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Judge receives 33,800 ‘no’ votes

Luzerne County Judge Peter Paul Olszewski Jr., right, watches the results come in with his wife, Melissa, Greg Fellerman, Kristin Gattuso and Jim Gattuso at his Franklin Township home Tuesday evening.

S. John Wilkin/The Times Leader

WILKES-BARRE – Like jurors weighing evidence in a trial, Luzerne County voters rendered a verdict in the judicial retention race Tuesday, and it was a split decision.
Unable to erase the taint of the corruption scandal and a photo of himself posing with a drug dealer, Judge Peter Paul Olszewski Jr. was resoundingly defeated in his bid for re-election to a second, 10-year term, receiving 33,800 “no” votes compared to 27,139 “yes” votes, according to unofficial results in Tuesday’s general election.
On the opposite side of the spectrum, Judge Thomas Burke cruised to victory in his retention bid, garnering 35,580 “yes” votes and 22,471 “no” votes, according to unofficial tallies.
The decision marks the first time in recent county history that a sitting judge has not been retained. Such races are typically routine, but the corruption scandal that led to charges against former judges Michael Conahan and Mark Ciavarella and more than a dozen other local school and municipal officials had changed the complexion of the campaign.
Still, the night began with promise for Olszewski, who joined with about two dozen friends, family members and colleagues to watch the results at his Franklin Township home.
Olszewski said he was buoyed by the response he and his supporters had received at the polls Tuesday, as well as comments he heard from residents at numerous rallies he held in the days prior to the vote.
“In the past three weeks it seems people have become more encouraging and discerning of my individual record as opposed to ‘throw everybody out,’ ” Olszewski said in the minutes before results began to be posted on the county’s Web site.
That optimism quickly faded as the results began to filter in. They immediately indicated he was in trouble as one of first set of numbers posted at 8:41 p.m. showed him with roughly 300 more “no” votes than “yes” votes.
“So I’m losing?” a dejected Olszewski asked.
Family and friends continued to provide encouragement, noting the numbers reflected only a small portion of the precincts. When the next results that came in at 8:51 p.m. showed the margin of “no” to “yes” votes had grown to roughly 1,200, it became clear the night would end in defeat.
“It doesn’t look good,” Olszewski commented.
Silence replaced the lively chatter that had filled the room as a stone-faced Olszewski mulled about with his hands in his pockets. By 9:15 p.m., he acknowledged defeat as the latest set of numbers showed the “no” votes outpaced “yes” by nearly 4,000.
“That’s it Rachey,” Olszewski said, tapping his 14-year-old daughter, Rachel, on the shoulder.
Olszewski, 49, is the son of retired Superior Court Judge Peter Paul Olszewski Sr., who also served on the Luzerne County bench.
Like his father, Olszewski Jr. had dedicated his life to public service, serving as district attorney for eight years before winning election to the bench in 1999.
He and Burke had worked hard to distance themselves from the corruption scandal, portraying themselves as part of the solution, rather than the problem. They touted their experience on the bench, which they said would be crucial given that the judiciary seated two new judges this election.
The effort wasn’t enough for Olszewski, who faced the added burden of overcoming the controversy created by a photo that was sent anonymously to media outlets in September that showed him posing with a convicted drug dealer Ronald Belletiere.
The photo, which was published by The Citizens’ Voice newspaper, was taken in 2005 while Olszewski was vacationing at a Florida condominium owned by Conahan and Ciavarella.
Olszewski insisted he did not know Belletiere would be there. He also stressed that he knew nothing of Conahan and Ciavarella’s alleged criminal conduct.
“It’s unfortunate. I think the trip to Florida and the picture in the newspaper made the difference,” he said.
Realizing he faced an uphill battle, Olszewski had launched a significant media campaign in the weeks prior to the election, running television and newspaper ads. His campaign committee raised about $35,000 in donations, he said. He and wife, Attorney Melissa Scartelli, also loaned his committee $70,000, he said.
“I don’t think we could have done a better job than we did, telling people of the things I’ve done over the past 18 years. In the midst of a corruption scandal, it wasn’t enough,” Olszewski said.
“I’m very proud of the things I did on the bench and the things I did as DA,” he continued. “I think I made a difference in the community and made it a better place. I certainly lived up to my oath, and I’m proud of that.”
As for his future plans?
“I’m going to practice law,” he said.