-348-9100 x5181 @flesnefskytt

Health Department encourages safety measures around pools StaFF rEPOrt

The state Department of Health urges all Pennsylvanians to practice social distancing, wear masks and be aware of pool safety concerns to prevent the spread of COVID-19 this summer. For activities in the water, like swimming, it is particularly important to maintain physical distance from others. Face masks should not be worn in the water as a wet face covering may make it difficult to breathe. Take the following precautions before going to the pool: ■ Have a responsible adult watch young children playing in or around water (in addition to lifeguards). ■ Use the buddy system (never swim alone). ■ Learn to swim. ■ Learn CPR. ■ Locate the lifesaving

equipment before entering the pool. ■ Have a phone by the pool and know who to contact in an emergency. ■ Never enter water that is cloudy. ■ Know your role in preventing recreational water illnesses. ■ Know the local weather conditions and forecast before swimming. Public pools were permitted to reopen in the yellow and green phases of the state reopening plan, provided they follow CDC guidance. On July 1, the state health department mandated masks to be worn in all public places. While at public pools, Pennsylvanians should continue to use cloth face coverings as feasible. For more information on pool safety and your health, visit www.health.pa.gov.

WASHINGTON — President Donald Trump commuted the sentence of his longtime political confidant Roger Stone on Friday, just days before he was set to report to prison. Democrats denounced the move as just another in a series of unprecedented interventions by the president in the nation’s justice system. Stone had been sentenced in February to three years and four months in prison for lying to Congress, witness tampering and obstructing the House investigation into whether the Trump campaign colluded with Russia to win the 2016 election. He was set to report to prison by Tuesday. Stone told The Associated Press that Trump had called him earlier Friday to inform him of the commutation. Stone was celebrating in Fort Lauderdale, Florida, with conservative friends and said he had to change rooms because there were “too many people opening bottles of Champagne here.” White House press secretary Kayleigh McEnany called Stone a “victim of the Russia Hoax that the Left and its allies in the media.” A commutation does not erase Stone’s felony convictions in the same way a pardon would, but it would protect him from serving prison time as a result. Democrats were angered by Trump’s move, with House Intelligence Committee Chair Adam Schiff calling it “offensive to the rule of law and principles of justice,” and Democratic National Committee Chair Tom Perez asking, “Is there any power Trump won’t abuse?” The action, which Trump had foreshadowed in recent days, reflects his lingering rage over the Russia investigation and is a testament to his conviction that he and his associates were mistreated by agents and prosecutors. His administration has been eager to rewrite the narrative of special counsel Robert Mueller’s Russia investigation, with Trump’s own Justice Department moving in May to dismiss the criminal case against former national security adviser Michael Flynn. Stone told the AP that the president did not mention the statuses of Flynn or his former campaign chairman, Paul Manafort, also ensnared

aSSOCIatEd PrESS FIlE

Roger Stone arrives at federal court in Washington in November 2019. Stone was supposed to serve more than three years in prison for lying to Congress, witness tampering and obstructing a House investigation into Russia collusion.

‘With this commutation, Trump makes clear that there are two systems of justice in America: one for his criminal friends, and one for everyone else.’ REP. ADAM SCHIFF House Intelligence Committee chairman

in the Russia probe. “What am I going to do now? I am going to work as hard as I can to make sure that Mike Flynn gets final justice,” Stone said. “Mike Flynn is an American war hero and he’s done absolutely nothing wrong.” Stone, for his part, had been open about his desire for a pardon or commutation, appealing for the president’s help and seeking to postpone his surrender date by months after getting a brief extension from the judge. Trump had repeatedly publicly inserted himself into Stone’s case, including just before Stone’s sentencing, when he suggested Stone was being subjected to a different standard than several prominent Democrats. Trump earned a public rebuke from his own attorney general, William Barr, who

said the president’s comments were “making it impossible” for him to do his job. Barr was so incensed that he told people he was considering resigning over the matter. Schiff said the commutation demonstrated the corruption of the Trump administration. “With this commutation, Trump makes clear that there are two systems of justice in America: one for his criminal friends, and one for everyone else,” he said. “Donald Trump, Bill Barr, and all those who enable them pose the gravest of threats to the rule of law.” Stone, a larger-than-life political character who embraced his reputation as a dirty trickster, was the sixth Trump aide or adviser to have been convicted of charges brought as part of Mueller’s investigation into Russian interference in the 2016 election. A longtime Trump friend and informal adviser, Stone had boasted during the campaign that he was in contact with WikiLeaks founder Julian Assange through a trusted intermediary and hinted at inside knowledge of WikiLeaks’ plans to release more than 19,000 emails hacked from the servers of the Democratic National Committee. But Stone denied any wrongdoing and consistently criticized the case against him

as politically motivated. He did not take the stand during his trial, did not speak at his sentencing, and his lawyers did not call any witnesses in his defense. Prosecutors had originally recommended Stone serve seven to nine years in federal prison. But, in a highly unusual move, Barr reversed that decision after a Trump tweet and recommended a more lenient punishment, prompting a mini-revolt inside the Justice Department, with the entire prosecution team resigning from the case. Department officials have vehemently denied Barr was responding to Trump’s criticism and have insisted there was no contact with the White House over the decision. Barr has also pointed out that the judge, in imposing a 40-month sentence, had agreed with him that the original sentencing recommendation was excessive. Barr, who was attorney general during Stone’s trial last fall, has said the prosecution was justified, and the Justice Department did not support Stone’s more recent effort to put off his surrender date. Though the Justice Department raised concerns about the handling of Flynn’s case, including what it said were irregularities about his FBI interview, prosecutors did not point to any similar issues or problems with the Stone prosecution.

Tucker Carlson’s top writer resigns over racist posts BY TIM BALK NEW yOrK daIly NEWS (tNS)

Tucker Carlson’s top writer has resigned after racist online posts he had published under a pseudonym surfaced, CNN reported Friday. Blake Neff posted his bellicose bile on an internet message board awash with bigoted content, according to CNN.

Fox News said the writer for “Tucker Carlson Tonight” quit after CNN contacted Neff to request comment about the posts. As of Friday night, Neff ’s T w i t t e r a n d L i n ke d I n accounts were deactivated. CNN reported that in one post last month, Neff wrote: “Black doods staying inside playing Call of Duty is prob-

ably one of the biggest factors keeping crime down.” In another, he said, “Honestly given how tired black people always claim to be, maybe the real crisis is their lack of sleep,” according to CNN. Fox News didn’t immediately respond to a request for comment from the Daily News. Neff, a Dartmouth College

alum, has emphasized the central role he played writing for Carlson, the outspoken right-wing pundit. “Anything he’s reading off the teleprompter, the first draft was written by me,” Neff once told Dartmouth Alumni Magazine. CNN reported that Neff didn’t respond to its request for comment.

GUARDS: Corrections officers left county employment voluntarily FrOM PaGE a1

After county council agreed to the $3 million settlement on June 23, county Manager David Pedri said he could not comment on individual employee matters, but noted that “a number of LCCF employees who were involved in this incident are no longer employed by LCCF.” It appears that number is four, all of whom left voluntarily, based on county records. According to the June personnel report, Sgt. Richard Stofko resigned on June 4, and Corrections Officer Kimberly Karavitch retired on June 1.

Among the defendants listed in the suit are “Sgt. Stofko” and “C.O. Karavitch.” Another defendant, Francis Hacken, was a captain at the jail at the time of the incident. He was appointed county coroner in October 2019. Defendant David McDermott resigned as a corrections officer on Aug. 2, 2019 — four months before the suit was filed in December 2019 — according to county personnel records. None of the 17 individual defendants was terminated, according to those records. County records do not suggest any connection between the Mackey incident and the

decision of the former jail employees to leave voluntarily. Also, there is no record of any disciplinary action being taken against any of the defendants, though such records are generally considered confidential information concerning personnel.

Settlement and silence Last month’s personnel moves came as the Mackey family’s suit moved quickly toward a settlement, against the backdrop of racial unrest in the nation stemming from the death of George Floyd while in police custody in Minnesota on May 25. Mackey, like Floyd, was

Black. Mackey’s name and image were a part of local Black Lives Matter rallies organized to protest Floyd’s death. On June 2, a post to a Facebook group created to honor Mackey’s memory said a video of the jail incident, showing how Mackey was “murdered,” would be released on June 6 — the two-year anniversary of the incident. On June 5, county council held an executive session at which council members viewed one or more videos that showed the encounter between Mackey and the corrections officers. The video was not released publicly on the anniversary

of the incident. At the June 23 council meeting, county chief solicitor Romilda Crocamo cut off Councilman Walter Griffith as he spoke of council watching the video in executive session. Council voted unanimously to approve the settlement that night. Since then, council members have declined to speak for publication about the video, which has been described in private conversations as “hard to watch.” Attorney Barry Dyller, whose law firm filed the suit on behalf of Mackey’s family, said he suspects the Mackey incident and video played a role in some of the personnel

moves involving jail employees. Dyller said one reason he files suits such as the one brought by Mackey’s family is to “deter future bad acts.” “I hope in the long run there will be better training and accountability and fewer incidents like this,” he said Friday. Hacken did not return an email message seeking comment. Attempts to reach Stofko, Karavitch and McDermott were unsuccessful. Listed phone numbers for them could not be located. Contact the writer: emark@citizensvoice.com 570-821-2117


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FAMILY PLEADS FOR JUSTICE Graphic video of inmate’s death posted online; prompts calls for accountability

SHAHEEN MACKEY

Medico Industries poised to merge with defense contractor

General Dynamics is pursuing acquisition of the business based in Plains Twp. BY ERIC MARK STAFF WRITER

MARK MORAN / STAFF PHOTOGRAPHER

Tatiyanee Mackey, right, the daughter of Shaheen Mackey, pauses to compose herself as she speaks to the media Wednesday afternoon. At left is Chareina Blanding, Shaheen Mackey’s niece.

READ MORE Our opinion: Gov. Wolf, AG Shapiro owe justice to Shaheen Mackey. Page A9

MORE ONLINE Watch the video with this story on our website, www.citizensvoice.com.

BY JAMES HALPIN STAFF WRITER

Surveillance video leaked to social media this week shows the intense struggle that resulted in the death of Shaheen Mackey at the Luzerne County Correctional facility in June 2018 — a fatality that resulted in a $3 million settlement with the county. “Black Lives Matter!!!!!” a Facebook user who identified himself as Nieem Johnson wrote in posting the video. “Stand strong and firm. If you don’t see the brutality and (torture)

of a black man in this video, I don’t know what video you’re watching.” The user did not immediately return a message seeking comment, but attorney Theron Solomon of the Dyller Law Firm, which represented Mackey’s estate in the lawsuit against the county, confirmed the video’s authenticity. Mackey’s children, speaking to the media Wednesday afternoon outside the Wilkes-Barre law firm, said they consented to the release of the video in an effort to get justice for

their father. No charges were ever filed in the case, with Luzerne County District Attorney Stefanie Salavantis clearing all participants of wrongdoing. “The DA justifies what is in the video,” said daughter Tatiyanee Mackey, 20. “You see the video, but you don’t see the crime that’s being committed. How? I don’t know how, because it’s right there. It’s clear. ... Accountability, that’s what we want. Justice.” Please see VIDEO, Page A5

Pedri: Mackey video ‘heartbreaking to watch’

The county manager noted a ‘number of steps’ have been taken since Mackey’s death.

watch” a video that shows a violent encounter in June 2018 involving corrections officers at the county jail and inmate Shaheen Mackey, who died two days later. Pedri issued his statement hours BY ERIC MARK after the video was released publicSTAFF WRITER ly. In a statement issued Wednesday, County and jail officials “have Luzerne County Manager David taken a number of steps” since Pedri said “it was heartbreaking to Mackey’s death to improve training

and medical screening protocols at the jail, Pedri said. On June 23, county council approved a $3 million settlement of a civil rights suit brought against the county by Mackey’s family. Council watched the video during a June 5 executive session. On Wednesday, council members declined to comment on the video at the advice of county chief solicitor

Romilda Crocamo, who noted the litigation is ongoing despite council’s approval of the settlement. A federal judge has not yet approved the settlement agreement. However, council members Walter Griffith and Stephen J. Urban continued to criticize Pedri over the issue. Please see PEDRI, Page A5

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General Dynamics, one of the largest defense contractors in the nation, is pursuing the acquisition of Medico Industries, a Plains Twp.-based manufacturer of heavy equipment and also a national defense contractor. A filing with the Federal Trade Commission, dated July 13, indicates the FTC granted an early termination of a pre-merger waiting period required by federal anti-trust laws. The filing lists the acquiring party as General Dynamics Corporation and the acquired party as Medico Industries, Inc. Neither company has publicly announced a merger or acquisition. Lorenzo Medico, creative director at Medico Industries, declined to comment on Wednesday. A General Dynamics spokesperson referred an inquiry to the company’s home office in Virginia, and provided no information. Medico Industries has been awarded multiple government defense contracts in recent years, according to published reports. In 2013, the U.S. Army awarded Medico a $19.1 million contract to produce projectile gun unit metal parts. General Dynamics is “a global aerospace and defense company” based in Reston, Virginia, according to the company’s website. It is the sixth-largest defense contractor in the world and the fifth-largest in the United States basedon sales,accordingtoa2019 report from CNBC. GeneralDynamicswasranked 92nd on the Fortune 500 list of largest American companies last year. According to the FTC website, requests for early termination of waiting periods “will be granted only after compliance with the rules and if both the Federal Trade Commission and Department of Justice Antitrust Division have completed their review and determined they will not take any enforcement action during the waiting period.”

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Thursday, augusT 6, 2020

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CORONAVIRUS PANDEMIC

School districts go round and round on buses Debate lingers on how to get kids to school safely amid the pandemic. BY MARK SCOLFORO assOCIaTEd PrEss

MarK MOraN / sTaFF PhOTOgraPhEr

Tatiyanee Mackey, left, the daughter of Shaheen Mackey, pauses as she speaks to the media Wednesday afternoon after a video was posted online of her father’s death at the Luzerne County Correctional Facility. Also with Tatiyanee Mackey is Shaheen Mackey’s son, Shaheen Mackey, center, and niece, Chareina Blanding.

VIDEO: DA Salavantis defends decision FrOM PagE a1

Salavantis defended her decision on Wednesday, saying the officers responded appropriately to Mackey’s conduct. “Neither the county’s decision to settle the civil action, nor the video’s release affect the investigation or decision with respect to criminal charges against the corrections officers in this case,” Salavantis said. “It should be noted that not only did our office expend a substantial amount of time and resources doing a full investigation into the incident; the matter was also reviewed by federal authorities.” The 23-minute long video begins with Shaheen Mackey — who was being held at the jail for an alleged violation of a protection-fromabuse order — already strapped into a restraint chair wearing a spit mask, surrounded by at least nine correctional officers and nurses. Officers repeatedly tell Mackey to calm down and comply, and early on urge him to “breathe.” “We’re trying to help you,” said a woman who appears to be a nurse. Throughout the first several minutes of the video, Mackey can be seen straining and heard screaming and crying as correctional officers ask him what drugs he took. “This mother (expletive). He’s strong,” one officer said. “I don’t know what he’s on. Probably meth. When they get pumped on meth they get power like this. Just make sure you

‘Really? Come on. That’s no natural cause. They let him sit in that chair and take his last breath, and they didn’t care. That’s sick.’ TATIYANEE MACKEY

On her father’s death being ruled ‘natural causes’

control that other (expletive) hand.” Shortly after the eightminute mark, the sound of Tasers firing can be heard. “It’s not even affecting him,” one officer said. “It’s doing nothing. He don’t even feel it. There’s no point in utilizing it.” A short time later, someone says, “Make sure he can breathe.” Eventually Mackey goes unresponsive and nurses administer Narcan, a drug that can revive drug overdose patients. According to the lawsuit, Mackey was not under the influence of any drugs. The nurses can then be seen checking Mackey for a pulse. “I need CPR,” one nurse said around the 12:50 mark. Nurses and correctional officers initiated CPR while Mackey is still strapped to the restraint chair until an officer tells them Mackey needs to be removed. Officers get him out of the chair around the 15:10 mark and continue performing CPR while Mackey lies on the floor until the video ends a little after the 23-minute mark. Mackey, 41, of Berwick,

died two days later. The Luzerne County Coroner’s Office listed his cause of death as “myocardial insufficiency due to severe coronary artery disease” and listed the manner of death as “natural causes.” “Really? Come on,” Tatiyanee Mackey said Wednesday. “That’s no natural cause. They let him sit in that chair and take his last breath, and they didn’t care. That’s sick.” T he lawsuit filed in December 2019 alleged correctional officers failed to recognize Mackey was having a seizure. “Instead of treating the situation as the medical emergency that it was, the correctional officers treated Mr. Mackey’s convulsions with more physical force,” said the complaint, which alleged they placed Mackey in a position that restricted his breathing before using Tasers on him “at least 20 more times.” But Salavantis said the incident began with Mackey, who was reported to have “homicidal outbursts,” tearing out his hair and trying to bite and rip out his own fingernails, causing alarm to another inmate. An officer who responded with two medical assistants could not calm him down and lost his radio in the process, prompting Mackey’s cellmate to run to the command center screaming for help, she said. “Unquestionably, the loss of Mr. Mackey is tragic for everyone involved,” Salavantis said. “Whether the episode was caused by the effects of a controlled substance — as initially, but

incorrectly, believed by the officers — or by seizure as was later believed, the officers had a responsibility to attempt to restrain Mr. Mackey before he hurt himself or anyone else or before he could be given medical attention in his agitated state. As a result, we stand by our investigation which revealed no evidence of criminal intent to harm Mr. Mackey or commit any other crime during this episode.” Despite the county’s position that no crime was committed, Luzerne County Council in June approved the $3 million settlement in the civil rights lawsuit with Mackey’s estate. The lawsuit against two healthcare providers — Correct Care Solutions, LLC, and Wellpath, LLC — is still pending. That portion of the suit alleges employees of the companies failed to properly document Mackey’s medical conditions and instead forged his intake paperwork. Mackey’s family vowed Wednesday to continue seeking justice in his name. “The fight continues,” Tatiyanee Mackey said. “The movement will keep going. This is not it.” Shaheen Mackey’s niece, Chareina Blanding, noted that his children are having to grow up without him, knowing his terrible fate. “I loved him. We all loved him,” Blanding said. “He’s not here any more. Well, we’re not going to stop. Because it’s not over. It’s definitely not over.” Contact the writer: jhalpin@citizensvoice.com 570-821-2058

PEDRI: Councilmen place blame on manager FrOM PagE a1

The night council unanimously approved the settlement, Griffith and Urban voted to terminate Pedri as manager, noting that as head of county administration he is ultimately responsible for the actions of county employees.

No other council member supported the motion to fire Pedri. “The county manager is totally responsible for what has gone on under his watch,” Urban said Wednesday. “He is the only one we can make accountable.” Urban said watching the video caused him to vote in

favor of the settlement and added to his concerns about Pedri’s leadership. Griffith said he found the video disturbing and noted “the buck stops with the manager.” In a text message, Pedri said Urban and Griffith’s remarks about his leadership echo

what they said at the June 23 council meeting. “Their statements were dismissed by county council as ridiculous,” Pedri wrote. “I see no need to comment further on their position.” Contact the writer: emark@citizensvoice.com 570-821-2117

HARRISBURG — School districts nationwide puzzling over how to safely educate children during a pandemic have a more immediate challenge — getting 26 million bus-riding students there in the first place. Few challenges are proving to be more daunting than figuring out how to maintain social distance on school buses. A wide array of strate gies have emerged to reduce the health risks but nobody has found a silver bullet. Should students with COVID-19 symptoms be isolated at the front of the school bus? Should bus seats be assigned? Should buses be loaded from the back? Should buses only carry a few students at a time? “The transportation professionals are left with the issue of, OK, you’ve got little Billy at the bus stop. Mom’s not there and he’s got a tem-

perature. That’s a dilemma,” said Steve Simmons, a bus safety expert who used to head pupil transportation for Columbus, Ohio, public schools. “We can’t answer those kinds of questions. I don’t think anybody can.” Simmons, president of the National Association for Pupil Transportation, was part of team of industry and school officials who produced a 70-page report on ways to lower the risk of COVID-19 transmission. Many schools have been surveying parents to determine how many students will take the bus and how many will be privately driven to school. Others are making decisions about bus capacity that involve a tradeoff between safety and affordability. The task force report warned that a 6-foot social distancing regulation “is not financially nor operationally feasible,” and that “current thinking” is that a 72-student capacity bus can accommodate 24 students, or more if family members sit together. Please see BUSES, Page A6

SERVICE: Employers who follow CDC guidelines should have ‘limited liability’ FrOM PagE a3

Cartwright said some states, especially in the South, provide “very little” unemployment benefits. “What the drafters were thinking when they came up with $600 … was keeping people alive in those places. Maybe a different number for different places might have worked.” He said two initiatives address most of the group’s concerns. The Restaurants Act of 2020, which he cosponsored, establishes a $120 billion revitalization fund that restaurants could access for things such as employee benefits, utilities and rent. He also said he is urging the Senate to pass the HEROES Act, which, he said, includes “some important PPP fixes,” extends the prog ram’s covered period through Dec. 31, gives loan forgiveness to employers “who can show an inability to rehire or find similarly qualified employees” before Dec. 31, and authorizes another $10 billion in grants to small businesses with financial losses caused by the pandemic. Cartwright said he and seven Democratic and Republican colleagues wrote a letter to House leadership last week urging them to include relief to the restaurant industry in the next coronavirus response bill.

are getting $600 a week, it’s difficult to ask them to come back to work when they’re getting unemployment — which is about two-thirds of their normal income — and the additional $600. … My own personal opinion? it’s a little too much. It’s almost a disincentive.” Patrick and Bill Nasser, owners of Backyard Ale House in Scranton, said the next round of pandemic funding should include incentives for employees to work rather than collect unemployment benefits. “The extra $600-a-week incentive for employees to stay home has been a challenge,” Bill Nasser said. “We haven’t even been able to fully open our restaurant … because we just can’t staff it.” Nasser also said the government should see to it that employers who follow CDC guidelines such as enforcing m a s k we a r i n g , t a k i n g employee temperatures and installing plexiglass shields have only “limited liability” if an employee contracts COVID-19 while at work and sues them. Jean-Luc Vitiello, owner of Pocono Brewery, called a requirement that bar and restaurant customers order a meal with their alcohol “a hindrance. … Our main sales is wine and beer. Having to, I Contact the writer: would say, force people to eat, smocarsky@citizensvoice.com it deters some people away.” 570-821-2110; @MocarskyCV

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THE CITIZENS’ VOICE

Editorial Thursday, augusT 6, 2020

A9

OUR OPINION

Wolf, Shapiro owe justice to Shaheen Mackey

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he horrific prison surveillance video of Shaheen Mackey’s mistreatment by guards at the Luzerne County Correctional Facility calls out for a state investigation into his death. If the county government was hoping this case would disappear after a $3 million settlement with Mackey’s family and a decision by District Attorney Stefanie Salavantis not to prosecute, the video released Wednesday with the consent of Mackey’s family should thwart those hopes. Mackey was in custody on charges that he violated a protection-from-abuse order. His family’s lawsuit alleges prison officials and healthcare contractors failed to document his medical history, which included epilepsy, and wrongly interpreted a seizure as resistance fueled bywhattheybelieved tobe drug use. In 23 harrowing minutes, the video shows Mackey restrained in a chair, fitted with a spit guard, tased and surrounded by at least eight imposing and struggling guards, some cursing, others insisting that Mackey has taken drugs and urging him not to resist. Thelasthalf of thevideoshowsguardsandmedical workers desperately trying to revive Mackey with CPR after they realize he has gone into cardiac arrest. On Wednesday, Mackey’s children asked how Salavantis could find no grounds for charges after viewingthevideoandthatisavalidquestion.County prosecutors routinely refer cases against local law enforcement to the state to avoid a conflict and she should have done so in this case. In June, after the county council approved the $3 million settlement, which is still awaiting court approval, the state Attorney General’s Office said it would not consider reopening the case, although state law would allow it to seek a court order to pursue its own investigation. StateAttorneyGeneralJoshShapiroshouldview thisvideoandthenreviewhisoffice’sdecision.If he won’t, then Gov. Tom Wolf should step in, much as Colorado’s governor did in the case of Elijah McClain, who died in 2019 after being subdued by police and injected with a sedative. The video clearly shows that Shaheen Mackey’s name belongs with McClain’s, George Floyd’s, BreonnaTaylor’s and PhilandoCastile’sonthe too-long list of Black Americans who have died unjustly at the hands of law enforcement. Likethem,Mackeydeservesjustice,thejusticehe has been denied by officials in Luzerne County. Gov.Wolf andAttorneyGeneralShapiro,actnow.

YOUR OPINION Election to determine America’s future Editor: Election Day is drawing nearer each day. There are two options we, the American citizens, will vote for. First, the Republican Party is for defending out rights and freedoms under the U.S. Constitution and Bill of Rights. Our economy was the best in the world, unemployment was the lowest ever for all Americans, businesses were thriving and “running on all cylinders,” employing millions, and the stock market broke all kinds of records. Remember? Then this COVID-19 virus came upon the whole world, which started in China and the communist leaders swept it under their “secretive rug,” not warning any nation to what they knew about its ability to infect and kill millions worldwide. Or we have the second choice of the Democratic Party. It’s been taken over by the “far-left” members and their views are of a “socialistic, Marxist” government.

Defunding police departments and ICE is on their agenda. There will be more lawlessness, more riots and more destruction everywhere. Your vote will determine what “road” we’re headed in. Henry H. Hess WILKES-BARRE

We will support fair journalism Editor: It behooves me to comment on the “journalism” as related on the July 12, editorial page (“Support bill to help local journalism survive”). You stated there is a need for our legislators to support the dwindling newspaper “market.” Essentially, you are asking taxpayers, via tax credits, to subsidize a business that is losing subscribers at an alarming rate. Figures attest to the fact that our citizens are becoming aware of our everyday events in our country and world. Longterm this could have a very alarming effect on our government as we know it today. However, in journalism, there is a need for honesty and fairness. Sadly, your

newspaper at times does not adhere to those guidelines. To my point, you have conveyed multiple times the image and status of President Trump in negative ways, for example, portraying him on a stimulus check with a reference to his campaign. Let’s be fair. I have not yet seen Mr. Biden in a negative way regarding his comments and behavior. I believe they are newsworthy. Remember, you are asking all taxpayers to come to your support. Dan Wisnieski SHAVERTOWN

Save the Planters Peanut building Editor: I am writing to you in regards to the Planters Peanut building on South Main street in Wilkes-Barre and would like to see something done to preserve this piece of our local history. Planters Peanuts was actually founded in Wilkes-Barre in 1906 by Amedeo Obici. I am concerned it will go the way of other historical buildings in this area. I recently

spoke to Wilkes-Barre councilman Tony Brooks about the Planters Peanut building. He informed me the owner would donate the building to the Wilkes Barre Preservation Society for no charge, but Councilman Brooks said that they lack the finances to restore the building. Also there is a two-year window to do this, because after two years, it goes up for s a l e. I wo n d e r i f o u r local,state, and federal officials would be able to secure funds or even contact the current corporate entity that controls the Planter Peanuts brand name and inform them of this historically significant situation before it goes the way of other historical buildings in WilkesBarre. If this building comes down, then down comes this part of Wilkes-Barre’s history. In closing, I would like to give a special thanks to the Wilkes-Barre Preservation Society in their effort to save Wilkes-Barre’s history. Jack Morgan HANOVER TWP.

Voting by mail could save lives and American democracy ThE NEW yOrK TIMEs EdITOrIaL BOard

For a man who votes by mail himself, Donald Trump is strangely obsessed with the idea that it is the most dangerous method of casting a ballot. The president was at it again this past week. “Rigged Election,” he tweeted of New York’s well-publicized struggles with counting mail-in votes. “Same thing would happen, but on massive scale, with USA.” Voting by mail is a “catastrophic disaster,” he later said, “an easy way for foreign countries to enter the race.” Any election conducted by mail wouldbe“INACCURATEAND FRAUDULENT.” Finally, the hammer: “Delay the Election until people can properly, securely and safely vote???” In a word,Mr. President: No. The election will not be delayed — because the president can’t legally delay it. Its date is set by federal law, as is the date on which the presidential electors must cast their ballots. Then there’s the backstop of Inauguration Day, set by the Constitution asJan.20. Trump says things like this often enough that it can be easy to brush him off. He even claimed that the 2016 election, which he won, was rigged. But the president’s words, however misleading, carry weight. So it is necessary to say it again: Especially in the midst of a rag-

ing pandemic, voting by mail is the surest path to a more inclusive, more accurate and more secure election. Thegoodnewsisthattheprimary season gave states a chance to run their elections with far more mail-in ballots than usual, and in many places the system worked well. But thereweremultiplehigh-profile examples of mail voting gone wrong. In Wisconsin, thousands of absentee ballots were requested and never received. In New Jersey, 10% of mail ballots were thrown out for arriving too late or for being otherwisedeficient.InPennsylvania, tens of thousands of absentee votes were either not cast or not counted, especially among voters who requested their absenteeballots closer to the election. Trump and his allies have exploited these bungles to the hilt, claiming that they reveal how dangerous it is to vote by mail. Ignore them. Voting by mail — or absentee voting, whichTrumppretendsissomething different even though it isn’t — has risks like any other method, but overall it is safe and accurate. So safe and accurate, in fact, that in five states most or all voters use it, and in three other states more than half do. In those states, elections go off without a hitch. That’s why as soon as the pandemic hit, it was clear that expandingaccesstomailvoting across the country would be

essentialfortheNovemberelection to succeed. Voting experts pleaded with Congress to supply the necessary funds to help states with less experience in processing absentee ballots. More than four months later, only a fraction of that money has been handed out. As Congress battles over the latest stimulus bill, it’s not clear if anymoreisontheway.Thisisa dereliction of Congress’ duty to ensure the functioning of American democracy. The American people need to be able to vote in the Novemberelection,andtheyneedtobe abletotrusttheoutcomeof that vote. What can be done over the next three months to make the process as accessible, accurate and secure as possible? Here are three relatively straightforwardtasks. First, aggressively counter misinformation about mail voting, which continues to be spread not just by Trump but also by top members of his administration. Last Tuesday, Attorney General William Barr testified in Congress that he believed mail voting on a large scale presenteda“highrisk”formassivevoter fraud. As Barr well knows, voter fraud is rare and is virtually nonexistent in the states where most or all voters cast their ballotsby mail. The problem is that many people in the Republican Party

THE CITIZENS’ VOICE

James Lewandowski Chief Executive Officer Donald Farley President & Publisher

Larry Holeva Executive Editor Dave Janoski Managing Editor

areconvincedof itsownunpopularity: Some openly admit their belief that when more people vote, Republicans are more likely to lose. In March, Trumpcomplainedaboutaproposal by House Democrats to expand access to the ballot. “They had levels of voting that, if you ever agreed to it, you’d neverhaveaRepublicanelected in this country again,” he said. It’s true that mail voting increases turnout, particularly among groups that tend not to vote, like young people. Colorado saw a turnout increase of 9% when it switched to all-mail voting, and the increase was nearly double that among young voters. Republicans may be thinking about numbers like these when they rail against mail voting. But the turnout increases from mail voting don’t appear tochange the results. Therealreasontomakemail voting widely accessible isn’t to help one party or another — it’s to help the American people participate in their own democracy as fully as possible. That’s why voters of both parties like it so much, which may be the best evidence of all that it has nobuilt-in partisan bias. Second, public officials must educate voters. In 2016, nearly 1 in 4 voters cast their ballots by mail. Still, voting by mail remains a novelty for most Americans, who are used to walking into their poll-

Mark Altavilla advertising director Joe Nealon Circulation director

ing place on Election Day, registering their vote and handing their ballot to another human — or at least feeding it into a scanner. It’s understandable that people would be wary of or confused by a new method. That’s why public education efforts will be critical over the next few months. State and localofficialsneedtoexplain,in clear and simple terms, when and how to request an absentee ballot and how to fill one out, sign it and send it back. This will make the process more secure and also reduce the number of ballots rejected because they weren’t properly filled out or signed. When ballots are rejected, states must give voters a fair opportunity to fix anyerrors. Of course, all the education in the world won’t help if ballots are rejected or uncounted through no fault of the voter — say,becausemailbackupsdelay their arrival. By one estimate, as many as 4% of all mail ballots went uncounted in 2016. At a minimum, states that don’t already accept ballots that arrive after Election Day must update their election laws and rules to do so. Whether they allow for a week or 10 days, the window needs to be long enough to account for delays in mail handling and postmark mix-upsthatledtothedumping of so many absentee ballots in New York’s primary. (The postmaster general, a Trump donor

named Louis DeJoy, is making matters worse by slashing overtime and slowing the delivery of regular mail. Perhaps not coincidentally,Trumphasstarted insisting that a winner be called on election night itself and not a moment later.) The crush on the Postal Service will be real, and it can be eased by providing more places for voters to drop off their ballots in person — like dedicated drop boxes, which are popular in Colorado. The pressure on election workers to process all those extra mail ballots can be alleviated by hiring more of them, payingthemadecentwageand, critically, reminding voters not to get antsy when final results aren’t immediately clear. Counting absentee ballots can taketime.That’s not fraud. Third, officials need to ensure that in-person voting is safe and available for those who either do not receive a mail ballot or are not comfortable voting that way. This is made more difficult because many polling places are being shut down for public health reasons, and thousands of poll workers — many of whom are older and at increased risk for severe illness — are declining to volunteer. That’s all the more reason to hire more (and younger) poll workers and to provide large spaces where voters can stay socially distanced.

LETTER GUIDELINES Letters to the editor must include the author’s name and town of residence for publication, and a daytime telephone number for confirmation. Letters must be 300 words or fewer and are subject to editing. Mail: your Voice, The Citizens’ Voice, 75 N. Washington st., Wilkes-Barre, Pa 18701 Email: yourvoice@citizensvoice.com Fax: 570-821-2247


THE CITIZENS’ VOICE

Editorial Friday, august 14, 2020

OUR OPINION

A9

DA Salavantis, stop blocking probe in the Mackey case

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he only thing preventing an independent state review of Shaheen Mackey’s death is Luzerne County District Attorney Stefanie Salavantis’ refusal to ask for one. Salavantis cleared guards at the county prison of any wrongdoing in the 2018 case and has stood firm despite a community outcry over the release of a harrowing surveillance video of Mackey’s treatment while in county custody. The 23-minute video shows Mackey, apparently suffering a violent seizure, SALAVANTIS forcibly restrained in a chair, fitted with a spit shield and tased while surrounded by nearly a dozen guards before going into cardiac arrest. He was declared dead in a hospital two days later. Despite the county’s agreement to a $3 million settlement with Mackey’s estate, Salavantis has rebuffed any suggestion that she request an independent review by the state Attorney General’s Office. This week, both county Manager David Pedri, who oversees the prison, and the Attorney General’s Office have acknowledged an outside review would be appropriate. But the state maintains it cannot step in without a specific request from Salavantis. State investigators and prosecutors routinely intervene in cases in which county prosecutors believe they have a conflict of interest, most notably when local law enforcement officers or county officials are implicated. Salavantis should have sought that intervention from the beginning in the Mackey case to avoid any question of bias. Now she has a second chance to remove the cloud of suspicion from county government, the county prison and her own office by calling in the Attorney General. If she is confident in the soundness of her investigation and conclusions, she has nothing to fear. Recent events nationwide have led to a wider acknowledgement of bias against Black men like Mackey in our justice system — from the cop on the street to the prosecutor’s office to the courtroom to the prison cell — and Salavantis has a duty to demonstrate that her office did not overlook mistreatment of Mackey at the hands of her fellow county employees. Only an independent review will establish the facts to everyone’s satisfaction. At this point, only Salavantis is standing in the way of one. It is time for her to yield.

YOUR OPINION

Mackey family insisted settlement would not bar release of the video BY BARRY H. DYLLER AND THERON J. SOLOMON guEst COLuMNists

We are the attorneys for the Mackey family. Obviously, there has been extensive media coverage about the death of Shaheen Mackey in the Luzerne County Correctional Facility at the hands of multiple corrections officers. While the civil litigation has been settled and is just awaiting minor logistical details, there has been much misinformation in the media and in the rumor mill. We are writing to set the record straight. We have seen and heard rumors that the video of correctional officers manhandling Mr. Mackey until he died was “leaked.” Let us be clear: there was no leak. This was not a confidential settlement. To their credit, the Mackey family was insistent that they would never settle this case if a condition was that the video of corrections officers’ actions which led to Mr. Mackey’s death would somehow be buried. There was no confidentiality in the settlement agreement. There was no suggestion that the video would be confidential or would not be released to the public. In fact, the Mackey family and we the attorneys were crystal clear: the video would

tHE CitiZENs’ VOiCE FiLE

Tatiyanee Mackey, left, the daughter of Shaheen Mackey, speaks to the media earlier this month. be released so that the public can know what their public servants did. This law fir m insists upon accountability for the bad acts of government officials. It is not enough that money changed hands. Accountability by government officials is essential to the proper functioning of our government. The fact that multiple government officials falsely suggested that the video was to remain confidential and that it was “leaked,” speaks of a terrible culture of secrecy.

We understand that government and jail officials wished to cover up their role in Mr. Mackey’s death. It will not happen on our watch. In our daily life, when we make small mistakes, we all know that it is right to own up to our mistakes and apologize. Our government and its officials, having made a gigantic mistake — if it was indeed a mistake — leading to the death of someone in their care, custody and control, should also own up and apologize.

There should never be confidentiality or secrecy surrounding government misconduct. Again, let us set the record straight. There was no leak. The Mackey family intentionally released the video so that the citizens of Luzerne County and the country can b e a r w i t n e s s t o wh a t Luzerne County correctional officials did that led to Mr. Mackey’s death. BARRY H. DYLLER is a partner and THERON J. SOLOMON is an associate with the dyller Law Firm, Wilkes-Barre.

Trump confesses to voter suppression by taking aim at USPS President Donald Trump has admitted to intentional voter suppression. The Post reports, “President Trump said Thursday that he does not want to fund the U.S. Postal Service because Democrats are seeking to expand mail-in voting during the coronavirus pandemic, making explicit the reason he has declined to approve $25 billion in emergency funding for the cashstrapped agency.” There is no nuance, no joke. Republicans are firmly opposing free and fair elections — unless they do something about this. Trump and Republicans have been successful in imposing a raft of measures designed to deter voting (voter ID requirements, limits on early voting, closing poll locations in poor areas, purging voter rolls), but they have usually disguised their activities under the bogus heading of “fraud prevention.” Voter fraud is exceptionally rare, whether

JENNIFER RUBIN Commentary

‘If he had served, he’d know veterans rely on the USPS for voting, medication, and employment.’ VOTEVETS

in group’s advertisement

in person or by mail. (In recent cases, such as the attempt at fraud by Republican operatives in North Carolina’s 9th Congressional District, the suspects were caught.) Perhaps Trump forgot that just the other day he was praising voting by mail in Florida. Now, he is apparently content to make it difficult if not impossible for millions of people con-

cerned about their health in the pandemic to vote from home. The irony, of course, is that Republicans are now spooked about absentee ballots and thereby risk losing out when their own voters cannot get to the polls (or face long lines) on Election Day. That is why many state and local Republican groups are pulling their hair out in response to Trump’s antiabsentee vote rhetoric. Asked about Trump’s comments at her news conference on Thursday, House Speaker Nancy Pelosi, D-Calif., said that Trump is “afraid of the American people. He’s been afraid for a while. He knows that on the legit, it’d be hard for him to win. So he wants to put obstacles of participation.” She vowed, “But we do not agonize, we organize.” Trump’s war on the U.S. Postal Service is not just unAmerican and anti-democratic, but foolish. A great many people, including vet-

THE CITIZENS’ VOICE

James Lewandowski Chief Executive Officer Donald Farley President & Publisher

Larry Holeva Executive Editor Dave Janoski Managing Editor

erans and the elderly (especially in r ural areas), depend on mail. VoteVets, a progressive veterans group, put out an ad making this point: “After five draft deferments Donald Trump has finally found a war he wants to fight — against the USPS! “If he had served, he’d know veterans rely on the USPS for voting, medication, and employment. “We take this VERY personally, and so should you,” it posted. Democrats should not shy from hardball here. Why does Trump hate vets and the elderly? Why is Trump afraid of voting? Former vice president Joe Biden and Sen. Kamala Harris, D-Calif., surely can raise the visibility of the issue, since it goes to the heart of the Trump plague. He would rather destroy government or co-opt it than put the interests of the people over his own (getting dirt on an opponent from a foreign

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government, using his office to promote hotels, refusing to protect U.S. troops rather than confront his BFF Vladimir Putin). He would rather shift blame to others or simply lie than use the powers of the federal government to set up a national testing and tracing system to address the pandemic. He would rather endanger children by returning them to classrooms in hopes of improving the economy than spend money, if local conditions require, to have them attend school virtually or through a hybrid system. This is anti-government animus at a whole new level. It is a deliberate scheme to wreck the operation of government so he can stay in power. This is the conduct of tin pot dictators. Other than highlight and condemn Trump’s shenanigans, what can Democrats and other pro-democracy Americans do? First, every Democrat, especially in rural areas or those with a

significant percentage of veterans and elderly voters, should force Republicans to explain why they are complicit in destroying the Postal Service. Second, Democrats need to make an allout push not just for early, in-person voting but also early return of absentee ballots. In addition, most states have an option to drop off absentee ballots at an election location. If seniors or others need help doing this, volunteers must be organized to drive them to dropoff locations. Third, states and localities need to be pressured to create ballot drop boxes in multiple locations, near shopping areas and other accessible places. If the Michael Bloombergs and Tom Steyers are looking for something useful to do, they can blanket the airwaves with a simple message: Vote early — from home or at the polls. JENNIFER RUBIN writes reported opinion for the Washington Post.

LETTER GUIDELINES Letters to the editor must include the author’s name and town of residence for publication, and a daytime telephone number for confirmation. Letters must be 300 words or fewer and are subject to editing. Mail: your Voice, the Citizens’ Voice, 75 N. Washington st., Wilkes-Barre, Pa 18701 Email: yourvoice@citizensvoice.com Fax: 570-821-2247


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FBI confirms review of Mackey case Authorities confirmed the review, but say it is complete so federal charges aren’t likely. BY ERIC MARK STAFF WRITER

The case of Shaheen Mackey’s death following a violent encounter with corrections officers at Luzerne County Correctional Facility in June 2018 was referred to the FBI, federal authorities confirmed Thursday. However, spokespersons for two federal agencies said the case “is

no longer under federal review.” That appears to mean there will be no federal charges lodged against the corrections offiMACKEY cers involved in the altercation, during which Mackey was forcibly restrained and tasered. He died two days later. Mackey’s family claimed in a civil rights suit brought against the county that Mackey had suffered a violent seizure, which led jail personnel to mistakenly think he was on drugs.

County District Attorney Stefanie Salavantis determined in November 2018 that no criminal charges were warranted in the case. After a surveillance video of the jail incident was released three weeks ago, Salavantis stood by her decision to clear the corrections officers. She said she had referred the matter to federal authorities to investigate potential violations of federal law, over which she has no jurisdiction. Salavantis declined to say which federal agency she had contacted. However, spokespersons for both the U.S. Department of Jus-

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Our opinion: County Council must approve an unbiased review of the Mackey case. Page A9 tice and the FBI said Thursday the case had been referred to the FBI. U.S. Attorney David J. Freed issued a brief statement: “We are aware that DA Salavantis requested the FBI to review the matter for any federal violations,” Freed said. “It is our understanding that that referral was made, and the matter is no longer under federal review.”

TRUMP OFFICIALLY ACCEPTS REPUBLICAN RENOMINATION

An FBI spokesperson sent this message, via email: “This matter was referred to the FBI to determine whether a federal violation occurred. After consultation with appropriate personnel within the FBI and Department of Justice, this matter is no longer under federal review.” Salavantis said earlier this month that she would cooperate with any state or federal agency that investigated Mackey’s death. However, it is not clear if any further investigations will be conducted into the matter. Please see MACKEY, Page A5

Hanover Area cancels all fall sports, activities Hanover Area board votes 5-3 to shutter all fall sports and extra curricular activities BY STEVE BENNETT STAFF WRITER

Gathered around the computer in his office at the Hanover Area football stadium, Rickey Hummer and the rest of his staff were cautiously optimistic. The coaches were anxious to hear the school board’s decision on whether or not the 2020 fall sports season would be able to begin. So much so, that while the coaches watched in the office, the football team socially distanced themselves outside hoping for the chance to get out on the field and conduct the

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Wyoming Valley West, Pittston Area will play fall sports. Page B1 first official workout of the season. By 6:30 Thursday night, the gate to the football stadium was shuttered. And it will remain that way for the rest of the year. The board, by a 5-3 vote, elected to shut down all fall sports and extra curricular activities. “I’m very happy with the board decision,” said Hanover Area superintendent Nathan Barrett. “I was very fearful of what the outcome would be. I know the culture of the community is surrounded by sports.” Please see HANOVER, Page A5

ALEX BRANDON / ASSOCIATED PRESS

President Donald Trump speaks from the South Lawn of the White House on the fourth day of the Republican National Convention on Thursday in Washington.

TRUMP LASHES BIDEN

On White House stage, president says voters face clear choice BY JONATHAN LEMIRE, MICHELLE L. PRICE AND KEVIN FREKING ASSOCIATED PRESS

WASHINGTON — Facing a moment fraught with national crises, President Donald Trump accepted his party’s renomination on a massive White House South Lawn stage Thursday night, breaking with tradition by using the executive mansion as a political backdrop and defying pandemic guidelines to address a tightly packed, largely maskless crowd. As troubles churned outside the gates, Trump painted an optimistic vision of America’s future, including an eventual triumph over the coronavirus pandemic that has killed more than 175,000 people, left millions unemployed and rewritten the rules of society. But that brighter horizon can only be secured, Trump asserted, if

he defeats Joe Biden, against whom he unleashed blistering attacks meant to erase the Democrat’s lead in the polls. “We have spent the last four years reversing the damage Joe Biden inflicted over the last 47 years,” Trump said. “At no time before have voters faced a clearer choice between two parties, two visions, two philosophies or two agendas.” Presenting himself as the last barrier protecting an American way of life under siege from radical forces, Trump declared the Democratic agenda as “the most extreme set of proposals ever put forward by a major party nominee.” As his speech brought the scaledback Republican National Convention to a close, Trump risked inflaming a divided nation reeling from a series of calamities, including the pandemic, a major hurricane that slammed into the Gulf Coast and nights of racial unrest and violence after Jacob Blake, a Black man, was

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Toomey praises Trump during stop in Luzerne County. Page A5 shot by a white Wisconsin police officer. He was introduced by his daughter Ivanka, an influential White House adviser, who portrayed the famously bombastic Trump as someone who empathizes with those who have suffered through the pandemic. “I’ve been with my father and seen the pain in his eyes when he receives updates on the lives that have been stolen by this plague,” she said. The president spoke from a setting that was both familiar and controversial. Despite tradition and regulation to not use the White House for purely political events,a huge stage was set up outside the executive mansion, dwarfing the trappings for some of the most impor tant moments of past presidencies. The speaker’s stand was flanked by dozens of American flags and two big video screens.

DAVE SCHERBENCO / STAFF PHOTOGRAPHER

Hanover Area football players walk forlornly back to their cars Thursday after they were told that there would be no fall sports for 2020. ADVE RTISE M E NT

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LOCAL / NATION

Friday, august 28, 2020

tHE CitiZENs' VOiCE A5

HANOVER: Safety behind decision FrOM PagE a1

MarK MOraN / staFF PHOtOgraPHEr

U.S. Sen. Pat Toomey, R-Pa., spoke at the Luzerne County Courthouse in Wilkes-Barre on Thursday urging support of his Blocking Deadly Fentanyl Imports Act.

Toomey touts bill that would crack down on fentanyl imports BY BOB KALINOWSKI staFF WritEr

WILKES-BARRE — While he visited Luzerne County for a press conference Thursday about cracking down on illegal fentanyl imports, U.S. Sen. Pat Toomey said his message needed to be heard by federal lawmakers around the state and nation to save lives. To o m e y v i s i t e d t h e Luzerne County Courthouse to tout legislation that would penalize foreign countries that fail to limit the flow of fentanyl into the United States. “Fentanyl is so, so dangerous,” Toomey said, flanked by area police chiefs and

Luzerne County District Attorney Stefanie Salavantis. “It made the opioid crisis so lethal.” Fentanyl, a synthetic opioid far more deadly than heroin, is increasingly the drug responsible for fatal overdoses, Toomey said. Toomey’s legislation, the Blocking Deadly Fentanyl Imports Act, passed the U.S. Senate as part of the National Defense Authorization Act and now he’s hoping the U.S. House includes it as well so it could be passed on to President Donald Trump. Under the act, the United States would publicly identify countries that are major producers or traffickers of

illicit fentanyl — something the government already does for heroin, marijuana, and cocaine but has not yet done for fentanyl. Fentanyl-exporting countries would then have to criminalize the illicit production of fentanyl and prosecute violators. If countries fail to take these steps, they risk becoming ineligible for certain American taxpayerfunded foreign aid and development loans. China is one of the biggest culprits, the senator said. Toomey said he visited Luzerne County to make the pitch for the legislation because fentanyl overdoses are a big problem here.

Salavantis thanked the senator for continuing to put a spotlight on the problem. “I am always grateful to Senator Toomey. He always pays close attention to our area and Northeastern Pennsylvania because of what he sees going on in our streets and the devastation from these drugs,” Salavantis said. “He’s always been a huge advocate for us and law enforcement for helping protect our residents. So to have him here, to have a press conference about this very important act is just amazing for Luzerne County.”

so much havoc, we had the best economy of my lifetime. We had tremendously low unemployment, record low unemployment for AfricanAmericans, Hispanic-Americans, for young people,” Toomey said. “We had wages growing and they were accelerating. And the wages were growing faster for lower income people. We had more job openings than we had people looking for jobs.” Former Vice President Joe Biden won’t produce the same results, Toomey insisted. “Do you want to go back to those days, which were just a few months ago, or do you want to go back to when Joe Biden was in office and he and President Obama presided over the weakest eco-

nomic recovery since the Great Depression? Which do you want? It shouldn’t’ be a close call,” Toomey said. Toomey’s remarks came just hours before Trump was to deliver his acceptance speech for the Republican nomination from the South Lawn of the White House. Toomey said he was invited to attend, but “I’m just busy in Pennsylvania so I’m not going to be able to be there in person.” In addition to the economy, Trump can win Pennsylvania again if he contrasts his vision on the state’s vast natural gas industry with Biden’s, the senator said. Biden will not be a friend to the industry, which will harm the state’s economy,

Toomey said. Toomey said the president must also continue to call out elected Democrats for refusing to stop lawlessness and rioting in the streets of American cities. “Rioting is allowed to run rampant. That’s just crazy. The president is going to stand up to that,” Toomey said. Toomey, who did not publicly support Trump prior to the 2016 election, said he’s behind him this time. “I’m supporting the president and if the president and his campaign team ask me to campaign for them, then I will do so,” Toomey said.

But due to the uncertainties surrounding the coronavirus pandemic, Barrett had his hesitations about sending student-athletes within the district out to compete against other schools. “We spend all this money every single year to protect our kids,” Barrett said. “We have a security system in our building. We have metal detection. We regularly schedule drills with the thought process of keeping our students safe. Yet the consideration was to voluntarily send kids into dangerous situations. That was never sitting well with me. I hope that folks understand where my mind is when I was making that recommendation.” The motion on the agenda was to suspend all fall sports and co-curriculars. Once the motion was made and received a second, board members Stacy Bleich, Vic Kopko, Michael Mazur, Joyce Potsko and Matthew Redick voted yes in favor of the shut down. Paul Holmgren, John Mahle and Richard Stevens voted against shutting down fall sports and extracurricular activities. Board member Frank Ciavarella was not present for the meeting, which was held via the Zoom virtual platform. “If we are not safe enough to be in school, we’re not safe enough to participate in extra curricular activities,” Barrett said. After hearing the board’s decision, Hummer and his staff exited his office and headed out to the area where the players congregated in

daVE sCHErBENCO / staFF PHOtOgraPHEr

Hanover Area Football Stadium was shuttered Thursday after the announcement there would be no fall sports for 2020. anticipation of getting the chance to prepare for a practice. Instead, just by the look on his face, the Hawkeyes were well aware the news he was going to be delivering was not good. So rather than settle in for the first workout of the season, those players took the long walk up the hill, backpacks over shoulders and carrying their water bottles, knowing there will not be a 2020 football season. “I’m deeply saddened by the school board vote,” Hummer said. “They didn’t give the kids a chance. We have done everything correctly, we would have continued to do everything correctly. I feel bad for all the seniors and I feel bad for all the other fall sports and extra-curricular activities. We didn’t get a chance to prove we could do this. It’s unfortunate.” Contact the writer: sbennett@citizensvoice.com 570 821-2062 @CVsteveBennett

Contact the writer: bkalinowski@citizensvoice.com 570-821-2055; @cvbobkal

MACKEY: Council In local visit, Toomey advocates for Trump divided on review BY BOB KALINOWSKI staFF WritEr

WILKES-BARRE — U.S. Sen. Pat Toomey thinks President Donald Trump deserves four more years and will campaign for him if asked. Toomey praised Trump’s record in office when asked by reporters following a news conference Thursday at the Luzer ne County Courthouse about legislation to block illegal fentanyl imports. The senator said the Trump economy was booming until the COVID-19 pandemic hit and he expects Pennsylvania voters will remember that come November. “Before COVID-19 came out of nowhere and wreaked

Contact the writer: bkalinowski@citizensvoice.com 570-821-2055; @cvbobkal

FrOM PagE a1

eral’s office said the office cannot investigate without a referral from the district attorney. The press office of Gov. Tom Wolf has not replied to messages asking if Wolf would consider stepping in to order a state investigation. An apparent precedent for that happened in June in Colorado. Gov. Jared Polis designated Colorado’s attorney general as a special prosecutor in the case of Elijah McClain, who died after being stopped by police as he walked home in the city of Aurora last year. County prosecutors had determined no charges should be filed in the case.

County Manager David Pedri has proposed that the county hire national law firm Troutman Pepper to conduct a review of procedures and protocols at the jail, based on the Mackey incident. County council members are divided over whether to support the proposed review. Council will likely vote on the proposal on Sept. 8. Salavantis has declined to refer the case to the state attorney general’s office. She has said repeatedly that her office had sufficient resources to investigate and did not have a conflict, so there are no grounds to refer the case to the state. Contact the writer: The communications emark@citizensvoice.com, 570director for the attorney gen- 821-2117

RNC: Trump portrays opponent as a tool of the radical left FrOM PagE a1

Trying to run as an insurgent as well as incumbent, Trump rarely includes calls for unity, even in a time of national uncertainty. He has repeatedly, if not always effectively, tried to portray Biden — who is considered a moderate Democrat — as a tool of the radical left, fringe forces he has claimed don’t love their country. The Republicans claim that the violence that has erupted in Kenosha and some other American cities is to be blamed on Democratic governors and mayors. Vice President Mike Pence on Wednes-

EVaN VuCCi / assOCiatEd PrEss

Ivanka Trump arrives to introduce President Donald Trump from the South Lawn of the White House on the fourth day of the Republican National Convention on Thursday in Washington. day said that Americans from his predecessor in the wouldn’t be safe in “Joe post. Biden’s America.” “The problem we have right That drew a stern rebuke now is that we are in Donald

Trump’s America,” said Biden on MSNBC. “He views this as a political benefit to him, he is rooting for more violence not less. He is pouring gasoline on the fire.” Both parties are watching with uncertainty the developments in Wisconsin and cities across the nation with Republicans leaning hard on support for law and order — with no words offered for Black victims of police violence — while falsely claiming that Biden has not condemned the lawlessness. Rudy Giuliani, Trump’s personal attorney and New York City’s former mayor, declared that Democrats’ “silence was so deafen-

ing that it reveals an acceptance of this violence because they will accept anything they hope will defeat President Donald Trump.” Though some of the speakers, unlike on previous nights, offered notes of sympathy to the families of Black men killed by police, Giuliani also took aim at the Black Lives Matter movement, suggesting that it, along with ANTIFA, was part of the extremist voices pushing Biden to “execute their pro-criminal, anti-police policies” and had “hijacked the protests into vicious, brutal riots.” Some demonstrations took to Washington’s streets Thurs-

Local GOP delegates enjoy their time in Washington, D.C. BY ROBERT TOMKAVAGE staFF WritEr

Lynette Villano had an enjoyable day in Washington, D.C., on Thursday, and that was before the final night of the Republican National Convention even began. Villano, 74, of West Pittston and Doug Miller, 30, of Avoca, were invited by President Donald Trump to visit the White House and watch him accept the Republican nomination. The Republican delegates connected with other Trump fans while enjoying an out-

ette Park before making their Miller is also confident called the “China virus.” way to the White House. President Trump will be able “He built it up once before, Miller was excited to hear to help the county rebound he’ll build it up once again,” President Trump tout his from the effects of what he Miller said. successes and provide a glimpse into his future plans. VILLANO MILLER “He has done an incredible door breakfast Thursday. job and followed through on “It seems like supporters everything he said he’d do,” attract each other,” Villano Miller said. said. “We met a gentleman from Michigan and a couple ALL JUNK CARS & from North Dakota. We took TRUCKS WANTED pictures and had a nice conHighest Prices Paid In Cash! versation.” Miller and Villano also took a walk through LafayClick on GOT JUNK? for details

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day night, ahead of a march planned for the next day. New fencing set up along the White House perimeter was to keep the protesters at bay, but some of their shouts and car horns were clearly audible on the South Lawn where more than 1,500 people gathered.

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THE CITIZENS’ VOICE

Editorial Friday, august 28, 2020

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OUR OPINION

Council must approve an unbiased review of the Mackey case

A

s of yet, there is no consensus on the Luzerne County Council over a proposal to hire a national law firm to review the county prison’s treatment of Shaheen Mackey, an inmate who died in 2018 after being strapped in a restraint chair and tased during an apparent seizure. The council is scheduled to vote on County Manager David Pedri’s proposal for such a review on Sept. 8 and several council members have raised concerns about the nature of the investigation, its cost and its aims. All of those are proper and pertinent questions. But it is disheartening to hear some council members reject the very need for an outside review. The circumstances surrounding Mackey’s death raise serious issues about prison procedures, officer training and bias against Black inmates. With District Attorney Stefanie Salavantis, who cleared guards of criminal wrongdoing, unwilling to request a review of her investigation by state prosecutors, Pedri’s proposal presents the only opportunity for a thorough examination untainted by possible conflicts of interest. In the past, Pedri has touted supposed policy changes at the prison that sprang from an internal review as a sufficient response to Mackey’s death. Undoubtedly he and other county officials would have preferred to maintain control of the narrative in this case. But the recent release by the Mackey family of a shocking surveillance video documenting his treatment at the prison revealed how little the public can trust the county to police its own. An unbiased, independent review of this case is essential to reassure county residents that the corrections officials acting in their name are treating inmates humanely. The council must act to hold the county administration and the prison staff accountable and vote to approve a review on Sept. 8.

GUEST COMMENTARY

EMS workers ignored in Wolf’s COVID-19 hazard pay program BY DEAN A. BOLLENDORF guEst WritEr

On July 30, 2020, Gov. Wolf and Secretary of Health Levine visited the Millersville location of Lancaster EMS to laud the response of the Commonwealth’s EMS providers during the COVID-19 pandemic. “During the pandemic, our emergency responders have become more important than ever,” Gov. Wolf said. “They have been out on the front lines of this fight, helping attend to COVID-19 patients in their most dire time of need. They have had to adapt their practices to keep themselves and their patients safe, all while continuing to serve as a lifeline to their communities and support the health care system.” While the visit and remarks at that time was

appreciated, it is the actions of the Governor’s Administration and the General Assembly of this Commonwealth that prove that the essential frontline EMS providers in this war on the pandemic are merely political talking points. The latest frustration to addressing the financial, physical and emotional concerns facing EMS providers daily was the failure of the Department of Community and Economic Development to award any grants to EMS agencies who applied under the Governor’s Hazard Pay Grant Program. ■ EMS providers are essential workers who are the frontline of this pandemic ■ EMS providers face the highest exposure to asymptomatic, presumptive and positive COVID-19 patients on

every call, every day ■ EMS providers have contracted COVID-19 and several in this Commonwealth have died ■ EMS providers are some of the lowest-paid healthcare workers fighting this pandemic ■ EMS Agencies have struggled financially from lost revenue, daily increased PPE costs and increased payroll costs The Hazard Pay Grant was an opportunity to help EMS agencies compensate our EMS providers for the daily physical and emotional toll of fighting this pandemic. EMS providers do not only treat COVID-19 and other patients but are an essential keystone in preventing the spread of the virus to other patients and the hospital system through proper infec-

tious control procedure and relentless sanitization. It is time for the governor and the general assembly to heed our war nings and address the financial, physical and emotional concerns facing EMS providers and EMS agencies in this Commonwealth. Efforts to prevent the failure of our entire EMS system should be the main concern of local and state government. Emergency Medical Services, the healthcare safety net and first line of defense in the treatment and prevention of the spread of COVID-19, deserves the financial support of the governor and the General Assembly. We are continually responding and constantly forgotten. Dean A. Bollendorf is President of the ambulance association of Pennsylvania.

For Black athletes, social unrest is not a game BY JERRY BREWER tHE WasHiNgtON POst

For all its stealthy might, the novel coronavirus didn’t burst the NBA bubble. Police brutality did. Racism did. Heartless disregard for Black lives did. This is not a game; this is our reality. Our fear. Our pain. Our helplessness. And so there can be no games. Basketball players — and all sports figures — are not toy entertainers, America. They do not exist in some imaginary world that can be turned on and off. There is no place for them to be stored away when inconvenient. They are people — part athlete, all human. To be Black and human is to know society can separate the former and dismiss the latter. On Wednesday, professional sports in the United States — led by the NBA and including the WNBA and Major League Baseball — experienced a historic protest. It was not because rich players are the angry and ungrateful people that some unconcerned Americans portray them to be. Starting with the Milwaukee Bucks, six NBA teams stopped dribbling because too many fellow citizens would rather they shut up and watch a man get shot in the back without feeling a sense of desperation. Black people — in this case, NBA players — have tried restraint. They have pleaded for justice. They have

asHLEy LaNdis / assOCiatEd PrEss

Milwaukee Bucks signage is displayed on screens beside an empty court on Wednesday in Lake Buena Vista, Fla. made appeals to the logic, morality and decency of others. Following the example of former NFL quarterback Colin Kaepernick, they have gotten on one knee, as prayerful as they are defiant, and made themselves vulnerable before a scrutinizing nation and its flag. They do it not for trouble but for the attention of an otherwise unresponsive cluster of White America. Still, they wake up and see video of police in Kenosha, Wis., shooting Jacob Blake seven times in the back while his children were present. Blake is paralyzed and still fighting for his life. In some twisted way, that makes him luckier than George Floyd, Breonna Taylor and every other Black person that

police across the country have killed so coldly. NBA players made a bold move Wednesday, and we’ll see what it means for the rest of the postseason and for the continuation of all sports. It is a tenuous time, and it should be. It seems you can use science and bubbles and pricey health measures to ward off the coronavirus, at least for a while. You cannot make Black people feel safe. It is impossible to do so without reinventing various American systems and approaches to policing. Ponder how demoralizing that feels. Imagine the anguish. From that perspective, you should understand the NBA is not coming from a place of pure audacity. The

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players see no other way to make people feel this pain and this urgency. “We’re tired of the killings and the injustice,” Milwaukee guard George Hill told Marc Spears of ESPN’s the Undefeated. They stopped playing because it is the most powerful thing they can do to express the seriousness of the problem. It should not be their burden. They have no power to change laws. Not many Black people do. There are not enough compassionate lawmakers of any race, apparently. But they do have the ability to get the attention of millions. Even if it means hurting the game they love and possibly triggering a catastrophe of financial and public support, they are willing to assume the risks. Why? Because human ingenuity can insulate them from a virus that has killed nearly 180,000 Americans. But there is not enough human decency to create a bubble effective against racism. Before restarting the season in late July, players grew worried that their return would be a distraction from the Black Lives Matter movement and all efforts to fight racial inequality. They felt it was wrong of them to leave behind the protesters in the streets and travel to a Disney campus to focus on basketball and help viewers escape from the grief and depression of

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2020. They decided to come and compete with a caveat: Social justice must be at the center of the discussion. But they have encountered a heartbreaking reality: They can put messages on jerseys; write Black Lives Matter on the courts; and articulate the most incisive comments about race, sports and equality. Still, despite their determination and popularity, their impact is limited. “It’s amazing why we keep loving this country, and this country does not love us back,” Los Angeles Clippers Coach Doc Rivers said, trying to hold back tears. “It’s really so sad. Like, I should just be a coach. I’m so often reminded of my color. It’s just really sad. We got to do better. But we got to demand better.” I’ve known Rivers, the son of a police officer, for almost 20 years. He is a paragon of professionalism, reason and restraint. An arsonist once burned down his house in San Antonio in what was believed to be an act of racial hatred. He had to guide the Clippers through Donald Sterling’s bigotry. But he has always lived by the demand of his late father, Grady Rivers: “You’re never going to be a victim. I’m not going to let you be.” I remember just two times when sadness has brought Rivers to tears. Both came this year: In reaction to Kobe Bryant’s death, and as he tried to make sense of anoth-

er police shooting. “It’s funny,” he said. “We protest. They send riot guards. They send people in riot outfits. They go up to Michigan with guns. They’re spitting on cops. Nothing happens.” He continued, eyes welling with tears: “That video, if you watch that video, you don’t need to be Black to be outraged. You need to be American and outraged. How dare the Republicans talk about fear. We’re the ones that need to be scared. We’re the ones having to talk to every Black child. What White father has to give his son a talk about being careful if you get pulled over? It’s just ridiculous. It just keeps going. There’s no charges. Breonna Taylor, no charges, nothing. All we’re asking is you live up to the Constitution. That’s all we’re asking for everybody, for everyone.” Many will focus on the defiance of refusing to work, as if the players are children protesting bedtime. I see sorrow, spiritual poverty and an inability to separate profession and skin color. This is a plea using more vulnerability than kneeling. And this is the last method of restraint that players — raging yet exhausted on the inside — have in their arsenal of civil disobedience. If you find these cries unpleasant, you are really going to dislike what remains after restraint.

LETTER GUIDELINES Letters to the editor must include the author’s name and town of residence for publication, and a daytime telephone number for confirmation. Letters must be 300 words or fewer and are subject to editing. Mail: your Voice, the Citizens’ Voice, 75 N. Washington st., Wilkes-Barre, Pa 18701 Email: yourvoice@citizensvoice.com Fax: 570-821-2247


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Trump on virus: I wanted to play it down

FAN SERVICE Will fans be allowed at high school games? Legislature, Gov. Wolf differ

Book reveals that in private, president expressed alarm about COVID-19. BY KEVIN FREKING AND ZEKE MILLER ASSOCIATED PRESS

receive about $213,000, while Mackey’s sister, Rasheda Hammonds, will receive $68,000 for administering the estate. The Dyller law firm will receive $1.2 million for legal fees under the settlement.

WASHINGTON — President Donald Trump talked in private about the “deadly” coronavirus last February, even as he was declaring to America it was no worse than the flu and insisting it was under control, according to TRUMP a new book by journalist Bob Woodward. Trump said Wednesday he was just being a “cheerleader” for the nation and trying to keep everyone calm. His public rhetoric, Trump told Woodward in March, was part of a strategy to deliberately minimize the danger. “I wanted to always play it down,” the president said. “I still like playing it down because I don’t want to create a panic.” Trump, according to the book, acknowledged being alarmed by the virus, even as he was telling the nation that it would swiftly disappear. Coming less than eight weeks before Election Day, the revelations in the book — accompanied by recordings Woodward made of his interviews with Trump — provide an unwelcome return of public attention to the president’s handling of the pandemic that has so far killed about 190,000 Americans. He is currently pushing hard for a resumption of normal activity and trying to project strength and control to bolster his political position in

Please see MACKEY, Page A4

Please see TRUMP, Page A4

THE CITIZENS’ VOICE FILE

A Wyoming Area fan holds up a sign during the 3A state championship title game between Wyoming Area and Central Valley at Hersheypark Stadium in December. BY MATT BUFANO STAFF WRITER

Will they or won’t they? The saga regarding spectators at high school sporting events took a few new turns Wednesday, when the state Senate passed House Bill 2787, which Gov. Tom Wolf later said he plans to veto. The bill, which passed by a 39-11 vote, would give individual school districts the sole authority in determining how to conduct contests,

including setting limits and safety protocols for spectators. “There is no logical reason to take decisions about the sports and activities portion of our children’s education experience out of local hands,” wrote state Rep. Mike Reese, R-Westmoreland County, who sponsored the bill. “The governor should sign the bill and let our school boards, school administrators, parents and students make the best choices for their districts.”

Wolf, a Democrat, plans to veto the bill, according to spokesperson Lyndsay Kensinger. Wolf ’s veto is not necessarily where it ends. The General Assembly passed the bill with enough bipartisan support to override a veto. In addition to the Senate vote, it passed, 155-47, in the House. Overriding Wolf ’s veto requires two-thirds majority in each chamber.

‘The governor should sign the bill and let our school boards, school administrators, parents and students make the best choices for their districts.’

Please see FANS, Page A4

R-Westmoreland County

REP. MIKE REESE

Judge OKs $3M settlement in Mackey death BY JAMES HALPIN STAFF WRITER

A federal judge on Wednesday approved a $3 million settlement between Luzerne County and the estate of Shaheen Mackey. Magistrate Judge Karoline Mehalchick ordered that each of eight children will receive an equal share

Inside today Business . . . . C1 Horoscope . . C3 Classified C4-12 Lottery . . . . . . A2 Court notes. . A6 Obits . . . . .A10-11 Crossword. . . C2 Sports . . . . . B1-6 Editorial . . . . . A9 World/Nation A8

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of the settlement over the death of M a c k e y, who died after being forcibly MACKEY restrained by officers at the Luzerne County Correctional Facility on June 6, 2018.

NEPA’s summer was one of the hottest on record

With average high of 78 degrees, July was NEPA’s hottest month ever. BY DAVID SINGLETON STAFF WRITER

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“It’s a substantial settleEDITORIAL ment and it’s been a very difficult road for the family,” OUR OPINION: Does Mackey’s life matter to said Wilkes-Barre attorney Luzerne County? Barry Dyller, whose Dyller Page A9 Law Firm represented Mackey’s family. “There is relief to have this behind them. There’s also sadness because Under ter ms of the no matter what, nothing approved settlement, each of brings back Mr. Mackey.” Mackey’s eight children will

The summer of 2020 in Northeast Pennsylvania will be remembered for a hot June and a hotter August sandwiched around a positively scorching July. It stacked up to make the second warmest summer

on record locally. “It was definitely an interesting and rather hot summer,” Michael Murphy, a meterologist with the National Weather Service office in Binghamton, New York, said in an email. The average temperature at the Wilkes-Barre/Scranton International Airport for June, July and August was 74.1 degrees, almost 5 degrees above normal. In 120 years of recordkeeping, only the summer

of 2005 has been warmer, with an average temperature of 74.5 degrees, Murphy said. Some ot her summer highlights: n With an average temperature of 78 degrees — 6.6 degrees above normal — July was the hottest month ever in Northeast Pennsylvania. The old mark was 77.4 degrees in July 1955. Please see HOT, Page A4

SEAN MCKEAG / STAFF PHOTOGRAPHER

Jack Dadurka, 8, of Forty Fort, splashes himself with water in the Forty Fort Community Pool on Wednesday.

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LOCAL / NATION

A4 THE CITIZENS' VOICE

THurSday, SEpTEmbEr 10, 2020

MACKEY: Family reaction mixed FrOm paGE a1

Mackey’s family members had mixed reactions to the settlement being approved Wednesday. Jerrie Babb, the mother of Mackey’s 11-year-old and 2-year-old, said she thought the settlement was not enough for what Mackey endured. “He was 10 months old when his father passed away. He’s not even going to get to know his father,” Babb said while holding the 2-year-old outside the federal courthouse in Scranton. “The older ones might be a little better about it but he was 10 months old. He knows his father by a picture. It’s just insane.” Mackey’s daughter, Tatiyanee Mackey, took issue with the family members being sworn under oath during the hearing Wednesday to acknowledge they understood they cannot pursue further legal action against Luzerne County or the involved correctional officers. “They didn’t raise their right hand and swear that they’re not going to kill anymore inmates,” she said. “Black lives matter,” added Mackey’s son, Shaheen Mackey Jr. Video of the struggle that

THE CITIZENS’ VOICE FILE

Tatiyanee Mackey, left, the daughter of Shaheen Mackey, pauses as she speaks to the media in August. claimed Mackey’s life was released in August and showed a prolonged struggle during which Mackey, who was apparently having a seizure, being repeatedly Tasered and pinned by numerous officers. Prominent civil rights activist Shaun King called Mackey’s death an “execution” and a “modern day lynching.” However, Luzerne County District Attorney Stefanie Salavantis ruled the officers did not break the law and were justified in

their use of force. Despite approving the $3 million civil settlement in June, Luzerne County Council on Tuesday voted against hiring an outside consultant to review the case. After the hearing Wednesday, Hammonds said she still doesn’t consider her brother’s case closed. “I feel like it’s still a work in progress,” Hammonds said. “But as far as his kids, they’re getting what they deserve.” Contact the writer: jhalpin@citizensvoice.com 570-821-2058

FANS: Games kick off this Friday FrOm paGE a1

Kensinger noted that school districts already have local control over athletic and extracurricular decisions. Wolf ’s guidance, however, limits attendance to 25 individuals at indoor events and 250 at outdoor events. This will likely prevent fans from attending football games, a sport that has large rosters and even larger fan bases. The Wyoming Valley Football Conference is set to kick off its season Friday night with six games. “The virus is not stopping and spreads more easily when people are in close proximity with one another,” Kensinger wrote in a statement. “This bill would allow for the potential gathering of thousands in close proximity, a widely reported, wellknown public health risk. We should focus on preventing the spread and creating a safe environment for children students back to learning and, if possible, in the classroom. Minimizing exposure to

COVID-19 is paramount.” Fred Barletta, Hazleton Area athletic director and president of the WVC Athletic Directors Association, polled athletic directors last week, inquiring about their policies for allowing spectators into football, field hockey and soccer games. “Ballpark (estimate),” Barletta said, “about two-thirds were allowing fans and onethird were not.” If House Bill 2787 passes, that poll could “be totally irrelevant,” Barletta said. “I would think each district is, at least, going to have a discussion with the new parameters,” Barletta said. Most sporting events will fall short of the 250-person limit, which includes players, coaches, officials, security, media and essentially every person who walks through the gates. Football’s a different story, though, especially in the WVC Division 1, which houses big-school teams Hazleton Area, Wilkes-Barre Area, Williamsport and Wyoming Valley West.

“You’re talking between 60 and 70 for each football team; I’m talking about players, coaches, managers, support staff. If you have two Division 1 schools playing, that could amount to 130, 140 individuals right there,” Barletta said. “That would mean you’ve eaten up a lot of that 250 cap. You then add 10 PIAA referees — six on the field and four on the sidelines with the chains and down markers. You’ve got scoreboard, time clock, PA announcer, security, maintenance, members of the media. Here in Hazleton, our games are televised; the television crew is 10 to 12. So when you put all that together, my number is up in the 170, 180 mark. Now, I only have 60 to 70 available spots. We bring the band and cheerleaders in, we’re either at the max or maybe even going over the max a little bit. That would mean it’s impossible to have spectators at a football game.” Contact the writer: mbufano@citizensvoice.com 570-821-2060, @CVbufano

HOT: Above-average temps this fall FrOm paGE a1

n July had 16 days when the temperatures hit at least 90 degrees, the most ever recorded in a single month. The previous high was 15 days in July 2016. n Overall, there were 24 days during the three-month period with a high temperature of 90 or more, the third most for any summer. n Interestingly, there were only two days all summer when the high reached at least 95, both of them in July,

Murphy said. As far as the total number of 95-plus days in a summer, that doesn’t even rank in the top 25 locally. n Although July sweltered, August wasn’t far behind with an average temperature of 74.4, which was 4.7 degrees above normal. That made the month the fifth warmest August on record. Even June was no slouch — its average temperature of 69.8 was 2.7 degrees above normal. AccuWeather meteorologist Dave Samuhel said

Northeast Pennsylvania wasn’t alone as many places across the state and the country experienced record heat this summer. Accuweather’s long-range forecast predicts above-average temperatures for September and October before a markedly chillier turn in November, he said. “It could feel like it goes from summer to winter,” Samuhel said. Contact the writer: dsingleton@timesshamrock. com, 570-348-9132

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Third shiftft,t hours vary from 8 pm to 3:30 am Sunday night thru Friday night Contact John McAndrew @ 570-348-9146 or email jmcandrew@t @timesshamrock.com t Mon. through Fri. 9 a.m. till noon Rt. 81 Exit 197

aSSOCIaTEd prESS FILE

Washington Post associate editor Bob Woodward arrives at Trump Tower in New York in January 2017.

TRUMP: ‘This is deadly stuff’ FrOm paGE a1

his campaign against Democrat Joe Biden. In a Feb. 7 call with Woodward, Trump said of the virus, “You just breathe the air and that’s how it’s passed. And so that’s a very tricky one. That’s a very delicate one. It’s also more deadly than even your strenuous flus.” “This is deadly stuff,” the president repeated for emphasis. Just three days later, Trump struck a far rosier tone in an interview with Fox Business: “I think the virus is going to be — it’s going to be fine.” Biden said Wednesday the book shows Trump “lied to the American people. He knowingly and willingly lied about the threat it posed to the country for months.” “While a deadly disease ripped through our nation, he failed to do his job — on purpose. It was a life or death betrayal of the American people,” Biden said at a campaign event in Michigan. Speaking Wednesday at the W h i t e H o u s e, T r u m p acknowledged he downplayed the virus, insisting he was trying to buck up the nation and suggesting he was trying to avoid “gouging” on prices of needed supplies. “The fact is I’m a cheerleader for this country. I love our country and I don’t want people to be frightened. I don’t want to create panic, as you say,” Trump told reporters. “Certainly, I’m not going to drive this country or the world into a frenzy. We want to show confidence. We want to show strength.” Yet Trump’s public comments suggested he was steering people to ignore the reality of the coming storm. Wood-

ward’s account details dire warnings from top Trump national security officials to the president in late January that the virus that causes COVID-19 could be as bad as the devastating influenza pandemic of 1918. On Feb. 25, just weeks before much of the country was forced to shut down because of the pandemic, Trump declared the virus “very well under control in our country.” Though he restricted travel from China in January, Trump did not begin to devote extensive federal resources to procuring vital personal protective equipment, including face masks, or expand the production of ventilators until March. In fact, U.S. officials recommended against widespread mask wearing until April in part because of a shortage of protective masks required by front-line medical workers. Trump aides and allies said at the time that he was aiming to prop up the economy with his rosy take on the virus throughout February, even as his administration took few concrete steps to prepare for the coming pandemic. The Washington Post, where Woodward serves as associate editor, reported excerpts of the book, “Rage” on Wednesday, as did CNN. The book also covers race relations, diplomacy with North Korea and a range of other issues that have arisen during the past two years. The book is based in part on 18 interviews that Woodward conducted with Trump between December and July. “Trump never did seem willing to fully mobilize the federal government and continually seemed to push problems off on the states,” Wood-

COVID-19 in NEPA community health district Cases Fatalities

Susquehanna

284 28

Wyoming

70 8

196 10

Schuylkill

1,023 51

World cases 27,695,130

Lackawanna

pike

2,218 214

548 21 monroe

Carbon

432 28

Lehigh

5,329 345

1,747 129

Northampton

4,186 302

12 new cases in county; big spike in Centre County STaFF rEpOrT

Luzerne County has 12 new positive COVID-19 cases and no new deaths, according to information released Wednesday by the state Department of Health. The county has 3,910 positive cases and the death toll is 189. In Luzerne County, there are currently 14 patients hospitalized with COVID-19 and none require the use of a ventilator.

COVID-19 BY THE NUMBERS a quick glance at the global spread of the coronavirus as of Sept. 9.

Wayne

Luzerne

3,910 189

ward writes of the pandemic. “There was no real management theory of the case or how to organize a massive enterprise to deal with one of the most complex emergencies the United States had ever faced.” White House press secretary Kayleigh McEnany said Wednesday, “The president has never lied to the American public on COVID. The president was expressing calm, and his actions reflect that.” She said Trump’s actions show that he took COVID-19 seriously. She noted that the president put in place travel restrictions with China on Jan. 31 and said that some Democrats had criticized the move. In an interview with Fox News on Wednesday, Dr. Anthony Fauci, the government’s top infectious disease expert, said Trump never “distorted” what he had advised the president. “Often he would want to, you know, make sure that the country doesn’t get down and out about things, but I don’t recall anything that was any gross distortion in things that I spoke to him about,” Fauci said. McEnany insisted “the president never downplayed the virus,” though Trump himself told Woodward he was “playing it down because I don’t want to create a panic.” “There is damning truth that President Trump lied and people died,” said Senate Democratic leader Chuck Schumer of New York. Schumer said that when he thinks about how many people in his state died, “It just makes me angry.” He added: “How many people would be alive today if he just told Americans the truth?”

Statewide there are 931 additional cases, bringing the total to 141,290. Centre County is reporting 180 new cases. The state reported 14 new deaths. The death toll is 7,805. There are 492 patients currently hospitalized in the state and 60 require use of a ventilator. The department said the number of tests administered within the last seven days is 145,946 with 5,564 positive cases.

(up from 27,433,017 on Sept. 8)

World deaths 900,079 (up from 894,430 on Sept. 8)

United States cases 6,356,310 (up from 6,324,042 on Sept. 8)

United States deaths 190,649 (up from 189,538 on Sept. 8) — NUMBERS REPORTED AS OF 6:29 P.M. WEDNESDAY FROM JOHNS HOPKINS UNIVERSITY

EDITOR’S NOTE: The Johns Hopkins university website relies upon publicly available data from multiple sources that do not always agree. more frequent updates of the map often result in higher case numbers than may be available from other sources that are updated less frequently.


THE CITIZENS’ VOICE

Editorial Thursday, sepTember 10, 2020

A9

OUR OPINION

Does Mackey’s life matter to Luzerne County?

W

ill anyone at the Luzerne County Courthouse take responsibility for fully exploring the death of county prison inmate Shaheen Mackey? Mackey died in a hospital in 2018 after being strapped in a restraint chair, muzzled with a spit shield and tasered by guards while in what a coroner described as “hyperexcitable physically combative state” at the prison. The district attorney cleared the guards of all wrongdoing and while some of those involved are no longer employed by the county, it is unclear, and county officials won’t say, if those separations are in any way connected to Mackey’s death. On Tuesday, not one member of the county council would make a motion to consider an independent review by a national law firm proposed by County Manager David Pedri. The council, with some dissenting voices, also rejected motions to form its own investigatory panel or write a letter urging District Attorney Stefanie Salavantis to seek an investigation by the state Attorney General’s Office. For her part, Salavantis has defended her investigation and maintained she has “invited” a state review. In reality she has stopped short of making an official request for one, something the Attorney General’s Office claims is necessary for it to step in. She also reports federal authorities have twice looked at the case, but any federal review would be narrowly focused on possible violations of federal law. She likewise points to inspections of the prison by state and federal authorities that found no deficiencies, but they appear to have been routine inspections not focused on the Mackey case. At this point the only penalty associated with Mackey’s death is likely a monetary one, which will be borne largely by the county’s insurers as part of a pending $3 million settlement with his estate. Some county officials have portrayed calls for a new investigation as politically motivated or aimed at “prosecution shopping,” but one should not suppose an independent review would lead to charges or findings of serious deficiencies at the prison. There certainly are gray areas in the Mackey case, including a supposed diagnosis of a propensity for homicidal outbursts that he himself referred to in a social media post. What a truly independent review would achieve is a comprehensive examination by non-county experts of all of the circumstances surrounding his death untainted by any suggestion of bias. Too often we have seen Black men die at the hands of legal authorities with little notice or consequence until a video surfaces, as has happened in the Mackey case, leading to a more thorough and public probe. Does Shaheen Mackey’s life matter enough to pursue that type of review? The answer so far from the courthouse has been “No.”

submITTed

Shaheen Mackey died in 2018 after being strapped in a restraint chair, muzzled with a spit shield and tasered by guards.

VIsIT The ’TOONbLOG: COLe.TheTImes-TrIbuNe.COm

YOUR OPINION Conservatives love music too Editor: The “time to retire” Rolling Stones and the “ink isn’t even dry yet on my citizen papers” Neil Young are threatening to sue President Trump over using their music at his rallies, I’m sure they realize conservatives buy their music too. Being a vinyl buyer since the late 1950s, I’d love to give them their music back, up front and personal. Jim Gallagher PLAINS TWP.

Reopen Dorrance recycling center

Editor: I have concerns about the closing of the Dorrance Twp. recycling center. The decision made by our supervisors of the township was a bad one indeed. What you will see is even more trash and junk along our roads, even worse than they are now.

Lois Ebert DORRANCE TWP.

Choose America over Trump

Editor: My heart has been in my throat on many occasions since Donald Trump’s election. With his administration’s gross mismanagement of the current pandemic, my worst fears are being realized. He has made over 20,000 false or misleading public statements, including 1,000 on the coronavirus, as

reported by fact-checkers; two examples were calling it a “hoax” and saying it would “just go away.” Elect a dishonest, divisive, authoritarian leader who thinks he knows more than experienced experts in every field, what could go wrong? Everything. The appearance of a 100-year pandemic caused by a new respiratory virus required a quick, organized, nationally unified response to lessen its effects, something T r ump was unable to deliver. The U.S. leads the world as the country with both the highest number of documented COVID-19 cases and deaths. So many Pennsylvanians helped propel Trump to victory in 2016. Please do not make the same mistake twice. Vote for Joe Biden and Kamala Harris, an experienced, empathetic team; they believe in science and

will follow the advice of experts with a nationally coordinated response to guide us back from the brink of an abyss. Think of Trump’s 2016 campaign claim: “I alone can fix it,” as thousands of Americans continue to fall ill or die, most of our social institutions have been upended, our economy is in shambles millions of families are facing economic calamity and our usual leadership role in a world crisis is absent. We should all be gravely aware that elections have consequences; search your mind, heart and soul — use facts to determine that “we can all begin to fix it” by electing Biden/Harris, the only team to represent all Americans in November. There is no other rational choice. Karen Baranoski WILKES-BARRE

COMMENTARY

Joe Biden might win in a landslide; that would make things more complicated BY DAVID BYLER The WashINGTON pOsT

For weeks, the mantra of the data nerd has been that President Donald Trump can still win reelection. The Democratic nightmare scenario — Trump loses the popular vote but again wins the electoral college - is very much still on the table. But the same statistical models that show a path for Trump also outline an oftoverlooked possibility: an outright landslide for Democratic challenger Joe Biden. The chance of a massive sweep by the former vice president is a reminder that for all the Democrats present this election as a choice between more Trump and a return to normalcy, there’s another possibility on offer. If Biden turns out voters in numbers that give him a huge victory, they may well elect a Congress and state officials eager and able to enact a sweeping progressive agenda. The numbers are clear. The average outcome produced by an election simulator I recently built gives Biden 319 electoral votes. Trump still has a chance in this model — he wins about 1 in 5 of the scenarios generated. But in roughly 10 percent of the model’s simulations, Biden earned 400 or more electoral votes. In these cases, Biden easily sweeps swing states such as Pennsylvania, Florida, Michigan, Arizona, North Carolina and Wisconsin and reaches deep into red territory to get electoral votes from states such as

THE CITIZENS’ VOICE

James Lewandowski Chief executive Officer Donald Farley president & publisher

I’m sure as managers, they would come up with some kind of solution to this problem that they claim the recycling center has. Recycling is a good thing. Don’t take it away from our township so we can keep Dorrance Twp. healthy and clean as possible. We all deserve this as an opportunity to help Mother Earth and our township.

Larry Holeva executive editor Dave Janoski managing editor

paTrICK semaNsKy / assOCIaTed press

Democratic presidential candidate former Vice President Joe Biden arrives to board a plane at New Castle Airport in New Castle, Del., Wednesday en route to campaign events in Michigan. Georgia, Texas, Iowa and Ohio. In the sunniest simulations, Biden wins enough rural White voters to grab deeply Republican states such as Alaska or South Carolina. Trump mostly keeps his base — Appalachia, the Interior West and the rural South — but those states alone don’t come close to cracking 200 electoral votes. That might seem outlandish, considering that Obama won only 365 electoral votes in his massive 2008 victory. But Biden has a bigger lead now than Obama did at this point in 2008, and he’s competitive in big red states such as Texas and Georgia. That’s why my model — as well as those from FiveThirtyEight and the Economist — see 400 or more electoral votes as an optimistic but plausible scenario for Biden. The basic political environment makes it clear why the math is suggesting these

Mark Altavilla advertising director Joe Nealon Circulation director

results. The issues that are most able to swing the polls — the pandemic, the economy and protests against police violence and racism — are volatile and in many aspects out of Trump’s control. Suppose progress on a vaccine stalls, the death rate shoots up as Americans grow weary of physical distancing and Congress fails to provide more relief to working Americans. Moreover, imagine what would happen if peaceful protesters - such as the NBA players who temporarily walked away from playoff games — take the media spotlight from looters and rioters. Events could throw Trump into free fall, whether or not he runs an effective campaign. And if Biden did record a 400-plus electoral vote win, the political consequences would be huge. In the Senate, any new member who rides his

coattails to power would serve for six years — safe from potential Republican comebacks in 2022 or 2024. That breathing room could allow Biden — or progressives in Congress — to make significant advances on issues of their choosing, not least because the liberal wing of the party might finally have enough votes to bypass moderates such as Sen. Joe Manchin III (D-W.Va.). Policing, gun control and wealth inequality would all be ripe for action. The long-term benefits might be even more substantial for Democrats. The state legislators elected in 2020 will play a pivotal role in drawing the next set of congressional and state-level district maps. If Biden can lift Democrats to victory in the states, they’ll be able to replace Republican gerrymanders with fairer maps — or, if they decide to take the unprincipled routes, gerrymanders of their own. Either way, these maps would outlast the Biden administration and shape politics for years to come. This election is often cast as a straightforward choice: Will voters make Trumpism the permanent, dominant strain in our politics, or do they want a return to Obamaera normalcy? It isn’t that simple. A stinging rebuke to Trump and the desire to heal the nation may not be compatible — especially with Biden’s campaign relying on the most progressive platform in modern history to excite voters.

LETTER GUIDELINES Letters to the editor must include the author’s name and town of residence for publication, and a daytime telephone number for confirmation. Letters must be 300 words or fewer and are subject to editing. Mail: your Voice, The Citizens’ Voice, 75 N. Washington st., Wilkes-barre, pa 18701 Email: yourvoice@citizensvoice.com Fax: 570-821-2247


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Take your kid to work: Wright Twp. business creating ‘school’ for workers’ children. Page A16

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Sunday, September 13, 2020

Pittston resident charged in deadly shooting Police say Joey Bernard Graves Jr. shot and killed Brandon Thomas early Saturday. BY JAMES HALPIN STAFF WRITER

THE CITIZENS’ VOICE FILE

Shaheen Mackey, inset, died after a struggle at the Luzerne County Correctional Facility in 2018.

INMATE IGNORED

Internal reports show Mackey told a CO he had a seizure BY JAMES HALPIN STAFF WRITER

In the moments leading up to the deadly struggle that would claim Shaheen Mackey’s life, he informed a correctional officer at the Luzerne County Correctional Facility that he had just experienced a seizure, according to internal documents obtained by The Citizens’ Voice. Incident reports prepared by correctional officers in the aftermath of the June 6, 2018, struggle that led to the death of the 41-year-

old inmate say many of them believed Mackey was high on drugs because, as one officer described it, his “resistance was like that of someone on bath salts.” In fact, Mackey, who was being held on an alleged protection-from-abuse order violation, was not under the influence of drugs but had suffered from a seizure, according to attorneys at Dyller and Solomon Law, which represented his family in a lawsuit that resulted in a $3 million settlement with Luzerne County.

The reports obtained by The Citizens’ Voice show that medical officials at the Columbia County Prison, where Mackey was initially incarcerated, noted Mackey had been involved in “testing for seizures.” Two inmates also provided statements that they believed Mackey had been having a seizure. One of them reported Mackey’s “eyes were in the back of his head and (he) was foaming out the mouth and shaking.” Please see MACKEY, Page A6

LCCF surveillance video shows prolonged struggle with Mackey BY JAMES HALPIN STAFF WRITER

Surveillance footage from inside the Luzerne County Correctional Facility shows officers rushing Shaheen Mackey’s cell prior to a prolonged struggle that ultimately claimed his life. Mackey, 41, of Berwick, died two days after the June 6, 2018, struggle that resulted in a $3 million settlement between his family and Luzerne County. Video previously released

MORE ONLINE

Watch the video at citizensvoice.com.

showed a swarm of correctional officers subduing Mackey by repeatedly Tasering him while he was strapped in a restraint chair. Officers in the video can be heard speculating that he was under the influence of methamphetamine. Please see VIDEO, Page A6

Luzerne County Correctional Officers can be seen removing Shaheen Mackey from his cell on June 6, 2018.

A Pittston man pulled a rifle on a man helping his girlfriend unload bags from a vehicle and shot him dead on the spot, according to police. Joey Bernard Graves Jr., 32, is charged with criminal homicide and illegal weapons possession following the shooting that killed Brandon Thomas, no age or address given. According to the complaint, police were dispatched to 82 Parsonage St. around 2:15 a.m. Saturday to a report of an open line 911 call with a woman screaming for help. Neighbors told officers arriving on scene that they heard gunshots in the area of the home. In the street in front of the home, police encountered Graves, who was barefoot and wearing a T-shirt and shorts. “I shot him,” the complaint quotes Graves as saying. “I think he is dead. Please don’t kill me.” Officers took Graves into custody without incident. Investigators found Thomas dead in the backyard near a basement door. He had been shot multiple times in his torso and extremities, police said. A rifle was recovered from underneath a wheelbarrow on the side of the house, police said. During questioning, Graves told police that his girlfriend, Samantha Smart, had arrived home shortly before the shooting with Thomas, who was her friend, following behind in his own vehicle. Please see HOMICIDE, Page A6

ADVE RTISE M E NT

Arena, visitors bureau OK despite virus

Both rely on revenue from the county hotel tax, which has decreased sharply since March. BY ERIC MARK STAFF WRITER

The two entities that rely on revenue from Luzerne County’s hotel tax are functioning well despite reduced revenues due to the coronavirus pandemic. For now, anyway. The hotel tax took effect in 1996 to fund tourism in the county and pay for the con-

struction of Mohegan Sun Arena in Wilkes-Barre Twp., then in the planning stages. A 5% tax is added to the bill for all hotel rooms booked in Luzerne County, in addition to the 6% state tax. The county treasurer’s office collects 2% of total hotel tax revenue as an administrative fee. Of the remainder, the Luzer ne County Convention Center Authority, which oversees the operations of Mohegan Sun Arena, receives 80%, while the county convention and visitors bureau receives 20%. In both 2018 and 2019, the hotel tax generated slightly

more than $3 million, of which the convention center authority received about $2.4 million and the visitors bureau received about $600,000 each year. That provided a crucial revenue stream for the authority to pay down the debt it owes on bonds issued more than 20 years ago to build the arena. Hotel tax revenue plummeted in March because of the pandemic. Revenue has increased slowly the past few months, as people began to travel more during the summer, but is still well below last year’s levels.

Convention Center Authority

The convention center authority continues to make monthly payments on the arena construction debt despite the pandemic’s impact on hotel tax revenue, authority Chairman Gary Zingaretti said. A substantial reserve fund built up over many years helped the authority make its monthly debt service payment of about $165,000 during several months of drastically reduced revenue, Zingaretti said. Please see HOTEL, Page A4

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LOCAL

A6 THE CITIZENS' VOICE

SuNday, SEpTEmbEr 13, 2020

MACKEY: Repeatedly Tasered FrOm paGE a1

SEaN mCKEaG / STaFF pHOTOGrapHEr

Getting a taste of those fair favorites Since the Luzerne County Fair was canceled due to the coronavirus pandemic, organizers are hosting a ‘Taste of the Fair’ event in its place featuring fair food favorites. The event continues Sunday from noon to 7 p.m. at the Luzerne County Fairgrounds in Lehman Twp. Admission and parking are free and masks are required. Donations of non-perishable items are being accepted for the Back Mountain Food Pantry. ABOVE: Emmalin Kane, 6, and her brother Liam Kane, 9, of Nanticoke, show off their treats. RIGHT: Sharon Balint, of Bulldog BBQ, puts together a carryout container. BELOW: Constance Koutoufaris, of Bethel Park, works to make calzones at the John the Greek stand. For more photos, visit citizensvoice.com.

SEaN mCKEaG / STaFF pHOTOGrapHEr

In a County Report of Extraordinary Occurrence, then-Capt. Frank Hacken wrote that officers initially responded to Mackey’s cell at the request of his cellmate. “(The cellmate’s) request for assistance was determined to be due to Mackey’s behavior in the cell, which (the cellmate) reported as follows,” Hacken wrote. “Acting delusional, paranoid, scared and out of it, talking to self, more and more violent in demeanor, talking to things or people not there and at one point stated ‘I just had a seizure,’ screamed in a loud violent manner.” Mackey’scellmatewroteina statement that Mackey told him he’d had a seizure and “didn’t know where he was.” The cellmate called for medical assistance and Mackey began spitting and screaming “as though he was arguing with himself,” according to the statement. The inmate described Mackey as becoming “violent and aggressive” as the incident progressed. Another inmate who was working as a monitor said that after witnessing Mackey experience an apparent seizure, he heard the cellmate begin yelling that Mackey was becoming “extremely violent” and “ripping his own fingernails off.” The documents also show that the officer who initially responded to Mackey’s cell for a medical situation was immediately told about his seizure.

“As this C/O waited for medical, inmate Mackey, Shaheen, stated he just had a seizure,” Correctional Officer Joseph Katra wrote. “But this C/O Katra noticed inmate Mackey, Shaheen laying on his bunk picking at his fingernails.” Katra’s account suggests that Mackey did not become confrontational until after his cellmate was released from the room. Mackey then jumped down fromthetopbunkandstoodup, prompting Katra to tell him to sit on the bunkso a nurse could checkhisvitals,thereportsays. Mackey refused and approached Katra, who then instructed him to sit on the toilet, according to the report. “He started pushing his way to the open door and possibly knocking over medical staff,” Katra wrote. “This C/O Katra held inmate Mackey, Shaheen, back from running out of his cell by grabbing him by the shirt top and the back of his pants. This C/O then placed inmate Mackey, Shaheen onto the floor and called for an all available (response). It took all this C/O Katra’s strength to hold this inmate on the floor til help arrived. Inmate Mackey, Shaheen was fighting this C/O Katra the whole time by swinging his arms and kicking his legs and screaming the whole time.” Surveillance video obtained by The Citizens’ Voice shows a squad of correctional officers rushed Mackey’s cell. They handcuffed him, shackled his anklesandputaspitmaskover

his entire face, including his eyes. Mackey was pinned in a restraint chair and repeatedly Tasered during an intense struggle that followed. He eventually went unconscious and officers performed CPR until he was taken to Wilkes-Barre General Hospital, where he died two days later. The Luzerne County Coroner’s Office ruled Mackey died of heart failure in a death attributed to natural causes. District Attorney Stefanie Salavantis determined that the officers who restrained and repeatedly Tasered Mackey did not break the law. “This incident began with one inmate witness, who said he feared for his life, screaming for help because Mr. Mackey was violently attempting to chew and rip his fingernails off, ripping out his own hair and spitting, which was confirmed by another inmate,” Salavantis said in a statement in August. “A C.O. responded with two medical assistants, but could not calm Mr. Mackey down or restrain him and in fact lost his radio in the process resulting in the cellmate running to the command center screaming that the C.O. needed help.” Luzerne County Council in June approved the $3 million settlement with Mackey’s family.Lastweek,thebodydeclined to hire an independent consultant to review the case. Contact the writer: jhalpin@citizensvoice.com 570-821-2058

VIDEO: Clears ‘false narrative’ FrOm paGE a1

SEaN mCKEaG / STaFF pHOTOGrapHEr

COURT NOTES MORTGAGES ■ John Gallagher et al. from mortgage Electronic registration Systems Inc. et al., $137,000; Schultz Lane, Wright Twp. ■ Courtney Harrison et al. from mortgage Electronic registration Systems Inc. et al., $127,645; East broad Street, Nanticoke. ■ matthew milgrom et al. from mortgage Electronic registration Systems Inc. et al., $128,000; Oak Street, plains Twp. ■ yokelvin de la rosa from mortgage Electronic registration Systems Inc. et al., $134,100; Clouds boulevard, Hazle Twp. ■ Frank W. Hullihen et al.

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In fact, Mackey was not on any drugs and was in the midst of a seizure, according to his family’sattorneysatDyllerand Solomon Law in Wilkes-Barre. “You can see from this video that Mr. Mackey’s medical emergency was mishandled from the very beginning,” attorney Theron J. Solomon said. “There’s been this false narrative floating around that he did something wrong at some point and this clears that up. At no point in any of this did Mr. Mackey do anything but beg for help from the staff at LCCF.” The newly released footage obtained by The Citizens’ Voice contains no audio but documents the moments leading up to the deadly struggle. The video shows an inmate on the outside of Mackey’s cell apparently conversing with Mackey’s cellmate. At around 6:09 p.m., the inmate approaches the cell and looks inside. A short time later, a correctional officer does the same. The video shows an officer speaking through the door before two nurses go up the stairs to the second-tier cell, oneof themcarryingamedical cart. The officer opens the door and allows the cellmate to exit prior to going inside the cell. Around 6:12 p.m., Mackey is seenattemptingtoleavethecell several times, but the officer pulls him back inside. A struggle then appears to begin inside the cell, prompting several other inmates to run over to look inside. Seconds later, nine other correctional officers come running up the steps to Mackey’s cell and begin restrain-

ing him on the cell floor. Around 6:14 p.m., an officer runs and gets a restraint chair. Then at 6:19 p.m., six officers carry Mackey out of his cell face-down, with his hands in cuffs and his ankles in shackles. A white cloth also covers his entire face, including his eyes. The officers carry Mackey down the stairs and strap him to the restraint chair before wheeling him to an adjacent corridor. There, another struggle ensues during which at least 16 personnel watch or work to subdue Mackey, who was being held at the jail for an alleged violation of a protection-fromabuse order. They eventually wheel him to an elevator, inside which his legs can be seen flailing and his face, completely covered by the mask, shakes. At 6:27 p.m. — 15 minutes after the struggle began — Mackeyisbroughtintothefirst floorlockupcage,whereanofficer begins filming with the handheld camera that recorded the previously released 23-minute long clip. In that footage, which does have audio, officers are heard repeatedly telling Mackey to calm down, comply and breathe. Throughout the first several minutes of the video, Mackey can be seen straining and heard screaming and crying as correctional officers ask him what drugs he took. “He’s strong,” one officer said. “I don’t know what he’s on. Probably meth. When they get pumped on meth they get power like this. Just make sure you control that other (expletive) hand.” The sound of Tasers firing repeatedly can be heard — the

lawsuit alleges he was shocked atleast20times—beforeMackey goes unconscious and nurses administer Narcan, a drug that can revive drug overdose patients. According to the lawsuit, however, Mackey was not under the influence of any drugs. Nurses and correctional officers initiated CPR while Mackey is still strapped to the restraint chair until an officer tells them Mackey needs to be removed. A second clip from the restraint room, which The Citizens’ Voice also obtained, shows Wilkes-Barre Fire Department personnel performing CPR on Mackey. At one point, one of them asks how long Mackey had been down for. Officers answer that it had been about 20-25 minutes. “We might need to get him unhandcuffed here,” one firefighter says. “You need to call 911 for me — somebody. Have them get an engine here, tell them it’s a cardiac arrest, priority one.” Luzerne County District Attorney Stefanie Salavantis investigated the incident and determined the involved officers did not break the law and were justified in their use of force. Luzerne County Council in June approved the $3 million settlement with Mackey’s family. However, on Tuesday council voted against hiring an outside consultant to review the case. County Manager David Pedri did not immediately return a message seeking comment Friday. Contact the writer: jhalpin@citizensvoice.com 570-821-2058

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