Troopers fail to prove anyone punched Hindi

October 5, 1990

Pottsville (PA.) Republican

By Daryl Nerl

Tremont – The man accused of punching Stephen O. Hindi at the Labor Day pigeon shoot in Hegins walked out of court here Thursday after state police said they didn’t have a case.

The principal witness against Michael A. Stewart, 34, Annville, was Hindi, a key pigeon shoot protect organizer, troopers told District Justice Earl H. Matz Jr.

Hindi didn’t show up and no other witnesses were present, trooper Daniel D. Antonacci informed Matz. Antonacci’s name appears on the complaint and Hindi’s does not.

Matz then dismissed the disorderly conduct charges.

Hindi was subpoenaed at his home in Plano, Ill., but troopers failed to finance his trip to court, according to his lawyer, Guy H. Brooks, Harrisburg.

Under state law, subpoenaed witnesses in criminal trials must be provided with 10 cents per mile of travel or $5 for every day they are required to be present, whichever amount is greater, Brooks said.

“Apparently, they didn’t want Steve there that badly,” Brooks said.

“I’m not aware of that,” Cpl. Arthur D. Zeplin said this morning. “In my 26 years of police work and issuing subpoenas, I’ve never sent them a check for travel expenses.”

“Isn’t it interesting that they had no civilian witnesses against the pigeon protesters and they were still able to prosecute them?” Brooks said. “It’s his job to hold their feet to the fire.”

“I don’t know what they were doing,” Matz said after Stewart’s case was dismissed. “I had no choice but to dismiss the charges.”

On Sept. 19, state police prosecuted and Matz convicted protester Theresa E. Barr, 43, of Effort, Monroe County, for fighting with Gail Scheib, 33, Valley View, based solely on the testimony of one state trooper, Casey McCormick. Scheib was not produced as a witness.

“No officer” actually saw them fighting,” Zeplin said. “Even the officer who got there first could not have testified that he saw them fighting.”

That officer is trooper Ronald T. Leidich. Reached at the Jonestown barracks on Thursday afternoon, he declined comment.

“I think what he could have testified to was that it appeared that they had been fighting.” Zeplin said. Leidich was there and ready to testify, “but there was no point in putting him on the stand because we didn’t have a case.”

In an earlier trial, trooper Carl D. Nockett testified that he saw Hindi involved in an altercation with another man, but he did not say who that man was.

Earlier in the day, trials of pigeon shoot foes Daniel S. Morekin, 40, of Dauphin, and Carola Seiler, 45, of Hazleton, yielded guilty verdicts from Matz. Neither was represented by an attorney. Morekin said he plans to appeal. Seiler said she had not made up her mind.

Another protester, Peggy R. Nemoff, 36, of Baltimore, who was scheduled to be tried Thursday, mailed a letter to Matz indicating that she wished to change her plea from not guilty to guilty.

Morekin, Seiler and Nemoff were all fined $300 plus $54 in court costs.

In the trials of Morekin and Seiler, the prosecution only presented the testimony of state trooper who were present at the event.

Both Morekin and Seiler were accused of attacking Nockett while he tried to arrest Hindi. Nockett was part of the plainclothes police contingent during the shoot.

Nockett and trooper Robert A. Connert testified that during the first half of the shoot they were both assigned in an undercover detail. As the day progressed, they were switched to a security assignment.

Nockett testified that he saw Hindi involved in an altercation with another man and attempted to arrest the Illinois man after he jumped underneath a parked car. Nockett told Matz that he had Hindi by the leg when Morekin jumped on his back and told him to leave Hindi alone.

Morekin was twice warned that he was impeding law enforcement officials before he was arrested, Nockett said.

Morekin denied that this was the case, saying that he was told only once.

“I am not the type of person who ordinarily fights with police officers,” Morekin said.

“I was aware of the fact that Steve Hindi was being attacked,” Morekin said, adding that he saw no uniformed officers in the area when he jumped on Nockett.

“It was a case of mistaken identity,” he said. “If I had seen a police officer in uniform, I would not have acted as I did.”

At the conclusion of Morekin’s trial, a tape recorder brought into the room by Jacqui Minarick, Pottsville, was confiscated by Matz. Before the trial had begun, Matz warned that the only parties allowed to record the trial were the prosecution and defense. Minarick had arrived too late to hear the warning. Her recorder was returned to her at the conclusion of the day’s events.

Seiler’s trial was more emotional and started late due to the late arrival of the defendant. Matz began the proceedings 10 minutes after the scheduled starting time without Seiler being present. Seiler arrived after Nockett finished testifying against her.

Seller apologized to Matz and explained that construction on Interstate 81 caused her to be late. Nockett was asked to testify again.

She was accused of interfering with Nockett after the trooper had apprehended Hindi.

“She said, ‘You’re grabbing the wrong guy. Leave him alone,’” Nockett testified. Then she stepped in front of the trooper and refused to allow him to pass, he said. As he tried to push by her, Seiler grabbed his arm and continued “carrying on very loudly.”

Matz asked Seiler if she wished to cross-examine Nockett.

“No,” she said. “I don’t think it makes any difference.”

“I certainly do not like the remarks coming out of your mouth,” Matz said. “I want you to respect the courtroom.”

Seiler testified that she saw a mob rushing after Hindi and feared for his life. “Once they got to Steve, I knew they would kill him,” she said.

“We didn’t know who was undercover police. I only knew who was police by who was in uniform.”

“I haven’t argued with any policeman,” Seiler said. “I never interfered with police.

“Everyone was loud. Everyone was screaming. Everyone was scared. It was a very frightening situation.”

After Matz convicted and fined Seiler, she got into a heated argument with Zeplin, who prosecuted her case.

She told Zeplin that she only argued with plainclothes police because she didn’t know who was who and feared that the angry mob would kill Hindi.

“I highly doubt that, Zeplin said. “You’re insinuating that the Pennsylvania State Police would take Steve Hindi somewhere and beat him to death.”

“You’re not listening,” Seiler countered.

“No, you’re not listening and I’m not going to discuss this any further.” Zeplin said just before storming out of the courtroom.