Office of Disciplinary Counsel v. Susi

66 Pa. D. & C.4th 312
Supreme Court of Pennsylvania·Decided July 30, 2003·No. Disciplinary Board Docket no. 53 D.B. 2002·Published

Opinion

SAIDIS, Member,

— Pursuant to Rule 208(d) (2) (iii) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court of Pennsylvania herewith submits its findings and recommendations to your honorable court with respect to the above-captioned petition for discipline.

I. HISTORY OF PROCEEDINGS

On February 28, 2002, the Supreme Court of Pennsylvania entered a rule to show cause directing that, as respondent, Dan W. Susi, had been convicted in the Court of Common Pleas of Erie County of the crimes of indecent assault and selling or furnishing liquor or malt or brewed beverages to minors, and that he show cause why he should not be placed on temporary suspension. On April 19, 2002, upon consideration of the response to the rule filed by respondent, the Supreme Court entered an order discharging the rule and directing that the matter be referred to the Disciplinary Board pursuant to Rule 214(f)(1), Pa.R.D.E.

[314]*314On May 13, 2002, petitioner, Office of Disciplinary Counsel, filed a petition for discipline against respondent. Respondent filed an answer to petition for discipline on May 30, 2002.

A disciplinary hearing was held on October 22, 2002, before Hearing Committee 4.16 comprised of Chair Ernest R. Walker, Esquire, and Members John D. Goetz, Esquire, and Jean A. Manifesto, Esquire. Philip B. Friedman, Esquire, represented respondent.

Following briefing by the parties, the Hearing Committee filed a report on February 24, 2003, and the majority recommended that respondent be suspended for at least one year and one day. Member Manifesto filed a dissenting opinion and recommended that respondent be publicly censured.

Respondent filed a brief on exceptions on March 12, 2003. Petitioner filed a brief opposing exceptions on March 31, 2003.

This matter was adjudicated by the Disciplinary Board at the meeting of May 14, 2003.

n. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner, whose principal office is located at Suite 1400, 200 North Third Street, Harrisburg, Pennsylvania 17101, is invested, pursuant to Rule 207 of the Pennsylvania Rules of Disciplinary Enforcement, with the power and duty to investigate all matters involving alleged misconduct of an attorney admitted to practice law in the Commonwealth of Pennsylvania and to prosecute all disciplinary proceedings brought in accordance with the various provisions of the aforesaid rules.

[315]*315(2) Respondent was bom in 1958 and was admitted to practice law in the Commonwealth in 1984. His office address is 714 Sassafras Street, Erie, PA 16501.

(3) By criminal information filed on July 19, 2000, in the Court of Common Pleas of Erie County, respondent was charged with indecent sexual contact with Justin, an 18-year-old male. Justin’s last name is being withheld to avoid potential embarrassment. The incident occurred on or about April 2, 2000. Respondent was also charged with unlawfully furnishing alcoholic beverages to the victim.

(4) On August 27, 2001, respondent entered a plea of guilty before the Honorable Stephanie Domitrovich to two counts of indecent assault and one count of selling or furnishing liquor or malt or brewed beverages to minors.

(5) On November 15, 2001, Judge Domitrovich imposed the following sentence on respondent:

(a) On the count of selling or furnishing liquor to minors, 90 days to one year imprisonment in the Erie County jail effective November 15, 2001, with work release for the first 30 days and electronic monitoring for 60 days thereafter, a $300 fine, 100 hours of community service, and completion of the sex offenders program.

(b) On the first count of indecent assault, two years probation consecutive, a $300 fine and costs.

(c) On the second count of indecent assault, two years probation concurrent, a $300 fine and costs.

(6) Respondent reported his conviction to the Disciplinary Board as required by Pa.R.D.E. Rule 214(a).

(7) At the time of the incidents at issue, the victim was 18 years old and a senior in high school.

[316]*316(8) Prior to the incidents, the victim had troubles with the law. In October 1998 and January 1999, he was charged with underage drinking. In July 1999, the victim was charged with burglary and simple assault. The victim’s mother retained respondent to represent her son on these charges, because she knew him from previous volunteer work on a local political campaign and because she respected and trusted him. The charges were resolved in September 1999 through probation.

(9) Respondent charged $500 for his services to represent the victim. When the victim’s mother offered respondent a check, respondent did not accept it. He suggested that the victim instead work off the fee by performing odd jobs at respondent’s properties at the rate of $10 per hour.

(10) Both the victim and his mother agreed to this arrangement, and his mother thought it would be good to teach him a lesson. The victim’s mother discussed the victim’s prior underage drinking charges with respondent and specifically told him that she did not condone the victim’s underage drinking.

(11) The victim began working sporadically at respondent’s property. Typically, respondent would call the victim’s mother to arrange a specific date for work, and the victim would return home by 2:30 that afternoon or, at the latest, by 5-6 p.m.

(12) On April 2, 2000, respondent picked the victim up at his home. The victim did not return home again until 1:30 a.m. on April 3.

(13) On the evening of April 2, respondent purchased rounds of alcoholic drinks, including beer and shots of liquor, for himself and the victim while they were at the [317]*317bar of the Nuova Aurora Club. At the time of these purchases, respondent knew that the victim was 18 years of age and that it was not legal for him to purchase or consume alcohol in Pennsylvania.

(14) After leaving the Nuova Aurora Club, respondent took the victim to Rocco’s Tavern where respondent attempted unsuccessfully to have himself and the victim served alcohol. At the tavern, respondent tried to persuade the bartender that he was the victim’s uncle, but the victim was denied alcohol.

(15) At approximately 9:50 p.m., the victim’s mother called respondent’s home to ask about the victim’s whereabouts and spoke to respondent’s wife. She indicated that she was not aware that the victim was with respondent. Respondent’s wife also stated that she had received a message from respondent earlier that evening stating that he was done working and was going to stop to get something to eat.

(16) After leaving Rocco’s Tavern, respondent took the victim to respondent’s home to get something to eat. While at the home, respondent served the victim a beer and a shot of liquor.

(17) After eating, respondent told the victim to put on his coat and wait in the basement while he cleaned up the kitchen. While he was waiting, the victim passed out while sitting in the basement of respondent’s home. The victim awoke to a moist feeling in his ear and respondent performing oral sex on him. The victim stated that he “looked down and Mr. Susi had my genitals in his hands and then his mouth around my penis.” (PE 16 at p. 3; N.T.

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Office of Disciplinary Counsel v. Susi, 66 Pa. D. & C.4th 312 (Pa. 2003).

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