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Non-lawyers learning in Habay hearing

HARRISBURG -- A Commonwealth Court judge gave wide latitude to four non-lawyers appearing in court to present a civil lawsuit against Rep. Jeffrey Habay, R-Shaler.

Judge Robert Simpson sometimes corrected and often guided the North Hills residents on how to lay a foundation for introducing evidence and how to ask questions properly.

He is patient and appears somewhat bemused by the efforts of George Radich and Janet Martin, both of Shaler, to present the case. The other two petitioners, Raymond Anderson, of Hampton, and Harry Jenkins, of Shaler, have testified but have not asked questions or introduced evidence.

As Radich fumbled for a document Monday, the first day of the hearing, Simpson said, "Take your time. We get paid by the year." More than once, Simpson told Radich or Martin, "We both can't be talking at the same time." At one point when Radich was having Habay read from a document, Simpson told Radich, "You just impeached your own document."

And when Radich was inquiring about deposits to Habay's campaign fund, Simpson told him, "Just relax. We're going to move through all of this."

While kindly in demeanor, Simpson cut the two no slack on exhibits they attempted to enter into evidence, rejecting more than half the documents they presented to the court.

The case alleging irregularities in Habay's campaign finance reports had been scheduled to resume this afternoon. But the hearing has been postponed due to the death of the father of Habay's lawyer, John D. Sheridan. Simpson's office said no date has been set for the hearing to resume.

The citizens petitioned the court for an audit of Habay's campaign reports, claiming the legislator under-reported spending and debt. Habay, through Sheridan, denied the allegations. The legislator has said the charges are politically motivated.

Radich, a Habay antagonist, has been the lead presenter for the petitioners.

Radich and Martin at times appeared befuddled by the legal procedures. However, Radich, a Port Authority maintenance supervisor, demonstrated an ability to hone in on witnesses with sharp, rapid-fire questions.

Asked how he thought they were doing, Radich told reporters "for four non-learned people, pretty good."

Representing Habay is Sheridan, a polished, Harrisburg-based lawyer.

What's on the line in this case, potentially, is Habay's political career. If Simpson agrees with the citizens' complaint, he could order a full-scale audit or refer the case to the state attorney general for possible criminal prosecution. The plaintiffs apparently don't have much to lose other than the "hundreds of hours" Radich said were involved in preparing the case and their expenses.