In The Press : Com. vs. Swartz
Defendant Charged With Two Robberies Changes Attorneys
The Lewistown Sentinel
Thursday January 13, 2005
By Frank J. Jost
Sentinel Reporter
One of the Juniata County men charged in connection with two separate robberies late last year has a new defense attorney. Attorney Michael Sheldon of Lemoyne is representing Stanford “Tommy” Adler, 19 , of Port Royal regarding charges stemming from his alleged involvement in the Mifflintown Weis Market robbery on Nov. 24 and the First National Bank of Mifflintown robbery in East Waterford on Oct. 19.
Adler was initially represented by attorney Erin Zimmerer of McShane and Hitchings in Harrisburg. Attorney Justin McShane of the same firm is representing Dustin Swartz, 20, of Port Royal who is also charged in connection with the two robberies.
“Mr. Adler and his family decided that they were somewhat uncomfortable with two attorneys from the same firm representing both defendants, due to the possibility of conflicting interests…” Sheldon said, during a telephone interview on Wednesday.
“Mr. Swartz and Mr. Adler initially signed a Waiver of Conflict of Interest with my firm,” McShane said, during a separate telephone interview on Wednesday.
McShane said, in essence, the waiver acknowledged a “wall” between himself and Zimmerer, indicating they would not discuss or share information related to the defense of either client with one another.
McShane also said the waiver released his firm from responsibility for any conflict of interest that may have arisen as a result of the separate defense cases.
“Mr. Adler has apparently decided to obtain different counsel for his defense, and he certainly has every right to do so,” McShane said.
Both Sheldon and McShane indicated Adler’s switch to a new attorney was not the result of any ethical concerns with the firm of McShane and Hitchings.
“Everybody wants to know why a young man with so much going for him…diverts his path and follows this course in his life,” Sheldon said, in reference to the charges against Adler. “It’s heartbreaking for Mr. Adler and his family, as well as the other people affected by the incident.
“I want to speak to the district attorney (Kenneth Mummah) concerning Mr. Adler. He (Adler) certainly needs to be held accountable… but is there a need to punish him into oblivion? This man’s life is permanently changed as a result of this situation, regardless of what ultimately comes of it.
“Mr. Adler is very remorseful for what is happening as a result of the whole situation.”
Adler was arraigned, along with Swartz, on the bank robbery charges before District Justice Jaqueline Leister on Tuesday. According to criminal complaints filed by police, Adler faces one count of criminal conspiracy stemming from the bank robbery and various charges in connection with the Weis Market robbery, including one count each of kidnapping, burglary, robbery and robbery of a motor vehicle.
The Weis robbery police complaint also states Adler faces one count each of receiving stolen property, theft by unlawful taking, carrying firearms without a license, simple assault and recklessly endangering another person. .
Adler remains in the Juniata County Prison in lieu of $600,000 bail related to both incidents. His preliminary hearings for both cases will be held before Justice Leister at a future date.
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