Beeman's Lawyer Files Appeal, Calls Removal "Unconstitutional" - WICU12 HD WSEE Erie, PA News, Sports, Weather, Events

Beeman's Lawyer Files Appeal, Calls Removal "Unconstitutional"

Posted: Updated:

The attorney of former Erie County Councilman Ebert Beeman on Friday filed an appeal to have his client's cased be reviewed by the Pennsylvania Supreme Court.
  
This comes after Jeffrey Del Fuoco just last week seeking removal as Beeman's counsel due to relationship with Beeman's replacement, Edward DiMattio. The court's found no issue with that, and now Del Fuoco is moving on with this appeal.

This all started in November when a Judge Ernest DiSantis ruled Beeman to be removed from council. Del Fuoco says under Pennsylvania Constitution, only the governor and senate can exclusively remove any elected official. So he has now filed the appeal to a December 6, 2012 motion to dismiss this case.

Del Fuoco tells us that with all do respect to Judge DiSantis and Mr. DiMattio, this decision was made in the wrong forum, and he believes that Beeman's replacement has no legal authority to occupy the seat on council.

"The issue is whether or not he is even a council member," said Del Fuoco. "Bottom line, according to the constitution he's not, its still Beeman. And that would suggest to me that if Mr. DiMattio partakes pf any county business, votes on issue, whatever, it could have legal ramifications down the road."

Del Fuoco said that back in 2003, there was similar case here in Erie County that a judge threw out because of Article VI Section 7 in the state constitution, saying only the governor and senate can exclusively remove an elected official. So he says this case does have precedent in the courts right here in Erie.

The District Attorney now has 14 days to respond to this appeal.

 

Submit your event now
  • Most Popular StoriesMost Popular StoriesMore>>

  • Chautauqua Murder Victim Identified

    Chautauqua Murder Victim Identified

    Thursday, August 21 2014 5:22 PM EDT2014-08-21 21:22:30 GMT
    Chautauqua County, NY - Sheriff's Deputies are investigating the murder of a 61 Ayer old woman near the community of Sherman. An autopsy is underway but police say it appears the woman was fatally shot.12 News Sr. Reporter Paul Wagner is on the scene and talked to Sheriff Joe Gerace who says there is a lot going on in this investigation. He is not releasing the name of the woman until family can be notified.More >>
    Chautauqua County, NY - Sheriff's Deputies are investigating the murder of a 61 year old woman near the community of Sherman. An autopsy is underway but police say it appears the woman was fatally shot.12 News Sr. Reporter Paul Wagner is on the scene and talked to Sheriff Joe Gerace who says there is a lot going on in this investigation. He is not releasing the name of the woman until family can be notified.
    More >>
  • Armed Home Invasion Reported in Erie

    Armed Home Invasion Reported in Erie

    Wednesday, August 20 2014 11:35 PM EDT2014-08-21 03:35:30 GMT
    Erie police were on the scene of a home invasion robbery at 10:30 Friday night.More >>
    Erie police were on the scene of a home invasion robbery at 10:30 Friday night.More >>
  • New Safety Measures Outlined At Presque Isle

    New Safety Measures Outlined At Presque Isle

    Thursday, August 21 2014 1:08 AM EDT2014-08-21 05:08:27 GMT
     It's a matter of tackling the problem before it gets any worse.More >>
     It's a matter of tackling the problem before it gets any worse.More >>
  • Fairview Accepts Water Challenge, Ready for Season

    Fairview Accepts Water Challenge, Ready for Season

    Wednesday, August 20 2014 7:55 PM EDT2014-08-20 23:55:21 GMT
    The Fairview girls volleyball team has seen a noticeable improvement in the win column over the last few years. With a core group of starters seniors, the Lady Tigers are poised to have a special season. Sarah Ragen begins her second year as a coach for the program, but first as head coach. Following their practice on Wednesday, the team accepted the on-going cold water bucket challenge from the football team and called out the next victims. Fairview starts their season at the Fort LeBoeuf to...More >>
    The Fairview girls volleyball team has seen a noticeable improvement in the win column over the last few years. With a core group of starters seniors, the Lady Tigers are poised to have a special season. Sarah Ragen begins her second year as a coach for the program, but first as head coach. Following their practice on Wednesday, the team accepted the on-going cold water bucket challenge from the football team and called out the next victims. Fairview starts their season at the Fort LeBoeuf to...More >>
  • E. 38th Street USPS Mail Sorting Facility to Close

    E. 38th Street USPS Mail Sorting Facility to Close

    Thursday, August 21 2014 10:52 AM EDT2014-08-21 14:52:01 GMT
    The USPS mail sorting facility on E. 38th street is scheduled to close down in April 2015, according a list of future closings on the USPS website. The plans have members of the Erie community disappointed and concerned about the jobs at stake.More >>
    The USPS mail sorting facility on E. 38th street is scheduled to close down in April 2015, according a list of future closings on the USPS website. The plans have members of the Erie community disappointed and concerned about the jobs at stake.
    More >>
  • Gunfire Reported in Erie Neighborhood

    Gunfire Reported in Erie Neighborhood

    Wednesday, August 20 2014 11:32 PM EDT2014-08-21 03:32:41 GMT
    Several Erie neighbors got a scare when they say they heard five or six gunshots go off late Wednesday afternoon.More >>
    Several Erie neighbors got a scare when they say they heard five or six gunshots go off late Wednesday afternoon.More >>
  • Second Bayfront Hotel Approved

    Second Bayfront Hotel Approved

    Wednesday, August 20 2014 11:46 PM EDT2014-08-21 03:46:13 GMT
    Development along the bayfront is moving forward, with Erie City Council approving a second hotel by the Bayfront Convention Center.More >>
    Development along the bayfront is moving forward, with Erie City Council approving a second hotel by the Bayfront Convention Center. More >>
  • Waterford Roundabout Now Open

    Waterford Roundabout Now Open

    Wednesday, August 20 2014 3:38 PM EDT2014-08-20 19:38:09 GMT
    The first roundabout on a state road in our area is now open near Waterford. The traffic circle opened around 9:30am, about 30 minutes later than expected.More >>
    The first roundabout on a state road in our area is now open near Waterford. The traffic circle opened around 9:30am, about 30 minutes later than expected.More >>
Powered by WorldNow
3514 State St. Erie, PA 16508
Newsroom: (814)454-8812
Toll Free: 1(800)454-8812
Business offices: (814)454-5201
WICU FCC Filing
WSEE FCC Filing
Share:
Share Stories
Submit your stories to our site!
Share Photos
Share your photos in our community galleries
Mobile:
Mobile Site
Be sure to stay constantly updated with the power of WICU12 and WSEE at your fingertips
Free Android App
Free iPhone App
Free iPad App
Storm Tracker App
Droid
iPhone
iPad
All content © Copyright 2000 - 2014 WorldNow and WICU. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.
                   WICU/WSEE - 3514 State Street Erie, PA 16508 - (814) 454-5201 - info@wicu12.com