# Phila. DA asks state Supreme Court to block sanctions in building-collapse suit



## mark handler (Jun 2, 2016)

Phila. DA asks state Supreme Court to block sanctions in building-collapse suit
http://www.philly.com/philly/news/2...k_sanctions_in_building_collapse_lawsuit.html
The Philadelphia District Attorney's Office has asked the state Supreme Court to stay a judge's order punishing prosecutors for not surrendering three cellphones for examination by lawyers in the civil case filed in connection with the Center City building collapse.

The motion filed Friday contends that Common Pleas Court Judge Mark I. Bernstein had no authority to grant sanctions requested by lawyers for the Salvation Army, whose thrift store at 22nd and Market Streets was crushed when an unsupported three- to four-story brick wall toppled from an adjacent property.

Since April, the District Attorney's Office has fought surrender of the cellphones and other evidence, saying the items are protected by grand jury secrecy rules.

The prosecutor's office had twice appealed Bernstein's orders to the state Supreme Court, but the high court never specifically stayed the judge's orders.

Although prosecutors maintain that a stay is automatic under state appellate rules, Bernstein said otherwise and on May 23 sanctioned the District Attorney's Office.

In the motion, Hugh J. Burns Jr., chief of appeals for the District Attorney's Office, wrote that punishing his office for not complying with an "order of which Supreme Court review has been sought interferes with the Supreme Court's process and usurps the Supreme Court's jurisdiction."

Burns' motion said his office would comply with Bernstein's order if the Supreme Court denies its appeal. He wrote that he has also asked Common Pleas Court Judge Lillian Ransom, who was in charge of the grand jury investigating the June 5, 2013, collapse, to either block Bernstein's order or permit the release of the evidence.

At the heart of the dispute are three cellphones used by principals in the catastrophe that killed six people and injured 13. Lawyers in the case seek to examine the phones of Griffin Campbell, the demolition contractor who was razing the building that fell atop the Salvation Army store; architect Plato A. Marinakos Jr., hired to oversee the demolition; and Ronald Wagenhoffer, the city Department of Licenses and Inspections inspector assigned to monitor demolition. Wagenhoffer killed himself a week after the collapse.

Since March, lawyers for property owner Richard Basciano and his STB Investments Corp., and the Salvation Army have sought to review the phones on the chance the contents could negate their civil liability for the collapse.

In court filings, Basciano has blamed the Salvation Army for the disaster for refusing his offer to buy their building and then not allowing Campbell's workers access to the roof of the thrift store.

The Salvation Army's lawyers contend that Basciano had the responsibility to see that his contractors demolished the adjacent building safely without affecting the thrift store.


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