Wednesday, June 9, 2010

Caught in the Act

Allen Funt's "Candid Camera" had a tag line, and it was "people caught in the act of being themselves."

It describes Richard Emanski perfectly.  Emanski was supposed to be sentenced Monday for bribing a member of the Wilkes-Barre Area school board.

Let me back up for a second.  After you are found guilty or plead guilty, there's something called a "pre sentence investigation."  County, or in this case, federal court officials prepare a report on your background.  It goes to the judge to help him decide the sentence.

Emanski's pre sentence report shows he engaged in other improper, and possibly illegal conduct.  At sentencing, the issue arose whether the judge had the right to consider this other behavior, even though Emanski had not been charged with anything beyond the school board member bribery.

Lawyers on both sides have to prepare briefs for the judge.  The case raises a lot of interesting points, but you cannot overlook the fact that Richard Emanski was caught in the act of being himself.

Smile!  You're on Candid Camera.