Pubdate: Thu, 17 Oct 2002
Source: Scranton Times (PA)
Copyright: 2002 The ScrantonTimes/Shamrock Communications
Contact:  http://www.nepanews.com/
Details: http://www.mapinc.org/media/1182
Author: Ray Flanagan

EX-GUARD SENTENCED ON DRUG RAP

A former Lackawanna County prison guard will serve 14 to 28 months for 
selling marijuana to a prisoner while he was working a midnight shift in May.

Joseph Frazier, 41, 432 N. Irving Ave., will do his time in Luzerne County 
Prison because of his previous contacts with Lackawanna's inmate population.

He was sentenced by Judge Michael Barrasse after pleading guilty to one 
count of delivering a controlled substance.

A charge of contraband, which directly addresses bringing drugs into a 
prison or mental hospital, was dropped during plea negotiations. It carries 
a mandatory minimum of two years in state prison.

District Attorney Andy Jarbola said the decision to drop the contraband 
charge was made because the case would hinge on the testimony of prisoners. 
He added he thought the sentence was severe enough.

The prosecution's case at the preliminary hearing was built on the 
testimony of Arthur Horvath, an inmate who said he bought the marijuana 
from Mr. Frazier for $125.

Mr. Horvath made the buy with marked bills that were found on Mr. Frazier 
when county detectives arrested him as he was leaving the prison on May 16 
at 7 a.m. -- the end of his shift.

At the time he testified, Mr. Horvath was serving a two-to four-year 
sentence for attempted criminal trespass and theft.

Defense attorney Ernie Preate attacked his credibility during the 
preliminary hearing by asking whether he made a deal in return for his 
testimony. The attorney charged Mr. Horvath was receiving preferential 
treatment, pointing out that he was transferred to the county's Work 
Release Center on the day of Mr. Frazier's arrest.

A check of court records showed Mr. Horvath was furloughed to the Salvation 
Army Rehabilitation Center a week later. It is the last entry in his file.

Mr. Frazier's arrest spurred controversy because it indicated that he never 
submitted to a criminal background check. Warden Thomas Gilhooley said it 
slipped through the cracks.

When the former guard unsuccessfully ran for Scranton School Board in 2001, 
the public learned he had served time on a murder conspiracy charge arising 
from a gang fight in Philadelphia when he was 14.

Mr. Gilhooley said then he would investigate whether Mr. Frazier could 
remain a corrections officer. He was apparently cleared because he was 
still employed a year later.

After his arrest, the county's Prison Board adopted a formal policy 
requiring background checks for all future employees.
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