Russell Davis Attorney

Criminal Court, Aug. 7, 2011

A Pottsville man is headed to prison after being sentenced Tuesday for driving under the influence in September in Saint Clair.

Robert W. McFarland, 40, must serve 14 to 64 months behind bars under the terms of Judge Cyrus Palmer Dolbin's sentence.

Dolbin also sentenced McFarland to pay costs, $2,000 in fines, $100 to the Substance Abuse Education Fund and $50 to the criminal Justice Enhancement Account.

"The jury resolved those questions against you," Dolbin said in response to McFarland's protestations of innocence. "I can't undo the jury's verdict."

That verdict occurred June 7, when jurors found McFarland guilty of DUI and Dolbin, who presided over the one-day trial, convicted him of driving under suspension-DUI related.

Saint Clair police had charged McFarland with DUI on Sept. 18, 2010, in the borough.

Dolbin allowed McFarland to remain free on bail pending an appeal, which the defendant said he intended to file.

"I'm getting sentenced for something that didn't happen," the defendant said.

Also on Tuesday, Dolbin sentenced Frank J. D'Agostino III, 30, of Shoemakersville, who earlier pleaded guilty to five drug- and vehicle-related crimes, to time served to 23 months in prison and granted him immediate parole, plus 12 months concurrent probation.

Dolbin also ordered D'Agostino to pay costs, $1,025 in fines, $400 in SAEF payments, a $50 CJEA payment, $113 restitution to the state police crime laboratory in Bethlehem, $60 restitution to Schuylkill Medical Center-South Jackson Street and $2,753.43 to the district attorney's office.

D'Agostino pleaded guilty on April 20 to possession with intent to deliver a controlled substance, possession of a controlled substance, possession of drug paraphernalia, DUI and driving an unregistered vehicle.

State police at Frackville charged D'Agostino with committing the crimes on Jan.4, 2010.

Deputy District Attorney Thomas J. Campion Jr. said the drug D'Agostino had was marijuana and that the $2,753.43 forfeited to the district attorney's office was found on the defendant when he was arrested.

A Schuylkill Haven man returned to prison Monday after being sentenced in Schuylkill County Court following revocation of his probation on four sets of charges.

Dennis C. Shafe, 26, must serve four to 12 months in prison plus an additional 24 months on probation, under the terms of Dolbin's new sentence.

Dolbin revoked Shafe's probation after the defendant admitted violating it by failing to report to his probation officer, moving without permission, committing an assault and using narcotics.

Proposed Planned Parenthood Clinic in Redwood City Still Scrambling |

By Dave Andrusko

Redwood City officials are holding firm in their insistence that a proposed Planned Parenthood clinic in this California town have the necessary parking spaces for patients and staff—and that there be direct confirmation of PP’s assurance that it has the nine parking spaces from a local car rental company needed to meet the requirement. Meanwhile a PP lawyer is contesting the city’s request for additional documentation.

Last month we discussed the aftermath of a decision made May 20 by the Redwood City’s planning department to grant a permit to open the abortion clinic ( www.nationalrighttolifenews.org/news/2011/07/it-ain%E2%80%99t-over-till-it%E2%80%99s-over-glitches-in-approval-of-planned-parenthood-clinic-in-redwood-city/ ). The permit came with a proviso—27 parking spaces within 300 yards of the proposed clinic. Short nine spaces, PPFA assured the city it had an understanding with Enterprise Rent-A-Car to make up the difference..

“Planned Parenthood Mar Monte, the organization’s regional office, produced a signed agreement with the rental car business for the extra parking stalls,” according to Bonnie Eslinger of the Daily News. “But after Planned Parenthood informed the city recently that Enterprise now is trying to pull out of the agreement, planning officials amended the use permit to require direct confirmation of the deal from Enterprise by July 29.”

But instead of providing the confirmation, PP’s lawyer objected to the request. He acknowledged that Enterprise was contesting the agreement,  but W. Russell Davis said Planned Parenthood “believes the license agreement with Enterprise is enforceable,” Eslinger reported.

For its part, a spokesman for Enterprise told the Daily News “that the company backed out because Planned Parenthood wanted a longer-term agreement than it could provide, not because of threatened protests by abortion foes,” according to Eslinger. “She said the contract needed two signatures from Enterprise officials but only has one, so it was ‘never finalized.’”

PP is evidently looking for a fall-back option.  Davis wrote the city that Planned Parenthood “is attempting to locate an alternate site for off-site parking that would satisfy the city’s requirements.”

As for the city’s posture, City Zoning Administrator Blake Lyon the city is reviewing Planned Parenthood’s recent response and “considering potential next steps.” No timetable for a decision was given.

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