Judge denies convicted mayor’s request to return of 100 team photographs taken by probation

The former mayor of Coaldale was in Carbon County court on Tuesday seeking the return of about 100 photographs taken from his home by probation officers.

Richard Corkery, 79, a convicted sex offender, was also seeking not to have to pay over $16,000 he owes in court costs.

The photos were of football, baseball and basketball teams, or photos of Corkery with young men in an athletic setting. Some included young boys in swimming suits.

Both petitions seeking the relief were denied.

Corkery was convicted by a jury on June 14, 2014, of all 27 counts of downloading child pornography filed against him. The jury panel deliberated for just over two hours before reaching its verdict.

In 2011, Nesquehoning Police Chief Sean Smith charged that Corkery viewed the child porn on the computer at radio station WLSH while he was an employee of the station in 2011. When the station management learned of the pornographic material on its computer, Corkery was terminated.

Police said more than 5,000 images of pornographic material were found on the computer’s hard drive.

Corkery testified at the trial and denied he ever downloaded any pornographic material.

Judge Steven R. Serfass sentenced him to serve nine to 36 months in a state correctional institution followed by three years of probation. Corkery served the full 36 months and was paroled in November 2017.

Serfass ordered all photographs in Corkery’s house of young men under the age of 18 be removed. Adult probation office personnel removed about 100 photographs.

Attorney Robert T. Yurchak, representing Corkery, asked that the photos be returned to Corkery.

Yurchak said the order of sentence in the case does not prohibit Corkery from having photographs but does not allow him to have computer access or be with anyone under 18 without adult supervision.

Corkery, who still professes his innocence, said he wanted the photos back because, “they represent work which I have done with children since the 1950s.”

Assistant District Attorney Cynthia Ann Dyrda Patton, objected to the returning of the photos. She called as a witness, via telephone conference call, Dr. Christina Bayer, a therapist at a Pottsville clinic, who conducts counseling sessions for sex offenders.

She said the return of the photos would “represent a risk” that they might trigger sexual feelings in Corkery. She said Corkery had been ordered to attend weekly sexual offender counseling at her Pottsville office but has only attended two since his parole.

Corkery testified he failed to attend the sessions due to health problems and the inability to travel the distance to Pottsville for the sessions.

Bayer said until Corkery attends the sessions on a regular basis she must oppose the return of the photos.

Frank Horvath, of the state board of parole, who is Corkery’s parole officer, said he also opposes the return of the photos until Corkery fulfills his court-ordered counseling sessions. He also said an administrative conference was held in the matter and the possibility of revocation exists for Corkery.

Serfass denied the request and ordered Corkery to attend the counseling sessions. After completion of those sessions, Yurchak could revisit the request for return of the photos.

Court costs

Corkery also filed a petition to amend his obligation to finish paying court costs.

Corkery presented testimony that indicates he has an income of about $20,000 (for the period of January to August) and bills estimated at over $26,000. He detailed his income and expenses.

Under questioning from Hatton, Corkery admitted he had never contacted the bureau of collections concerning the money he still owes in court costs.

Eric Johnston, director of the Carbon County Bureau of Collections, said Corkery initially owed over $18,000 in court costs but the figure is now at $16,939.99. He said most of that figure is for electronic monitoring costs.

Corkery was placed on electronic monitoring in lieu of going to jail before his trial.

Johnston said his office figures a payment schedule based on a person’s income. He said generally his office figures 10 percent of a person’s income as the monthly payment. He said, however, his office will work with a defendant in deciding on a final monthly payment plan.

He said at least three notices were sent to Corkery after he was paroled concerning his court costs and that the defendant never responded to any of them.

Corkery said the monitoring costs exceeded what he expected. He said he never thought he would be on the monitoring plan, which charges $15 a day, for two years. However, Hatton countered that Corkery had an option if he felt the costs were getting out of hand. She said he could have stopped the monitoring program and spent the time in jail.

Serfass denied the request, noting his concerns that Corkery never approached the collection office to work out a payment plan and that he has options of eliminating some of his listed expenses to accumulate money to make monthly payments.

Following the hearing, Corkery went to the collection bureau to work out a payment plan.