Apr. 25—WILKES-BARRE — A Nanticoke man charged in the drug driving death of James Mahon in Plymouth last year was appointed a new defense attorney Tuesday due to a breakdown in the attorney-client relationship with his previous lawyer, Luzerne County Chief Public Defender Steven M. Greenwald.
Jose Calo, 58, of Pine Street, was under the influence of fentanyl when he crashed his Ford Explorer that killed Mahon, 86, in the area of 10 E. Main St. on June 25, according to court records.
Greenwald graduated in 1977 from Wyoming Valley West High School when Mahon was an assistant principal.
Calo when presented with a plea agreement offered by the District Attorney’s Office in March began to express his disappointment that Greenwald had a prior “relationship” with Mahon, according to court records.
Greenwald said he had no relationship with Mahon other than the fact Mahon was an assistant principal at the high school he attended. Greenwald said he had not spoken with Mahon in nearly 45 years.
Despite the near half century of not seeing or speaking with Mahon, Calo felt there was a conflict with Greenwald defending him on charges of homicide by vehicle, homicide by vehicle while driving under a controlled substance, accidents involving death, driving under a controlled substance, driving with a suspended license and several traffic violations.
Since March, Calo refused to meet with Greenwald and members of the public defender’s office at the county correctional facility.
Greenwald filed a motion for a conflict attorney to be appointed to represent Calo.
In court Tuesday, President Judge Michael T. Vough said defendants have a right to be represented by an attorney but don’t have the right to chose an attorney if they are unable to afford one themselves.
Greenwald said the attorney-client relationship with Calo has broken down despite not agreeing with Calo that there was a…
He was the husband of Dorothy M. (Wert) Tomlinson. John was born in Doylestown on Sept. 20, 1934 to the late John W. and Madaline R. (Conner) Tomlinson. He served our country honorably in the U.S. Air Force during peacetime. Pastor Tomlinson was Pastor of the Friedens Evangelical Lutheran Church, Center Valley, from 1982 to 1999; Pastor of Messiah Lutheran Church in Wilkes-Barre from 1976 to 1982; Pastor of the New Ringgold Parish from 1971 to 1976; and Seminarian Assistant at St. John’s Windish Lutheran Church in Bethlehem from 1969 to 1971. He was previously employed by Swartley Bros. of Lansdale as an assistant to the electrical engineer from 1960 to 1967. John was a member of Redeemer Lutheran Church, Allentown. He attended Ursinus College from 1952 to 1954; graduated from Temple University in 1969 with a B.A. degree; was a graduate of Lutheran Theological Seminary in Philadelphia, from which he received a Minister of Divinity Degree in 1971; was past Secretary of the Lehigh Mission District; and served on the Board of Lutheran Congregational Services, formerly Lutheran Services of the Lehigh Valley.
