Bedford DA’s staff on temporary leave
Childers-Potts seeks help from Pa. District Attorneys Association
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BEDFORD -- The new Bedford County district attorney has placed all of the office's staff on temporary administrative leave "until certain concerns and issues can be addressed."
Lesley Childers-Potts took over as Bedford County's chief prosecutor after William Higgins resigned Wednesday morning after Higgins was charged by the state attorney general with 31 misdemeanors alleging he abused his office to help multiple women avoid jail or receive overly lenient sentences in exchange for sex, and for compromising the identities of undercover law enforcement informants.
Higgins pleaded not guilty Wednesday to 31 counts, including obstruction of law enforcement, intimidation of a witness, recklessly endangering another person and official oppression and waived the charges to Bedford County Court.
The door of the Bedford County District Attorney's Office remained tightly shut Friday. Not a sound could be heard coming from behind the locked door.
Asked about the locked door, Childers-Potts said she was the person in the office working that day.
Due to transition steps, Childers-Potts said she placed office staff on temporary administrative leave. The DA's office will open Monday, and a temporary receptionist will take phone calls.
In response to a question about additional resources for the office during the transition, Childers-Potts replied she was seeking help from the Pennsylvania District Attorneys Association.
"At this time, I ask for your patience and support as I work through each obstacle," Childers-Potts said. "My primary goal is to earn the trust and respect of my community and of my law enforcement colleagues."
Law sets successor
Under the state's County Code, Childers-Potts, as first assistant district attorney, became district attorney upon Higgins' resignation. She is to serve as DA until "the first Monday in January following the next municipal election," the statute states.
Municipal elections are held in odd-numbered years, so the next one won't be until November 2019, which is when the position of district attorney would be up for election. The person elected then takes office in January 2020.
County code states "if the first assistant district attorney is unwilling or unable to serve, the judges of the court of common pleas shall fill the vacancy by the appointment of a competent person."
Childers-Potts expressed thanks for the support that she's received from the Bedford County community. "I want everyone to know that your prayers and well wishes have been greatly appreciated. Please keep me in your prayers as I begin this journey."
She said she would not comment on Higgins or the case, stating that she played no role in the matter. She added that questions concerning the prosecution of Higgins should be directed to the Office of the Attorney General.
The district attorney in Bedford County is paid $179,299, as established by state law, which sets the salary at $1,000 less than a common pleas judge in the county.
Michael Clapper, Bedford County administrator for finance and support services, said Higgins is not getting paid anything by the county for any length of time after his resignation.
Steven Passarello, Higgins' attorney, said the outcome of the case could affect Higgins' law license and possibly his pension. "It all depends on how the case resolves itself, though," he said.
Credibility seen as key
Passarello called the charges against Higgins "a credibility case," commenting that the sources of allegations include convicted criminals, drug addicts and members of law enforcement.
"It's not really rocket science. That's one of our main focuses," Passarello said.
But Andrew Shubin, an attorney who had a leading role in the Jerry Sandusky sexual abuse case, pointed out the perception of credibility often plays a key role in cases of sexual abuse and control.
"In my experience dealing with sexual abuse or sexual harassment cases, perpetrators choose their victims based upon the perception that their victims won't come forward because people won't believe them," Shubin said.
Shubin has practiced law in the State College area since 1991, representing victims of sexual harassment and government civil rights violations.
"The fact of the matter is it's no surprise that the defense would be talking about credibility because really that's the heart of why a perpetrator or abuser chooses a person: They think they won't be believed. To me, that's no coincidence. That was by design. That perpetrator designs things that way," he added.
Shubin said the court judge will instruct the jury to not to make credibility determinations based on someone's station in life.
Shubin said Higgins is still entitled to the presumption of innocence until proven guilty beyond a reasonable doubt.
Even if Higgins doesn't face criminal charges in the end, Shubin said he thinks Higgins could still be held accountable for sexual harassment and civil rights violations.
Higgins' next court date has not yet been set.
Restoring trust
State Rep. Jesse Topper, R-Bedford, said he crossed paths with Higgins as a fellow elected official fairly often.
"No one is above the law," Topper said. "As elected officials, we are held to a higher standard and should be held to a higher standard. When you can't even meet the minimum requirement of those standards, there are going to be consequences."
"In terms of this particular case, the allegations are extremely disturbing," Topper said. "I hope we can strive to show the actions of one individual certainly do not reflect the values of the whole community.
"As leaders and as a community, I think we need to try and do everything we can to restore trust in the system -- restore trust in the judicial system, restore trust in the political process because the trust has been violated, and so that's what I hope we can all come together to do," he said.
While the allegations against Higgins might have shaken the public's trust, Sharon Lopez, president of the Pennsylvania Bar Association, said the association believes strongly in the rule of law.
"Our present Pennsylvania Constitution provides important protections for everyone who is accused of a crime," Lopez said. "This is a very difficult time for the victims, for Mr. Higgins' family, but it is utterly important that we observe the rule of law and make sure the procedures for due process of fairness are maintained irrespective of Mr. Higgins' role as district attorney in this case."
Lopez said, "These are certainly very serious allegations, but that is what they are right now," commenting on how the association is waiting for a finality of judgment. "The rule of law must prevail, and we must let due process protect the individuals as they go through that process. I'm certainly not going to jump to judgments."
Mirror Staff Writer Shen Wu Tan is at 946-7457.