Pennsylvania Cases April 28, 2022: In re Cabry

Case Description

1

Samuel c. Stretton, Esquire

Attorney for the Respondent,

Michael J. Cabry, III

PRE-TRIAL STATEMENT PURSUANT TO COURT OF JUDICIAL DISCIPLINE

The Respondent, Michael J. Cabry, III, by his counsel, Samuel C. Stretton, Esquire, respectfully submits the following information as part of his Pre-Trial Memorandum:

1) Names and addresses of all witnesses expected to testify at trial and the subject of the testimony of each witness:

a) Michael J. Cabry, III He is the Respondent. His address is 1469 Hall Road, West Chester, Pennsylvania 19380. He would testify as to the circumstances and mitigation. He would further explain that during the pertinent times, his wife was dying of cancer. He was actually doing the treasury work for the campaign. He would explain how he did not properly maintain records and there was a fire in his house where some of the records were destroyed or lost in the cleanup. He would explain how his wife's death from cancer and long illness consumed him and also caused him to have severe depression. He would apologize for his criminal convictions and accept

2

responsibility. He would explain the gambling situation and how it was done infrequently for two or three hours each week to have a break from caring for his wife.

b) Mike Oleski, MA. His phone number is 717-859-8000. He is the treating therapist for Former Judge Cabry and has been seeing him for at least the last two years. His report is attached to this Pre-Trial Memorandum as Exhibit "A".

c) Reverend Matthew Guckin, Pastor of Our Lady of Mount Carmel Church. Attached is his July 12th, 2021 letter as Exhibit "B".

d) Former Detective Lieutenant, William Cahill. Detective Cahill is a close friend and his letter of June 25th, 2021 is attached as Exhibit "C".

e) Former Chester County Commissioner, Terrance Farrell. His letter of July 8th, 2021 is attached as Exhibit "D".

f) Chief Curt A. Martinez, Police Chief of West Cain Township Police Department. His letter of July 14th, 2021 is attached as Exhibit "E".

g) Erika Emilia Thalmann Ferretti, is a registered nurse and close friend and would be a character witness. Her letter of July 12th, 2021 is attached as Exhibit "F".

h) Albert J. Grundy, who is the owner of Grundy Property Solutions, LLC, and he is a character witness. His letter of July 13th, 2021 is attached as Exhibit "G".

3

i) Tara Lambert, formerly worked for former Judge Cabry. Her phone number is 484-885-7124. She is a character witness and her letter of July 7th, 2021 is attached as Exhibit "H"

j) Ron and Toni Scott, would be character witnesses. Their letter of July 10th, 2021 is attached as Exhibit "I".

k) Michael Cabry, IV, who is the son of Former Judge Cabry. He is a police officer in Cain Township, Chester County. He would testify as a character witness and to the great stress Former Judge Cabry was under during the time of his wife's illness.

l) Attorney Dawson Muth, was the attorney for Former Judge Cabry in the related criminal case. He has known Former Judge Cabry for many years. He would testify what an excellent judge he was and as to his excellent character and the great difficulty he had during the time of his wife's illness. He will testify that Former Judge Cabry came to him to amend his campaign report before he was aware of any criminal investigation.

m) Attorney James McElree, with the phone number of 610-701-4404. He will be a character witness and confirm Former Judge Cabry sought advice to amend his campaign report before he was aware of any investigation.

4

n) Michael Matta, Head Football Coach for Downingtown East, with an address of 120 Glenside Drive, Exton, Pennsylvania 19341, will testify as a character witness, o) John Sly, Chief of West Wood Fire and Ambulance and a friend of Former Judge Cabry, with an address of 140 LaRose Drive, Coatesville, Pennsylvania 19320, will testify as a character witness.

p) Stephanie Supplee, the Magisterial District Court Office Manager for Former Judge Cabry, with an address of 20 Mineral Springs Road, Coatesville, Pennsylvania 19320, will testify as a character witness

q) Frank LaMarra, with an address of 3233 North East 34th Street, Apartment No. 910, Fort Lauderdale, Florida 33308, will testify as a character witness, r) Joyce Macintosh, with an address of 201 Mohawk Avenue, Norwood, Pennsylvania 19074, will testify as a character witness.

2) Exhibits would be as follows:

a) Petition for Discipline

b) The Answer to the Petition for Discipline

c) Report of Therapist, as referenced above.

d) Character Witnesses Letters, as referenced above.

e) Documents filed by Former Judge Cabry with Chester County Voter Services on behalf of his campaign.

5

f) Former Judge Cabry's Guilty Plea Colloquy and Sentencing Sheet.

3) Samuel C. Stretton, Esquire certifies that he has sent material previously or by this letter to the James Kleman, Esquire of the Judicial Conduct Board, as required by Pennsylvania Court of Judicial Discipline Rules of Procedure 401(d)(i).

4) The major issue will be whether or not Former Judge Cabry's criminal conviction violates the Pennsylvania Constitution Article V Section D1, i.e., did Former Judge Cabry's conduct bring the judicial office into disrepute since that would affect his pension of 21 years. The second issue would be as to the nature of the sanction. Former Judge Cabry has resigned and retired from his position. He has agreed never to seek judicial office again. He is respectfully requesting that the sanction not be that of removal.

6

CERTIFICATE OF COMPLIANCE

I, Samuel C. Stretton, Esquire, certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.

7

I hereby certify I am this date serving a copy of the foregoing Pre-Trial Statement in the captioned matter upon the following persons in the manner indicated below.

Service by electronic mail addressed as follows:

1. Joseph U. Metz, Esquire Chief Counsel

Court of Judicial Discipline

Pennsylvania Judicial Center

601 Commonwealth Avenue

Suite 550

P.O. Box 62595

Harrisburg, PA 17106-2595

Email: Joseph- Metz@pacourts.us

2. Stephanie Stump Court Administrator

Court of Judicial Discipline

Pennsylvania Judicial Center

601 Commonwealth Avenue

Suite 550

P.O. Box 62595

Harrisburg, PA 17106-2595

Email: Stephanie.Stump@pacourts.us

8

3. James P. Kleman, Jr., Esquire

Deputy Counsel

Judicial Conduct Board

601 Commonwealth Avenue

Suite 3500

P.O. Box 62525

Harrisburg, PA 17106-2525

Email: James.Kleman@jcbpa.org

4. Michael Cabry, III

119 Freedom Valley Circle

Coatesville, PA 19320

Email: Mikecabry@aol.com

9

(Exhibit Omitted)