By Ralph Ciprianofor BigTrial.net
Frank Fina finally got his comeuppance.
In a 36-page report issued today, the Disciplinary Board of the state Supreme Court called for a suspension of the former deputy attorney general's law license for a year and a day. That recommendation now goes to the state Supreme Court.
Fina, the former lead prosecutor in the so-called Penn State sex abuse case, got blasted yesterday by the disciplinary board for his "reprehensible" and "inexcusable" conduct in purposely duping a grand jury judge into thinking that Fina wasn't going to press Cynthia Baldwin, Penn State's former counsel, into breaking the attorney-client privilege and betraying her former clients -- three top Penn State officials -- behind closed doors.
After conning the gullible judge back in October 2012, Fina then "proceeded to question [Baldwin] extensively about the very subjects he represented to Judge [Barry] Feudale he would avoid," the disciplinary board concluded. "These actions are reprehensible" and "inexcusable," the disciplinary board wrote. In addition, the board found that Fina's alleged defense of his behavior before the board was "without substance." Fina turned defense attorney Baldwin "into a witness for the prosecution against her clients," the disciplinary board wrote. And when confronted with his misconduct, he showed no remorse.
"As a prosecutor [Fina] served as a 'minister of justice,' whose 'duty to seek justice trumps his role as an advocate to win cases," the disciplinary board wrote in a document signed by James C. Haggerty, vice-chair. The board cited case law that said that "lawyers who commit misconduct while in a public position bring disrepute union the bar . . . [Fina] betrayed the faith and trust of the public by engaging in misconduct in his official capacity."
Fina, according to the disciplinary board, brought "dishonor to the professions and to our democratic institutions . . . [Fina's] actions dishonor the profession and his office."
Fina's "misrepresentations to Judge Feudale as to the scope of his inquiry of Ms. Baldwin's testimony are deeply disturbing and a significant aggravating factor," the board wrote. "There are innumerable portions of [Fina's] examination of Ms. Baldwin that sought detailed attorney-client communications. [Fina's] actions can be seen as nothing but intentional and calculated."
The disciplinary board blasted Final for his smug attitude when he was brought before them on charges. As a witness to the proceedings, I can tell you that Fina and his lawyers richly deserved the dressing down.
Fina "failed to demonstrate regret or remorse for his actions," the disciplinary board wrote. "To the contrary, he attempted to persuade the committee, despite the weight of the evidence, including his own testimony that pointed otherwise . . . that [Fina] dis not deceive Judge Feudale in any way."
Fina "deflected responsibility by describing himself as a 'worker bee' in the AG's office. "He failed to acknowledge that as a prosecutor he bore a special responsibility to ensure justice, and utterly failed to acknowledge the ramifications of his misconduct . . . The failure of [Fina] to show any remorse demands the imposition of sanction which conveys to him the severity of his transgressions."
Fina's actions "undermine the public trust and bring shame to the profession," the disciplinary board wrote. "Through it all [Fin a] fails to recognize the severity of his transgressions and refuses to show any remorse for his actions. Considering the serious nature of his actions and the weighty aggravating factors, [Fina's] misconduct warrants a suspension of one year and one day."
The same disciplinary board two months ago recommended public censure for former Penn State counsel Baldwin, Fina's partner in crime, for her role in betraying her three former clients before the grand jury -- Penn State President Graham Spanier, Athletic Director Tim Curley, and Vice-President Gary Schultz.
Because of the misconduct by Fina and Baldwin, the state Superior Court previously threw out grand jury charges against the Penn State administrators for alleged conspiracy and obstruction of justice.