Lehigh Valley

Pawlowski's lawyer makes motion to dismiss indictment

Decision based on "recordings that show innocence"

ALLENTOWN, Pa. - Attorney Jack McMahon made a motion Wednesday to dismiss the indictment against Allentown Mayor Ed Pawlowski.

McMahon calls into question the methods used by investigators.

"The government used a false narrative to allegedly mislead the grand jury," McMahon said. 

A grand jury was empaneled by the government to investigate Pawlowski and four others for corruption. To assure accurate information and independence, witnesses with first hand knowledge must testify before the grand jury. This eliminates any evidence that could be vague recollection.

"With this legal standard in mind an examination of the unchecked, unreliable, misleading
and simply false narrative the government attempted to portray is very illuminating and
disturbing. A good, fair and true investigation does not begin with a conclusion and then set out
to find evidence that fits that conclusion and hide, cover-up and mislead on evidence that clearly
negates the original conclusion," McMahon said in his motion. 

McMahon says getting a first hand testimony of Mike Fleck, a man working for Mayor Pawlowski on his campaign and as a consultant for other companies and individuals for business development, would have been the right move. However, he did not testify before the grand jury. 

"...the government chose to proceed by an inferior way so they could continue the misleading of the grand jury regarding the true facts," McMahon said in the motion. 

He says statements in a previous interview with Fleck in 2015 were taken as true facts, when it was false and "the government knew it was false yet allowed the summary....to be fraudulently put before the members of the grand jury."

"Mike Fleck, after being confronted and solicited by FBI on May 10, 2015, agreed to
cooperate and wear recording devices. On March 12, 2015, Mr. Fleck was recorded,
unbeknownst to him, by Sam Ruckelwicz when he met with his staff after meeting with FBI.
This recording shows the fabrication of the above grand jury testimony and even more so, shows
the innocence of the government’s target, Mayor Pawlowski," McMahon said in the motion. 

McMahon says in his motion that the recordings and transcripts "unequivocally demonstrates" that the man closest to Pawlowski says the mayor has "never done anything wrong."

In addition to Fleck, multiple other individuals were wired and their conversations were documented in regards to the pay-to-play scheme.

McMahon uses the recordings as evidence to show the mayor's innocence. 

He specifically states in the end of his motion:

"The government, through this indictment and press conference, has posited a systematic
pay-to-play scenario with city hall up for sale to the highest bidder. The concept of “trumped up charges” based on all of the above should be obvious - the main informant/witness says the mayor has never done anything wrong.

"The mayor himself is recorded expressing his intent to never cross the line and to always act ethically, the mayor is recorded explicitly rejecting pay-to-play offers, multiple contractors have indicated they don’t get business for contributions and over a thousand recordings and not one direct pay-to-play scenario."

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