the side bar THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XXI, NUMBER 4 AUGUST 2009 Wrongful Convictions Artist, Attorney Present Two Views of The Innocence Project by Beth Orbison, Esq. is a series of breathtaking portraits done in an rongful expressionistic style that convictions are depicts the complicated, W not isolated, emotional landscapes of rare events. Innocent men who have suffered people languishing in years of incarceration prison or worse—being put for crimes they did not to death for crimes they did commit. In doing these not commit—should be paintings for the exhibit— intolerable to everyone,” simply entitled “Resurrected” says Dan Bolick about why in the Walsh Gallery at the he was inspired to paint Westmoreland Museum larger-than-life portraits of until September 6, 2009— ten wrongfully convicted L Bolick wanted to humanize men who were exonerated Artist Daniel Bolick and Innocence Project Staff Attorney Craig the men, literally giving a as a result of the efforts of Cooley were the featured speakers at the WBA Summer Quarterly face to their plight, and to The Innocence Project. Meeting held at the Westmoreland Museum of American Art in July. demonstrate that this could The Innocence Project is happen to anyone. an organization dedicated to using the meeting at the Westmoreland Museum Mr. Cooley, a native of Plum latest scientific evidence to exonerate of American Art where featured Borough in Allegheny County, is wrongfully convicted men and women. speakers—artist Daniel Bolick and one of six full-time staff attorneys who Founded in 1992 by Barry C. Scheck Craig M. Cooley, staff attorney with represent prisoners across the country. 2 and Peter J. Neufeld at the Benjamin The Innocence Project in New York— “Our standard is actual innocence,” N. Cardozo School of Law at Yeshiva talked about the impact of an explains Cooley. “If there is physical University in New York to assist imperfect criminal justice system on evidence to test and DNA evidence prisoners who could be proven the lives of wrongfully convicted men. could prove innocence, then the case innocent through DNA testing, to In 2007, upon retiring after 34 is eligible to be considered for our date, 241 people 1 have been exonerated years as a Pittsburgh Public School assistance.” Eight staff members and set free through the work of this teacher, Daniel Bolick searched for carefully review each letter they nonprofit national law firm. a subject to paint with “an activist receive from or on behalf of inmates— On July 28, the Westmoreland content.” He found his muse in The they currently have a 3,000-letter Bar Association hosted its quarterly Innocence Project, and what emerged continued on page 10 ____________ 1 Of the 241 exonerations, there are 38 in Texas, 29 in Illinois, 25 in New York, and 10 in Pennsylvania. 2 Attorney Craig Cooley represents clients on behalf of The Innocence Project in Pennsylvania, Oklahoma, Illinois, Tennessee, Arkansas, and South Carolina. IN In Memoriam In Memoriam To-Wit: Jury Bench/ THIS President’s George E. Thomas R. by S. Trial Bar ISSUE 213Message 3 Berry, Jr. 4 Ceraso 11 Sponte Verdicts 18 Recap 2 • sid ebar AUGUST 2009 President’s Message The Best-Kept Secret by James R. Antoniono, Esq. ne of the best-kept secrets of it costs $100 to purchase one share of I wrote to Reg Belden, who membership in the WBA is stock and it’s refundable at any time. was then the President of the Bar Othe eligibility to also become The Abstract Company specializes Association, describing what an a shareholder of Lawyers Abstract in personal services, and even if a abstract company was and how Company, a title insurance and title WBA member doesn’t do real estate it worked, suggesting that the Bar services company wholly owned by work, he or she can refer a client to the should form one. He responded by WBA members. The company with the assurance that the naming Ralph D. Conrad, David S. WBA has over 500 client will get the best personal service DeRose, James M. Duffy, James members and 281 of available and that he or she will McDonald, John N. Ward, and those members are have the opportunity to continue me to a committee to form the also shareholders in representation in any ways that are abstract company, and, in 1987, the Abstract appropriate. the Westmoreland County Lawyers Company. The Abstract Company was Abstract Company was born. Although they established with two principles in My hope is to someday see the Bar are separate legal mind: Association and the Abstract Company entities, the two 1) Maintain the attorney-client integrated in a professional way such organizations are closely intertwined. relationship in all real estate that the profits of the Abstract All shareholders of the Abstract transactions when appropriate. Company help support the mission Company must also be members of the Westmoreland Bar Association. In addition, the Abstract Company It seems natural that the profits from financially supports the Bar Association in a number of ways: this commercial enterprise be directed 1) It is always one of the sponsors of to provide greater legal services to the our Bench/Bar Conference; citizens of the county. 2) It traditionally donates money to the Westmoreland Bar Foundation to assist in its mission to provide assistance to Westmoreland County 2) Keep business in Westmoreland and work of the Bar Association and residents; County that might otherwise the Bar Foundation. It seems natural 3) It offers local people the opportunity go to businesses that have no that the profits from this commercial to have their own Westmoreland connection with or interest in enterprise be directed to provide County lawyers represent them at the people of the county. greater legal services to the citizens closing when other title companies Because of its relationship with of the county. may restrict such representation to Commonwealth Title Insurance Now that the Lawyers Abstract lawyers strictly of their choosing. Corporation, the Abstract Company Company is no longer “the best-kept The cost to become a member of can provide title insurance services secret,” if you are not a member of the Abstract Company is negligible— throughout the Commonwealth. the Abstract Company, call Phil Early in my practice, while searching Shelapinsky, the President of the a title in Armstrong County, Roger Abstract Company, and become a Get Connected! Mechling, the President-for-life of the member. It’s one of the best benefits Need access to a FREE Armstrong County Abstract Company, you receive as a member of the Bar wireless Internet connection in approached me and suggested that I Association. Greensburg? WBA members join since I had an Armstrong County are welcome to stop in the office. He described their abstract WBA offices and log on to our company and its benefits. I joined, free wireless network to but on the way back to Greensburg, I conduct business online. wondered why Westmoreland County did not have its own abstract company. AUGUST 2009 sid ebar • 3 Remembering George E. Berry, Jr. Editor’s note: George E. Berry, Jr., passed school,” which meant, among other former active-duty naval officers, away on May 25, 2009. He is survived things, that his word was his bond, including Pat Costello, Dick Jim, by his son, George “Skip” III, of and many of us who worked with him and others, would meet to share their Greensburg, son, Michael and his wife, would accept whatever he told us experiences. Pat advises that the others Ana Taras, of Trenton, N.J.; grandson, without question. At the time of his were all “black shoe” navy, and that he David, of Ann Arbor, Mich., and sister, passing, he took pride in the fact that was the only “brown Virginia, of Greensburg. he was the oldest attorney at the shoe” officer. If you Westmoreland County Bar. want to know the by James R. Gaut, Esq. George, for several years, shared difference, contact Pat. office space with Attorneys Henry George’s father ost of us were acquainted Waltz, Jim McWherter, and Dave was the owner and with George Berry through Gold. Dave, being the young man operator of the former Mthe practice of law and were in the firm at that time, has praised George E. Berry not as familiar with his personal life. George as having offered him a lot Printing Company on We knew George as a careful practi - of good advice regarding the practice North Main Street tioner, especially in the field of real of law, including such matters as above the former L estate, and we all respected his expert - billing, title work, finances, and other office of the George E. Berry, Jr. ise. George was one who was serious advice that Dave has characterized as Greensburg Tribune about his work, did it very well, and “unbelievably insightful.” In addition Review. George graduated from was never one to look for shortcuts. to being an office for the practice of Greensburg High School and was a He had the respect of his many clients law, the office became the headquarters journalism major while at Penn State. as well as the attorneys with whom he of a local naval reserve unit; George He was in his second year at Pitt Law worked. He has been described as “old was the commanding officer, and School on Pearl Harbor Sunday and on December 8, 1942, volunteered his services to the U.S. Navy. Within six months, he was commissioned as an ensign, and Looking for a special way after extensive duty stateside, he was appointed Executive Officer of L.S.T.