Judge says no to Basciano effort to move civil trial in fatal Salvation Army collapse
A Philadelphia judge has denied a motion by lawyers for real estate speculator Richard Basciano to move the Sept. 6 civil trial in the deadly 2013 Center City building collapse out of Southeastern Pennsylvania because of pretrial publicity.
A Philadelphia judge has denied a motion by lawyers for real estate speculator Richard Basciano to move the Sept. 6 civil trial in the deadly 2013 Center City building collapse out of Southeastern Pennsylvania because of pretrial publicity.
The one-page order, without explanation, was filed Tuesday by Common Pleas Court Judge M. Teresa Sarmina. She is the newly appointed trial judge for the consolidated lawsuits resulting from the June 13, 2013, collapse of an unsupported and partly demolished wall. It crushed a Salvation Army thrift store at 22nd and Market Streets. Six people were killed and 13 injured.
The change-of-venue motion was filed June 6 by veteran Center City lawyer Richard A. Sprague, contending that local media coverage of the collapse and its aftermath "has been so extensive, sustained, inflammatory, and inculpatory" that Basciano could not get a fair trial in Philadelphia.
Sprague's firm represents Basciano and several of his corporate entities, property manager Thomas Simmonds, and Frank Cresci, Basciano's former chief financial officer. Firm lawyer Thomas A. Sprague declined comment Wednesday.
Lawyers for the plaintiffs who filed the score of lawsuits against Basciano and others opposed a change of venue.
Steven G. Wigrizer, one of the lead plaintiffs' lawyers, said lawyers for both sides would have the chance to assess potential jurors during the jury selection process, or void dire, for their knowledge of the facts of the case and any preconceived opinions.
"We will have the ability to conduct a meaningful voir dire and pick a fair and objective jury," Wigrizer said.
In addition to her ruling on the change of venue, Sarmina denied motions for summary judgment filed by Basciano and several of his corporate entities and by the Salvation Army. Granting summary judgment would have dismissed Basciano and the others from the case.
Sarmina did grant Simmonds' motion for summary judgment involving any claims against him as an individual. But she also wrote that her ruling would not affect the potential liability at trial of Basciano or any other defendants related to his business.
Wigrizer said he did not think the ruling for Simmonds would harm the plaintiffs' case.
Only two people were criminally charged in the collapse: demolition contractor Griffin Campbell and Sean Benschop, who operated an excavator on site when the unsupported three-to-four-story brick wall toppled and flattened the one-story thrift shop.
Campbell, 51, is serving 15 to 30 years in prison for his conviction on six counts of involuntary manslaughter and related charges. Benschop, 45, pleaded guilty to six counts of involuntary manslaughter and testified for prosecutors at Campbell's trial. He is serving 71/2 to 15 years.
Prosecutors have said they had evidence strong enough to sustain criminal charges "beyond a reasonable doubt" only against Campbell and Benschop for acts immediately causing the catastrophe. Civil cases, however, have a lower burden of proof - something is more likely than not - and the plaintiffs' lawyers say there is more than enough evidence to hold Basciano and others financially liable for damages for the victims and survivors.
In addition to the Basciano defendants, the lawsuit also names the Salvation Army and architect Plato A. Marinakos Jr., whom Basciano's staff hired to oversee demolition and who recommended Campbell for the job.
In court filings, Basciano has shifted the blame to the Salvation Army for not giving his workers access to the store roof to safely take down the remaining wall from a Basciano building being razed next door.
The Salvation Army has maintained that Basciano and those he hired to demolish the neighboring building had sole responsibility to ensure that the building came down without damaging adjacent properties or endangering public safety.
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