A Schuylkill County man who had entered a guilty plea on charges related to a copper cable theft incident in August last year was supposed to be sentenced in that case Thursday morning.
However, things went so sideways inside Courtroom 4 today, it caused Schuylkill County Judge Christopher Hobbs to chastise a defense attorney, delay imposing his sentence, and leaving court visibly frustrated.
Michael Donaldson, 43, of Saint Clair, entered guilty pleas on charges of attempted theft and possessing an instrument of crime. He was found with a Schuylkill County woman along Tunnel Rd. – near the Fairlane Village Mall – on Aug. 9 last year trying to pull Verizon phone cable from a utility pole. As police arrived at the scene, Donaldson was carrying a reciprocating saw and cables were dangling from the pole.
In court on Thursday, Donaldson’s attorney, Larry Kansky, of Kingston, told Hobbs that he’d been working with Assistant District Attorney David Noon on a sentence that included house arrest. He said Noon indicated he wouldn’t oppose that sentence.
However, Noon was not present Thursday and First Assistant District Attorney Mike Stine was covering for the Commonwealth. Stine told Hobbs that house arrest wouldn’t be appropriate for Donaldson because of a 2022 conviction on his record in which he violated conditions of his probation and ended up serving a 3- to 6-month jail sentence.
Instead, Stine began arguing for a sentence to be served at Schuylkill County Prison that fell in line with state sentencing guidelines, meaning Donaldson would serve 2-5 months behind bars followed by a lengthy probation period.
Hobbs seemed to be agreeing with that when he said, “With his record, I’m not going to give him house arrest.”
That led to confusion from Kransky and Donaldson to which Hobbs responded, “I made it clear the judge was in charge of the sentence” and wondered why the defendant was under the belief that he’d be eligible for house arrest.
“He got the idea from me and Attorney Noon,” Kransky said.
Hobbs replied abruptly, “Why would you tell him that when I’m the one who has final discretion?”
Donaldson, realizing he was likely about to be sent across the street to begin serving his sentence, interjected and said he wanted to withdraw his guilty pleas and go to trial in the case.
Stine objected to Donaldson’s informal motion to withdraw his plea and Hobbs agreed, rejecting it.
Donaldson then began asking Hobbs for legal advice on what his options were going forward. Hobbs said he can’t be giving legal advice from the bench.
More confusion ensued from the defense and Hobbs grew increasingly frustrated.
“This is absolutely …,” he said, not finishing his sentence.
Hobbs then told Kansky, “You’re not prepared.”
The judge then said he was continuing the sentencing to a later date, adding “The defendant was not provided appropriate information.”
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