I am the first assistant district attorney in Monroe County. I have been employed with the Office of the District Attorney since January of 2000.

I was born in Newark, New Jersey in 1965. My family relocated to the Poconos in 1978. I attended Pocono Mountain High School where I played football. I also took up boxing. I graduated from Pocono Mountain high School in 1983.

Following high school, I attended Kutztown University where I studied political science and history. I graduated from Kutztown in 1987.

I attended law school in Jackson, Mississippi at the Mississippi College School of Law. Some of the best professors I had taught there. After my first year of law school, I transferred to the Dickinson College School of Law in Carlisle, Pennsylvania. At Dickinson I took up many classes dealing with advocacy, trial work, and the rules of evidence.

During my second and third years of law school, I worked for a law firm in Carlisle, Pennsylvania. That job provided me with great practical experience.

After passing the bar in 1992, I obtained employment in Stroudsburg at the law firm of Robinson, Hoffner, and Billick. I worked at the law firm for about a year. I practiced in many areas of civil litigation including personal injury defense and family law.

 

A Calling for Public Service

One day I was representing a family against Children and Youth Services at a dependency hearing before Judge Peter O’Brien. Present during the hearing was then assistant Public Defender Mark Newman. At the conclusion of the hearing, Mark asked me if I was interested in becoming a Public Defender. Shortly thereafter, I met with the then Chief Public Defender Mike Muth who hired me as a Public Defender in his office. This was in December of 1993.

I don’t know of anything that could’ve trained me as well for my future role as a prosecutor than those years I spent as a Public Defender.

Within two weeks of the start of my job I was in a jury trial defending an individual against burglary and assault charges. The jury’s not guilty verdict was great motivation for me to intensify my learning of the rules, and the various stages of trial such as direct examination, cross examination, opening statement, closing argument, etc.

The learning curve for a new lawyer in a public defender’s office is steep. I studied by watching others, asking a lot of questions, and getting thrown into the mix. Preliminary hearings, omnibus pretrial motions, jury trials, sentencing hearings, parole violations, mental health hearings, Children and Youth dependency hearings, protection from abuse hearings – you name it.

At that time ,we had a number of hardworking, dedicated, and talented Public Defenders: Mike Muth, Mark Newman, Colleen Nevins (now Colleen Mancuso), Brian Gaglione, and Brian Germano. Both Mike and Mark were excellent teachers. The esprit de corps was high. Indeed, I estimate that our success rate in front of juries was around eighty percent. All of us were constantly discussing our cases with one another and sharing ideas and insight. As a Public Defender, I handled hundreds, if not thousands, of cases, including over fifty jury trials. The crimes my clients were charged with covered the entire range of the Crimes Code, i.e., murder, rape, robbery, arson, attempted murder, drug delivery, DUI, white collar crime, etc.

 

Private Practice

After a couple of years, I was promoted to the position of First Assistant Public Defender. However, I found it difficult to pay my student loans and other bills. Most people in our community are unaware that the salary of a full time Public Defender (as well as a full time Assistant District Attorney ) is meager.

For a while, I moonlighted by doing legal research and preparing briefs for a local civil lawyer. I then started to look for other employment. At that time, I was offered the opportunity to transition to a part time Public Defender. The salary was a bit lower, but the part time position allowed me to open my own law firm. I accepted the kind offer from Mike Muth.

Around that time, I was defending a fourteen year old who along with an eighteen year old brutally murdered an elderly couple in their own home. My co-counsel in that case was my good friend, and then special public defender, Dave Christine. Both Dave and his father, the late Elmer Christine, offered me space at their firm to rent an office.

I worked as a solo practitioner beginning in 1997 through 2000. In addition, I kept up my duties as First Assistant Public Defender continuing to represent various clients. Most of the clients I represented at that time were charged with very serious offenses.

I remember one day, after a hearing in a murder case, being approached by a family member of the victim. The person was very upset with me and said to me that she hopes that a family member of mine would be murdered so that I would know what it felt like. At the time I brushed the words off as being taken in the context of an emotional, distraught, grieving individual. It was not until I became an Assistant District Attorney, actually prosecuting murderers, and dealing closely with the families of the victims that the words came back to me.

 

Transition to Prosecution

At the beginning of the 2000 calendar year, I was offered a position by then District Attorney Mark Pazuhanich to become an Assistant District Attorney. This position was offered as part-time so that I would be able to continue to practice law privately, and be exposed to both areas of the law: civil and criminal. By that time, Dave Christine had already returned to the District Attorney’s Office, also as a part-time prosecutor.

So in the year 2000, I said goodbye to my Public Defender position and the colleagues of that office. I recall fondly their farewell to me included a certificate and a coin. On the coin was the phrase “Justice Justice Thou Shall Pursue”. I knew exactly what was meant. Mainly, that the role of a prosecutor is more than that of a mere advocate. The prosecutor must also seek justice by everything he does with respect to those whom he prosecutes, the victims, their families, and the community as a whole.

Although I had a very strong foundation in criminal law, and knew virtually every tactic, strategy, or defense trick, I found, at least initially, the role of a prosecutor to be an unaccustomed one. However, that feeling didn’t last long. I soon grew accustomed to the process of seeking justice in everything I did versus advocating for one position or another without regard to the impact of the ultimate result. I also realized that as a prosecutor one can employ a much greater degree of freedom and imagination in building a case. It is that use of imagination and freedom in seeking the truth and proving it before a jury that is the single most fascinating aspect of the job.

In 2004, Dave Christine was re-elected as District Attorney. He had been District Attorney prior to James Gregor and Mark Pazuhanich. I remember the night of the election, Dave and I had just completed a murder trial involving the tragic death of a young woman at the hands of her then boyfriend. The jury rejected the defendant’s claim of suicide and convicted him of third-degree murder. In other words, that, with malice in his heart, he killed the woman. Both Dave and I were grateful that justice was done by the jury in that verdict.

 

First Assistant

Under District Attorney Christine, I was made First Assistant District Attorney. First Assistant District Attorney is a statutory position. It means that, in addition to all my other duties as a prosecutor, I stand in the shoes of the District Attorney during his absence or unavailability. I am also responsible for prosecuting the majority of all homicide cases in the County.

On this page, I will highlight some of the past homicide prosecutions and provide information and updates on the status of the pending ones.

In addition to pending homicide cases, Monroe County unfortunately has a number of unsolved murders. For help in solving these, we often utilize the resources of an investigative grand jury. I have primary responsibility for investigations before the investigative grand jury. The tools of the investigative grand jury have proven so useful in helping solve some of these crimes that the current position of the District Attorney’s Office is always to have one available.

In addition to my duties with the office of District Attorney, I am in private practice with the Firm of Mancuso & Mancuso, PC in Stroudsburg, Pennsylvania. My wife, the Honorable Colleen Mancuso, is my partner. We have been partners in the firm since 2001 and practice law in most areas, including personal injury, wills and estates, family law, and real estate.

In 2011, Colleen won election to the Office of Magisterial District Judge for Chestnuhill and Jackson Townships. The Firm continues and Colleen is available for consultations.

I also present lecture sessions involving aspects of criminal law and trials through the Pennsylvania Bar Institute to other attorneys as part of the required continuing legal education requirements of the Pennsylvania Supreme Court. My next lecture will be in May 2012 at the Criminal Law Symposium in Harrisburg and will involve closing arguments.

I am willing to answer any questions posed. Just contact by email at mmancuso@monroecountypa.gov.

Please note that due to ethical and / or privacy concerns, as well as the need for confidentiality in certain pending matters, I may not be able to provide certain information. However, I will do my best to fully respond to any inquiries.

 


Select Murder Prosecutions, 2004 to Present

I have been asked to update the Cases Tried Section of my Bio Page. Yet I procrastinate. So much effort, thought, and care has gone into each of these important cases. I feel that an “update” would not do justice to the victims of these heinous crimes. But for those members of the public who are interested in these matters the following will have to do.

Commonwealth v. Christopher Barber

Convicted of the shaking death of his infant son in 1991

Commonwealth v. Anthony Caiby

Convicted of the 2005 murder of David McEntire

Commonwealth v. John and Tina Tedesco

Convicted of the 2011 murder of Barbara Rabins

Commonwealth v. Richard Keiper

Convicted of the 1968 murder of Alfred Barnes

Commonwealth v. Charles Hicks, Jr.

Convicted of the 2008 murder of Deanna Null

Commonwealth v. Rico Herbert

Convicted of the 2012 murder of Joseph DeVivo

Commonwealth v. Arthur Burton Schirmer

Convicted of the 2008 murder of his wife, Betty Schirmer

Commonwealth v. Bryan Tallada

Convicted of the March 2009 drug-related death of Daniel Smith

Commonwealth v. Ian Seagraves and Shawn Freemore

Convicted of the February 2009 murder of Michael Goucher

Commonwealth v. Ralph Maldonado and Myles White

Convicted of the January 2009 murder of Blake Natal

Commonwealth v. Miguel Gonzalez

Convicted of the November 2006 murder of his live-in girlfriend, Jeanette Caludio

Commonwealth v. Teri Levanduski and Lennard Fransen

Convicted of the November 2002 murder of Levanduski’s common law husband, Robert Sandt

Commonwealth v. Mark Say

Convicted of the October 2001 murder of his girlfriend, Jamie Walling

Commonwealth v. Cheryl Kunkle

Convicted of the June 2001 murder of her ex-boyfriend, Benjamin Amato

Commonwealth v. Eleanor Nicolosi

Convicted of the 2001 murder of her husband, Francis Nicolosi

Commonwealth v. McKinley Warren

Convicted of the December 2000 murder of his 2 year old daughter, Jessica Bock