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Team 4 Update: ACLU Appeals Complaining Neighbors Harassment Conviction

POSTED: 5:08 pm EDT July 17, 2008

Attorneys for the American Civil Liberties Union filed an appeal of Marshall Pappert's harassment conviction in Pennsylvania Superior Court Wednesday.

Team 4 investigative reporter Jim Parsons first broke this story in April and he has followed the story to bring you the latest updates.

Bridgeville resident Marshall Pappert was stunned that he lost the appeal of his harassment conviction before Judge Robert Gallo. So was his attorney from the American Civil Liberties Union.

Pappert sent dozens of letters to local, state and federal officials complaining about the noise and dish from a concrete plant across the street from his house.

Last week Common Pleas Court Judge Robert Gallo upheld Pappert's conviction, scolding him for complaining too much to borough officials.

“We're gonna have to digest this because it was not expected,” said Bruce Boni after the Gallo's decision.

The most shocked person in the courtroom was Bridgeville Borough Councilman Pat DeBlasio.

“I thought I’d have to be in some other country to see this,” DeBlasio said.

At issue were the dozens of letters Pappert wrote over the course of a year to Bridgeville and its borough manager, Lori Collins, about the concrete plant across the street from his house.

Pappert has been frustrated with borough officials over the noise, the dust and the trucks on his street. What finally convinced police chief Ed Bogats to arrest him was an angry voice mail Pappert left for Collins.

The voice mail Pappert left said, “I'm asking you as a Bridgeville resident of 56 years to resign and get off of your position. Do the right thing.”

In upholding the harassment conviction, Gallo told Pappert in court, "You're picking on her (Collins) ... you can't harass the borough secretary if things aren't getting done."

Gallo fined Pappert $300 and threatened to throw him in jail if he contacted Collins again.

“I didn't think I would see in this country that type of result,” said DeBlasio. “I thought we had a right to send letters.”

“If they don't like what you have to say, they can ignore you and suffer the political consequences the next election cycle,” Boni said. “But they can't use the awesome power of criminal prosecution to squelch speech and intimidate people.”

The ACLU argues Pappert has a first amendment right to communicate with Bridgeville Borough officials.

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