Pennsylvania lawyers are bound by a Professional Code of Conduct. The code specifically prohibits a district attorney from “making an extrajudicial statement that a lawyer knows… will be disseminated by public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.”(Rule 3.6) In other words, don’t say anything that might lead potential jurors to prejudge a defendant.

District attorney Raymond Tonkin violated this code with a recent campaign mailer featuring a photo of Eric Frein, shown with battered face and garbed in jailhouse orange. Within inches of the photo is Tonkin’s boast that he “is the only candidate who has ever prosecuted a murderer.”The juxtaposition of Frein’s photo with Tonkin’s reference to “murderer” could prejudice the jury pool, half of whom received the flyer. Frein’s lawyers quickly jumped on Tonkin’s irresponsible act to request [a] change of venue. This is not the only time that Tonkin has employed such vile tactics, but it is by far the most shameless use of Frein as piranha bait.

He topped this recklessness with his latest mailer in which he labels his opponent a liar—without providing a scintilla of evidence as to what he purports she lies. Instead, he distorts information about Kelly Gaughan’s history and further claims endorsement by “law enforcement.” Hogwash. He’s been endorsed, not by police or state troopers, but by our sheriff who is charged by the PA Constitution, not to enforce the law, but to “serve process and execute orders… ”

In his frenzy to be re-elected, Tonkin has violated the Professional Code of Conduct, sullied the office of district attorney, insulted state troopers with claims of “back-room” dealing, smeared his opponent as a dangerous liar, misled the public and endangered a major murder case. It’s frightening to think what his encore might be if re-elected.

Carrie Thomas

Shohola, PA