HOLLIDAYSBURG - A Blair County judge must decide if it is a conflict of interest for Blair County District Attorney Richard A. Consiglio's office to prosecute criminal charges against one of his nephews.
The nephew, David D. Rainelli Jr., 39, of State College was arrested in late 2008 for creating a disturbance at the VanZandt VA Medical Center.
Rainelli claims that Logan Township officers roughed him up when they took him to the Blair County Prison - a claim denied by township Police Chief Ron Heller.
State police eventually filed criminal charges against Rainelli for unsworn falsification to law enforcement, false reports, making a false statement and reporting an incident that didn't occur.
Rainelli is awaiting trial on those charges but in January questioned the pursuit of those charges because they were approved by Consiglio, his uncle.
Consiglio and his family cared for Rainelli for several years after his mother was murdered, court documents state. David Rainelli Sr. stabbed his wife, Barbara, to death in their Altoona home in 1975.
The late Blair County Judge Robert Haberstroh awarded custody of Rainelli and a younger sister to Consiglio and his wife in 1976, court papers state.
The two children resided with the Consiglios for four years while Rainelli's father was in prison, court document state. Consiglio also coached Rainelli in basketball at St. John's Elementary School.
Rainelli is also asking that the Logan Township criminal charges be dismissed because of a 2009 agreement where he pleaded no-contest to resisting arrest, disorderly conduct and public drunkenness charges stemming from the VA incident, based on the alleged promise that false report charges would not be filed.
A pretrial hearing on Rainelli's charges was scheduled for Friday, but Judge Hiram A. Carpenter said that, before deciding if there was a plea agreement in place, he had to determine if the DA's office should be prosecuting the charges in view of Consiglio's close relationship to Rainelli.
If the judge rules there is a conflict, the case would likely be referred for review to the Pennsylvania Attorney General's Office, defense attorney Glen S. Downey of Pittsburgh said. The state would then have to decide if it wants to prosecute the case, and, if so, whether new charges would have to be filed or if the present case could continue.
Downey has until April 8 to file a written argument to Carpenter, with Assistant District Attorney Ilissa Zimmerman to respond by April 22.
Mirror Staff Writer Phil Ray is at 946-7468.
