Wednesday, June 4, 2008

Claims of Assault, Sexual Molestation & Civil Rights Violations

A news conference was held by the Lancaster Post on Wednesday afternoon. Much of what was presented has been covered by prior NewsLanc reports. But there was some significant new information.

At the outset, Chris Hart Nibbrig, Editor, announced a complaint was being lodged with the FBI concerning violations by Franklin and Marshall College of his and Ron Harper, Jr.'s civil rights.

Also, Hart Nibbrig said that tomorrow their attorneys would seek a Temporary Restraining Order against F & M from a federal judge in Philadelphia to prevent F & M from interfering with their Fourth Estate rights.

He later further indicated that after publishing this week's edition, he and Harper will consult with attorneys about the filing of a criminal complaint against F & M personnel with the Lancaster Police.

Ron Harper, Jr., News Editor, reported that he has video tapes of an individual taking the entire stacks of the May 30 Lancaster Post tabloids from two Turkey Hills and the identify of the individual will be made known in their June 6th edition.

Harper claimed that Lancaster Police did not treat the earlier theft of a Post distribution box from the SW corner of Marietta and School Lane "as an important matter and a First Amendment offense."

Harper speculated that the middle age lady in the back ground yesterday when a groundskeeper first accosted Harper was the wife of F & M president John Fry. After the press conference, Harper told NewsLanc that he had heard that Mrs. Fry had called out the F & M security force unnecessarily on other occasions.

Harper said that in preparing last week's front page story about the alleged burglary, he had asked Fry "Did you lobby the District Attorney to let the students off lightly?" Instead of answering, Fry had a letter hand delivered to Harper telling him that he could not step foot on F & M property.

Editor Chris Hart Nibbrig said that six security persons surrounded them and seemed to be after Harper. "Ron said don't touch me. We didn't do anything wrong."

According to Hart Nibbrig: "To watch a personal friend, a partner, a good guy, being thrown down, just because he published a story that the man across the street didn’t agree with, is despicable. We intend to pursue all of our legal rights."

Harper had a highly visible contusion on his right temple. He said he has been under treatment for a back injury for some time.

Harper said he heard the security guards saying "The president is here. The president is here." According to Harper, "I could see that John Fry was across the street and was supervising this."

Harper especially singled out F & M Public Safety Sergeant Edward Carroll for criticism: "He physically assaulted and definitely sexually molested me." Harper claimed that Carroll three times fondled Harper's testicles over a period of several minutes while Harper was handcuffed.

Harper also said he was not allowed to call his attorney despite his repeated requests.

Harper added that two of the Publilc Safety Officers did treat him with respect when he was kept in a cell at the security office for two hours.

Hart Nibbrig was detained in handcuffs against his will. He received a "Defiant Trespass Citation" from F & M.

Harper announced that twenty-six minutes of video recording showing the placement of the box was entirely within the right-of-way is now posted at www.LancasterPost.com/media. The area is used as a Red Rose Transit Authority bus stop.

According to Hart Nibbrig, his camera was returned but some photographs had been deleted.

Harper said he had a message for F & M’s president: "John Fry. We will not accept your Philadelphia bully tactics here in Lancaster County"

He added "John Fry is the most unqualified academic president that Franklin & Marshall has ever had. He lacks the moral integrity to be at the helm of a police force which he chooses to use as a bunch of bullies and jack booted thugs. We must demand accountability when they have abused their power."

Fourteen persons, including representatives of Channel 21 and Channel 11 and the Sunday News attended the press conference. Not present were WGAL and Fox 43.

F&M Denies Incident Has Anything to do With Article

"We want to emphasize this incident was not about a newspaper box," said Dulcey Antonucci, Director of Media Relations of Franklin & Marshall. "We recognize the right to distribute newspapers to the public."

Antonucci confirmed this is why the newspaper box has not been removed from the intersection.

The incident had to do with Harper defiantly ignoring the previously issued no trespass letter. That letter was issued solely to protect the safety and sanctity of President Fry's family.

Antonucci said she "did not know why Nibbrig was arrested."

The PSO report is being turned over to the City Police today. NewsLanc has requested a copy from the city police.

F & M Claims City Police Failed to Respond

As a follow up to coverage of the altercation on Tuesday afternoon between F & M security and Lancaster Post editors Ron Harper, Jr. and Chris Hart Nibbrig, at 8:05 AM, NewsLanc reporter George Sheldon stopped at the Franklin & Marshall Public Safety Office (PSO) and spoke with Mark Ennis. He declined to speak about the incident. He advised Sheldon to contact F & M Media Services.

At 8:30 Sheldon met with Desk Sgt. Wenner at City Police Station. She knew nothing of the incident (the shift was off yesterday). She told the reporter to contact Sgt. Mike Branner by phone, and leave a voice message. Branner was not in his office.

In route to endeavor to interview F & M President John Fry, Sheldon called Hart Nibbrig. Hart Nibbrig said there would be a press conference at 2:00 PM. He stated City police were not called by F & M security at the time of the incident.

Sheldon spoke with Deb Brooks at Fry's office at 9:20 AM. She said he was not in and referred the reporter to Nancy Collins at the Media Services Offices.

Sheldon met with Dulcey Antonucci, Director of Media Relations of Franklin & Marshall, and Nancy Collins, VP for College Communications. They said they did not read/receive the PSO report: they said it has been turned over to their attorney and is privileged information. They said they don't know the details of what happened. They learned the details of the incident from NewsLanc.

Sheldon gave them a series of questions, which they promised to answer.

Later in the morning, Antonucci notified Sheldon that PSO had not deleted images from Ron Harper, Jr. and Chris Hart Nibbrig's camera. She said the security personnel took the camera, placed it on the ground, then picked it up, placed it on the vehicle, then when the two were transported, the camera was placed in property bags at the PSO. The camera was returned when both were released.

Also, Antonucci said Lancaster City/Lancaster Township Police were called by the F & M PSO. She stated Lancaster police never arrived!

Editor's note: NewsLanc will follow and report on developments throughout the day.

Lancaster Post Schedules Press Conference

The following was receive at 9:50 AM from the Lancaster Post.


Post Publisher Pummeled by Franklin & Marshall Cops

Press conference calling for Federal actionTime: 2:00 pm
Place:19 N. Mulberry St., Lancaster
Date: June 04, 2008

Lancaster Post co-Publisher, Ron Harper, Jr., was brutally assaulted by a half dozen Franklin & Marshall police yesterday. Mr. Harper sustained injuries to head, back, and arms that required medical attention.

The incident was captured on videotape until the camera was ripped from Harper's hands. It took place on a public road in Lancaster Township nearly 3/4 of a mile from the campus at approximately 2:00 p.m. June 3, 2008.

Mr. Harper and co-Publisher, Chris Hart Nibbrig, met on Marietta and School Lane in order to place one of their newspaper boxes on a public right of way. A box had been stolen over the previous weekend.

After the box was legally installed, a phalanx of Franklin & Marshall security vehicles descended on the journalists. Approximately six officers surrounded Harper and took his video camera, which he was using up to this point.

Mr. Hart Nibbrig was taking pictures of the encounter. His camera was also confiscated and when the camera was returned pictures of the assault were deleted.

Mr. Harper, who is recovering from a vehicle accident, was then body slammed to the ground by four of the officers, although he could be heard saying, "I am not resisting."

Both Harper and Hart Nibbrig were handcuffed separately and taken to Franklin & Marshall College for "processing."

Mr. Harper was detatained for more than two hours and charged with disorderly conduct and criminal trespass. Mr. Hart Nibbrig was given a "Defiant Trespass Warning," which prevents him from entering any Franklin & Marshall-owned property.

The journalists are calling for a Federal investigation of the violation of their Constitutional rights.

A press conference has been scheduled.

COMMENTARY: Who is F & M's President John Fry?

John Fry is not your ordinary college president. The position conjures up the vision of a distinguished academic with graduate degrees in arts or science, usually an earned doctorate, a career of teaching, and the author of articles and books.

Instead, Fry received an undergraduate degree in American Civilization at Lafayette College. He then earned a Masters of Business Administration (M.B.A.) at New York University's Stern School of Business in 1986.

Prior to accepting the position as the 14th president of Franklin and Marshall College, Fry served as executive vice president of the University of Pennsylvania.

According to a statement by the U of P President Judith Rodin at the time that Fry left for F & M, Executive Vice President Fry played "a key part of the leadership team that implemented significant and wide-ranging change at Penn. John's energy and drive helped propel the realization of the strategic plan, and he recruited a highly talented team to work with him on these efforts. John leaves the University a dramatically changed and vastly improved institution."

Prior to joining Penn, Fry was employed by the international business consulting firm of Coopers & Lybrand in New York where he became a partner-in-charge of national higher education and not-for-profit consulting.

An apparent condition of Fry agreeing to come to F & M was the college providing its president with a house and grounds suitable for living and entertainment purposes. It is common for catered affairs to take place under tents and within the residence. F & M personnel maintain the grounds in immaculate condition and both city police and college security cars drive by the house on a regular basis, usually slowing down to take a careful look.

Under Fry's leadership, F & M has raised much money, undertaken an expansive building program, and has set forth a strategic plan that many in the community have found breath taking. Also Fry has played an important civic role, especially in co-founding the James Street Improvement District.

Fry would likely be a successful business executive in almost any corporate capacity, and his demeanor and talk are typical of a corporate CEO.

Although much admired for his fund raising, development and vision for F & M, some have observed that Fry is not receptive to ideas counter to his own and can interpret disagreement as hostility. This is not a characteristic of most academics, with the notable exception of Woodrow Wilson who was president of Princeton prior to becoming president of the United States.

If reports by professional journalist Christiaan Hart Nibbrig, Editor of the Lancaster Post, concerning the actions of F & M's security guards are accurate, the question in many people’s mind will be "What was John Fry thinking?"

The background for the bizarre events is resentment over the Lancaster Post publicizing an alleged late-at-night burglary by two students of the Iron Hill Brewery, situated below their college residents.

According to information reaching NewsLanc, the college had officially warned Ron Harper, Jr., News Editor of the Post, of serious consequences should he step foot on F & M property.

Subsequently, thousands of copies of the Post carrying the article were removed by one or more individuals from various Turkey Hill stores.

Later a Post distribution box that had been set in the right-of-way on the corner across from the Fry residence was apparently stolen.

The ostensible purpose of moving the box to the right-of-way at the corner of the Fry residence was to secure it by means of a chain to a street sign pole.

This is a fast developing story that is likely to be carried by the national press. NewsLanc will post updates from reporter George Sheldon throughout the day.

A Quieter, Gentler Conestoga Gathering

More than 80 residents packed the Conestoga Township Supervisors' Meeting on Tuesday, June 3, to discuss the Barnabus House on Main Street. With dozens more standing outside the township office, the crowd endured sweltering heat in the room to hear anything new.

As reported by NewsLanc on Friday, May 23, Barnabus House is set to move. It was announced that the ministry is likely to move before this Friday. The new location, although in Lancaster County, has not been revealed.

The residents of Conestoga were much more subdued at Tuesday's meeting than they were at their last previous public meeting – called by community residents and not an official government meeting – which was held Monday, May 18.

Since the Barnabus House is moving, the crowd was restrained. They seemed more focused on changing the township's zoning laws.

The supervisors agreed that it is likely that the zoning ordinance will be tweaked and changes made that restricts transitional housing.

Conestoga's Main Street has become dotted with "No Trespassing" signs over the past weeks. Long-term residents erected the signs to keep the four residents of Barnabus off their property. There have not been any reports of trespassing before or after the signs were put up.

Neither Tom Armstrong, former State House Representative that set up the Barnabus House, nor any of the four residents living in the house, attended Tuesday evening's meeting.

Did F & M engage in Gestapo like tactics?

At approximately 4:30 PM on Tuesday, Christiaan Hart Nibbrig, Editor of the Lancaster Post, contacted NewsLanc to report what appeared to be a series of civil and criminal offenses conducted by security personnel of Franklin & Marshall College against citizens, members of the media, acting within their legal rights. Among the possible offenses are: False arrest, assault and battery, holding someone in custody illegally, and violation of civil rights.

What appeared to trigger such an over reaction was the legal placement of a box for the distribution of Lancaster Post tabloids in the State Right-Of-Way in proximity to the residence owned by Franklin & Marshall College for the use of its president, John Fry. What preceded Tuesday's incident was a front page article by the Lancaster Post describing the alleged burglary of bottles of liquor from the Iron Hill Brewery by two students of F & M.

NewsLanc requested that Hart Nibbrig provide a written description of what took place and it is published below at 12:30 AM on Wednesday, June 4, without further comment. However NewsLanc will seek to interview John Frey, members of F & M's security force, and City / Township authorities and report further on the incident later in the day.

The following is Hart Nibbrig's statement to NewsLanc. Given the seriousness and historic importance of the accusations, NewsLanc is not altering typographical errors or grammatical mistakes.

On June 3, 2008 at approximately 2:00 p.m. I met Ron Harper, Jr., my business partner and co-Publisher of the Lancaster Post newspaper at the southwest corner of Marietta Avenue and School Lane in Lancaster Township, Pennsylvania. Mr. Harper and I were going to install a newspaper box at the northwest corner of Marietta and School Lane on public property.

We brought the box across the street and were securing with a chain lock to the street sign when we were approached by a man approximately 55-60 years of age, white, wearing a shirt with the Franklin & Marshall insignia who said we could not put a box where we were putting it.

Mr. Harper replied, "The Constitution says that I can."

The man asked, "How long are you going to leave it there?"

Mr. Harper replied, "As long as I want."

I took photographs of the man and Mr. Harper speaking. The man turned and walked away back toward 508 N. School Lane. I then walked up School Lane, never entering the property, and took at least two photographs of the man speaking with a middle aged woman in civilian clothes in the driveway.

I walked back down (south) School Lane to return to my car. Mr. Harper had crossed the street and was standing near his car when I heard sirens and saw several official police-type vehicles, lights flashing, approaching us at a high rate of speed. I crossed the street and stood next to Mr. Harper as several (I would estimate six) Franklin & Marshall College security vehicles screeched to a halt surrounding us.

We were on the southwest corner of Marietta Ave. and School Lane, a public road, standing next to Mr. Harper's vehicle. Many uniformed Franklin & Marshall uniformed security staff emptid out of the vehicles and immediately went for both of us, with most of the uniformed men surrounding Mr. Harper.

I hear one of them say, "So you are Mr. Harper?"

I took a few photographs of the uniformed men; Mr. Harper was videotaping at the time. I took photographs of several of the uniformed men as they closed in on Mr. Harper. One of the men grabbed my camera from my hand and confiscated it.

I was told to put my hands on the hood of the car. Mr. Harper was directly in front of me to the right when I saw several of the uniformed men grab Mr. Harper forcefully. I heard Mr. Harper say, "I am not resisting you." I saw that Mr. Harper was not resisting the men.

Then the uniformed men, four of them, brutally slammed Mr. Harper face first onto the public street. The violence of the body slam was shocking to witness.

I heard the "Sergeant" instruct the uniformed officer who had his hand on my back as my hands were spread on the back of one of the vehicles to "cuff him," referring to me. I was told that to protect their safety I was being handcuffed. I had not said a word, had cooperated without any resistance, am 5'6" and weigh 155 lbs. I was wearing sandals and shorts. I was a threat to no one and exhibited absolutely no threatening behavior.

Sitting in the back of the car for approximately half an hour, I heard on the uniformed mens' radios that "The president is here," I could see someone who looked like Franklin & Marshall president, John Fry, dark suited, on the lawn across the street watching Mr. Harper and me being taken into custody.

Mr. Harper and I were taken, handcuffed, in separate vehicles to Franklin & Marshall College, where we were detained and interrogated.

I was released with a Defiant Tresspass Warning, which states that I will be arrested if I step onto any Franklin & Marshall property, including public restaurants on land owned by the college. I was accused of "criminal tresspass on Franklin & Marshall properties." This was verifiably false, as Mr. Harper videotaped the entire incident and it is clear we were very careful not to enter F&M property at any time.

My digital camera was returned, but several photographs I had taken of the incident were deleted.

This incident was totally warrantless. We committed no crime. We published a newspaper story critical of the college president, and we were assaulted and taken against our will, although we broke no laws.

Tuesday, June 3, 2008

New Block Grants Funded

Lancaster County Commissioners will be approving the Community Development Block Grant fund (CDBG) allocations at their regular June 4th Meeting. Requests of over $800,000 were received, but with less than $500,000 available, officials had to choose which programs they would approved.

The funding, which comes from HUD, is heavily weighted on citizen participation and is performance based.

"These are never easy choices," Aimee Tyson, Community Development Director, Lancaster Redevelopment Authority said.

Each month, agency’s are required to provide detailed reports which are monitored.
'These are the most flexible of Federal funds," Tyson said. "They are considered bricks and mortar fund, and serve all kinds of needs."

Here is how this year’s funds are being allocated:


Agency Program CDBG Allocations:

Tabor Community Services, Family Self-Sufficiency $16,464.00
Community Action Program, Outreach and Case Management $70,000.00
YWCA of Lancaster, Sexual Assault Prevention and Counseling $22,000.00
Family and Children Service, Teen Pregnancy and Parenting Program $14,411.00
Tabor Community Services, Transitional Living Center $25,920.00
The Lodge, Inc. of PA, Supportive Housing and Outreach Program $14,000.00
Welsh Mt. Medical & Dental Center, Medical and Dental Services $54,560.00
The Gathering Place, Case Management for HIV/AIDS $30,000.00
Tabor Community Services, Rental Counseling to Prevent Homelessness $39,000.00
Tabor Community Services, Shelter to Independent Living $30,910.00
Tabor Community Services, Jubilee House $ 5,855.00
Catholic Charities, Lancaster Intensive Day Treatment $18,000.00
MidPenn Legal Services, Civil Legal Representation $48,400.00
SouthEast Lancaster Health Services, Health Services for Non-City Residents $26,400.00
Crispus Attucks Community Center, Emergency Homeless Shelter $16,000.00
Community Action Program, Domestic Violence Services $52,800.00
Clare House, Inc., Case Management Program $ 5,280.00


TOTAL: $490,000

New County Budget Services Office Proposed

Lancaster County Commissioners received a proposal to establish a new Budget Services office at their Tuesday Work Sesssion.

The proposal, submitted by Maggie Weidinger, Director of Information Technology, was well received by Commissioners Dennis Stuckey and Craig Lehman. Commissioner Scott Martin did not attend the meeting.

Weidinger proposed adding a fifth division to the current four division Information Technology (IT) department. The department would be supervised by the County Administrator.

"This is a great idea," Commissioner Lehman said. "I think what it does is really enhance our budget capacity. This is really the first step toward institutionalizing and professionalizing the process in the way I think it should be done"

"We’ll be a leader in this," Commissioner Stuckey added. "This is something I support. It’s my philosophy of a business-way of doing things."

Weidinger said is makes sense for the IT department to establish the Budget Services office since her department has been part of the budget creation process providing "financial data mining" services for years.

"One of the things I heard from the Board (county commissioners) was that it is very important to the Board to have an open and transparent budget process," Weidinger said. "That’s one of the key things you want IT to bring to this."

Adding the Budget Services as a fifth division to the county IT department will have little effect on current budget, since it will only require a reallocation and upgrading of a vacant IT business analyst position, and will use existing administration and analytical staff. The additional costs to the IT department are estimated to be $4700 in 2008.

One of the challenges county officials face each year with the budget is working with state and federal fiscal years. All three are different, making some department run out of money while awaiting funds.

Weidinger indicated the move to create the new Budget Services division within IT should help county employees to understand their current financial situation. Weidinger also said it would help with multi-year budgeting.

Red Rose Transit Adding Service in August

David Kilmer, Executive Director, Red Rose Transit Authority (RRTA) announced at the Tuesday County Commissioners Work Session that additional service to current Lancaster County bus routes is coming in August.

Kilmer said there would be later trips added on the current routes, including to the outer portions of the county, due to an extra $700,000 in federal and state funding.

"Being a squeaky wheel works," Kilmer said. "And we’ve been squeaky."

Kilmer said the recent 15-cent fare increase will only cover rising fuel costs, and has no effect on the extended service.

Help from Congressman Joseph Pitts and the two Pennsylvania senators to keep funding in place is enabling the additional service. Kilmer said RRTA has been constantly seeking additional funding. RRTA receives maximum funding because of its and the county’s growth.

The extended service cannot start sooner than August because of the time it takes to hire more drivers, print schedules, and make adjustments in operations.

Kilmer told the commissioners that he is exploring the possibility of adding a commuter service from Lancaster to both York and Reading.

County to webcast budget process

Later this year, as Lancaster County begins working on the budget for 2009, "an open and transparent budget process" will include webcasts of the public meetings.

Plans for the webcasting were announced at Tuesday's County Commissioners’ Work Session.

There will also be improved access to budget documents for both county employees and the public.

Lancaster Post Being Ripped Off

Publishers of the recently introduced Lancaster Post say they're having a problem keeping their newspapers on the shelves of Turkey Hill stores in Lancaster where they're offered free of charge.

They suspected such a great and sudden removal was not a question of popularity. So they set up surveillance after restocking the stores and very soon their suspicions were confirmed. They found people were taking the papers in bunches from a number of display shelves.

"A tall lanky man got out of the minivan he was driving, sauntered across the parking lot, walked into the store, spent a few minutes and came out with my entire stack of newspapers," said publisher Ron Harper Jr. Harper did not disclose whether the party was identified.

Harper estimates as many as 6,000 of their papers have been taken by one person. He believes it's in response to a controversial story the Post did about two Franklin & Marshall College students.

The paper contended the students got preferential treatment in what they say was the burglary of the Iron Hill restaurant in the midst of the Franklin & Marshall campus and situated under residences for upper class students.

In one case, an entire roadside box of newspapers was taken. The boxes cost several hundred dollars, so this would be larceny.

Harper talked to police about the thefts. Police said they haven't looked into the case yet, but they wonder what crime has been committed since the paper is free.

Harper said the incidents are thefts which are hurting the newspaper. "We have advertisers that have paid thousands of dollars to us to get our readers and now those advertisers are not getting their money's worth," he said.

Monday, June 2, 2008

Wachovia Sacks CEO Over Credit Losses

It was announced today that Wachovia's board has asked CEO Ken Thompson, 58, to retire.

Wachovia Bank posted a $393 million first-quarter loss. It had set aside $2.8 billion earlier this year to cover losses with problem loans.

Wachovia had stepped in to provide credit enhancement for bonds for both the Convention Center and Marriott Hotel after other banks and financial institutions had declined. According to the PKF Feasibility Study of 2006, the project is so fraught with peril of heavy losses that there was speculation that Wachovia's bailing out the project was quid pro quo for some other benefit elsewhere in the state.

In almost the last act of the former commissioners and the first act during the short period of a county majority on the LCCCA board (prior to the resignation of county appointee Tom LeCrone), the Authority agreed that its revenues would first go toward debt service. This protects the county from possibly (perhaps likely?) having to pay half of the interest expenses on over $40 million in borrowings.

Sunday, June 1, 2008

Biography - Robert Edwin Field, NewsLanc's President

Graduate of University of California - Berkeley, BA '59 with major in economics. Semi-retired builder, owner and operator of apartment complexes and hotels (TheManorGroup.com). Partners with son Richard who develops real estate and planned communities in Eastern Europe. Executive producer for award winning motion pictures "Liquid Sky" (1983), "Diamond Men" (2001), and the documentary "Stalin's Wife" (2005). The motion picture "Perestroika" is to be released early in 2009. Finance chairman of Arlen Specter's successful 1980 state wide senatorial campaign. Co-founder with Melvin R. Allen of Project Forward Leap, for twenty years a program providing five weeks of educational overnight summer camp plus a year around academic support program for about 300 inner city youngsters annually of academic promise. Founder of Central Pennsylvania Syringe Exchange. Co-founder with Kevin B. Zeese of Common Sense for Drug Policy. Co-sponsor (2002 - 2005) of a state and federally approved Lancaster Prototype Methadone Program permitting local prescription fulfillment and medical care for stable clients while patients remain under aegis of a regional methadone clinic. Publisher of NewsLanc.com.
Committed to the concept that an accurately informed public will make sound policy decisions over the long run.