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LEHIGH VALLEY WEATHER

Taking it up in court

Coplay politics has reached the court system. And it's not stopping there.

Borough Councilman Carl Luckenbach pled guilty Sept. 23 to disorderly conduct, stemming from a private criminal complaint filed by Councilman Bill Leiner Jr.

Leiner is now calling for Luckenbach's resignation from council.

"It's not a council issue," said council President Lou Bodish, contacted by phone Oct. 19. "It is a personal issue between Mr. Leiner and Mr. Luckenbach."

When asked if he would request Luckenbach's resignation, Bodish repeated, "It is not a council issue."

What happened

According to Leiner's complaint, filed Aug. 4 with Magisterial District Judge Robert Halal, Luckenbach threatened Leiner at the St. Peter's church picnic Aug. 3.

Leiner and his wife, Cynthia, were talking to Councilman Steve Burker and his wife, Flossie, along with Catasauqua resident Sam McCarty, when Luckenbach approached them, according to Leiner's complaint.

"Mr. Luckenbach proceeded to publicly, in a clearly audible tone of voice, say and repeat variations of the following: 'There he is. My worst person ... If I could kill you now and get away with it, I would. I would slit your throat right here.'"

Leiner tried to diffuse the situation with humor and compliments but was unsuccessful, the complaint says.

"My wife expressed that she is fearful that Mr. Luckenbach could act out on his threat. I was astonished [by] what was said and as I reflected about the matter I feel fear at what this gentleman could do, based on this outrageous behavior," Leiner wrote in his complaint.

Burker said Oct. 19 he heard an exchange between Leiner and Luckenbach but did not hear Luckenbach threaten to slit Leiner's throat. He and his wife left the conversation because she wanted pierogies, he said.

"What was said after that, I don't know," Burker said.

During an executive session for personnel at the Aug. 5 Coplay Borough Council meeting, the incident was discussed, say Leiner, Luckenbach and Burker.

During that session, Luckenbach apologized to Leiner and they shook hands, the three men say.

"There was an exchange of words between Leiner and me," said Luckenbach in a written statement given to The Press Oct. 14. "I said some things I should not have said. I certainly did not mean what I said. They were angry words. I regret them."

Luckenbach's statement says he apologized and shook Leiner's hand, thinking that would be the end of it.

"I accepted that apology," said Leiner during an interview Oct. 13, "but I very clearly said it has to be in writing and it will be at the magistrate."

Legalities

Leiner sent a certified letter, dated Aug. 5, to Luckenbach, saying he would not litigate if Luckenbach signed letters of apology to his wife, McCarty and the Burkers.

"In order to conclude the matter without litigation, I am respectfully asking you to review and sign the brief letters," Leiner wrote to Luckenbach. The letters he wanted signed say, "Please accept my apology for my poor choice of words at the Aug. 3 St. Peter's church picnic used with speaking with ... Bill Leiner Jr."

Luckenbach never picked up the letter, so it was returned to Leiner, he said.

Halal's office sent a summons from Leiner's Aug. 4 complaint to Luckenbach Sept. 12. Luckenbach pled guilty Sept. 23 and paid a $25 fine plus costs, for a total of $168.

Had he pled not guilty, a hearing would have been scheduled, according to Halal's office.

"I paid the $25 fine (plus costs) because I thought I should. I really did feel bad about what I did," Luckenbach said in his written statement. "Now I realize I should have gone to the hearing and have my say. After reading the complaint over carefully, I feel it was exaggerated."

Resignation?

Leiner has begun distributing fliers to Coplay residents containing the narrative from the his complaint.

"Everyone in town is going to get one on their front porch," Leiner said Oct. 13. "If any elected official threatens to kill somebody – a fellow elected official – and you plead guilty to it and pay a fine, you should not stay on the board."

Leiner also sent a letter to The Press, members of council and borough Secretary-Treasurer Sandra Gyecsek Oct. 15 saying each person will receive "a letter containing the criminal complaint I filed about the crime Carl Luckenbach perpetrated on Aug. 3 ... I have been and will be distributing this letter throughout Coplay and beyond."

Leiner said in the letter he had hoped Luckenbach would resign during the council workshop Oct. 7 or the meeting Oct. 14.

"Everyone I have spoken to said [Luckenbach] must resign. It is disturbing to learn that [council] President Bodish said he will not ask [Luckenbach] to resign," he wrote.

"In about two weeks I will be sending this letter and a cover letter to all Lehigh County elected officials and school board members ... for them to learn how the controlling members of Coplay council have done nothing in this matter," Leiner wrote.

He concluded the letter by saying Luckenbach needs to apologize in writing to Leiner's wife, "who remains upset and fearful because of his crime."

Reactions

"This is very typical Bill Leiner – self serving, self promoting drama," said Councilman Charles Sodl, contacted by phone Oct. 19.

"In my opinion, [Leiner] always takes everything and tries to make it about him," said Luckenbach in his statement. "It looks like it is for his own enhancement and political gains. But again, that is my opinion. Sitting on council is a privilege and should never be used as a stage."

Both Sodl and Burker disputed Leiner's claims that, when shaking Luckenbach's hand, Leiner said a written apology was necessary.

"Mr. Luckenbach apologized to Mr. Leiner more than one time," Sodl added.

"When you shake hands ... I always thought that was an honorable way of saying it's over," Burker said, asking why Leiner shook Luckenbach's hand if he intended to go to the magistrate all along.

Leiner insists he made himself clear and anyone on council who didn't hear that has "pretend hearing loss syndrome," said Leiner Oct. 13.

Sodl said he does not condone what Luckenbach said but appreciates the fact that he accepted responsibility with his guilty plea. Now it's time to move on, he said.

Both Burker and Sodl said Leiner has acknowledged Luckenbach paid his debt to society.

Sodl asked why, then, does Leiner continue to press the issue? He also pointed out the incident took place Aug. 3 and remains an issue now, more than two months later.

"All this wasted energy could be used for something positive," Sodl said. "We're just wasting our time with this nonsense."

Cynthia Leiner told The Press Oct. 13 she remains fearful for her husband's safety.

"I was stunned," she said of the Aug. 3 confrontation. "[The threats] just kept on going."

Bill Leiner said if he had said something like that to another council member, "They'd all be after me."

Legally, Luckenbach does not have to resign from council because of his guilty plea. But the Leiners believe he should.

Burker disagrees.

"I don't think [Luckenbach] is going to resign and I'm not going to ask him to resign," Burker said.

He said he agrees with Bodish, that this is not a council issue and said Luckenbach's ability as a councilman is not affected by these events.

"It has nothing to do with council. It has nothing to do with the Borough of Coplay," Burker said.

He also spoke well of Luckenbach.

"Do I feel safe around [Luckenbach]? Sure I do. Is he invited to my house? Anytime," Burker said, asking why Leiner is still not satisfied. "As far as I'm concerned it's over. We're moving forward."

Other council members and Solicitor James Preston did not return phone calls.