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Judge imposes gag order for Salvation Army collapse civil trial

With jury selection set to start next Tuesday in the civil trial surrounding the deadly 2013 Center City building collapse, a Philadelphia judge has barred the parties and their lawyers from speaking to reporters for the duration of the proceedings.

With jury selection set to start next Tuesday in the civil trial surrounding the deadly 2013 Center City building collapse, a Philadelphia judge has barred the parties and their lawyers from speaking to reporters for the duration of the proceedings.

The gag order, requested by an unidentified number of lawyers in what is certain to be one of the most closely watched Philadelphia civil trials in decades, was signed Friday by Common Pleas Court Judge M. Teresa Sarmina "in consideration of ensuring a fair trial."

The gag order became public Monday as Sarmina held the first of several days of pretrial hearings that will determine the scope and form of the trial, and what evidence the jury will be permitted to hear.

Pretrial publicity and the difficulties it could pose for impaneling a fair jury have been concerns since the June 5, 2013, collapse.

In June, lawyers for Richard Basciano filed a motion asking Sarmina to move the trial outside Southeastern Pennsylvania because it would be impossible for the 91-year-old New York-based real estate speculator to get a fair trial in the Philadelphia area.

Sarmina denied the motion, and the lawyers next week will begin what is expected to be a long process to select 12 jurors and several alternates for a trial that the lawyers said could last several months.

The civil case consolidates about 20 lawsuits filed on behalf of the six people killed and 13 injured when an unsupported three- to four-story wall at a Basciano building demolition site toppled and crushed a Salvation Army thrift store at 22nd and Market Streets.

The trial will ask the jury to decide who if anyone is liable financially for the deaths and injuries.

More important for many who lost family or friends in the collapse, or who are struggling with lasting physical and emotional trauma, is that the civil trial promises to be a full public airing of how the collapse occurred and the roles played by a much larger cast of characters.

After a Philadelphia grand jury investigation that lasted two years, only two people were criminally charged: Griffin Campbell, a novice, unlicensed North Philadelphia demolition contractor who was razing a series of Basciano buildings in the 2100 and 2200 blocks of Market Street, and Sean Benschop, the operator of a 36,000-pound excavator, whom Campbell hired to complete the demolition of the former Hoagie City building. Benschop was picking at the remains of the building with the machine's arm when the unbraced wall fell on the thrift store.

Campbell was convicted last year of six counts of involuntary manslaughter and multiple counts of reckless endangerment, and sentenced to 15 to 30 years in prison. Benschop pleaded guilty to the same charges and got 71/2 to 15 years.

Prosecutors said there was no evidence of direct actions by Basciano or Salvation Army officials to support a criminal verdict of guilty beyond a reasonable doubt.

But a civil trial carries a lesser burden of proof - more likely than not - and the plaintiffs' lawyers say they can prove that all defendants participated in a negligent chain of events that led to the collapse.

On Monday, Sarmina held for further review matters relating to evidence:

Should the jury hear about the suicide of Ronald Wagenhoffer? Wagenhoffer was the inspector for the Department of Licenses and Inspections assigned to the Market Street demolition. He killed himself a week after the collapse, leaving a note saying he was haunted by the loss of life and injuries.

The plaintiffs' attorneys argued that information about Wagenhoffer should be withheld from the jury because L&I and its officials are not being sued.

Plaintiff's attorney Steven G. Wigrizer maintained that L&I has no legal "duty to act" when confronted with a dangerous situation and thus could not be sued. L&I could only be sued if its employees took some action that causes death or injury.

"What is the jury to do with this information?" Wigrizer said, referring to the suicide. "They [defense attorneys] want the jury to infer that L&I was at fault."

Should Basciano's wife, Lois, be called to testify? The couple's lawyer, Thomas A. Sprague, maintained that she cannot be compelled to testify because of the legal privilege to not testify against a spouse.

Wigrizer, however, argued that Lois Basciano worked for Richard Basciano before they married in 2008, and that her knowledge of the workings of his companies and his finances predated the spousal privilege.

Wigrizer also said Lois Basciano was a key eyewitness to the collapse. She and her husband walked by the demolition site minutes before the building fell and met with Campbell. Richard Basciano reportedly left to use a restroom, and his wife stayed with Campbell and witnessed the collapse.

jslobodzian@phillynews.com

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