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Altoona Mirror (Newspaper) - October 5, 2000, Altoona, Pennsylvania Altoona Mirror FROM PAGE ONE Thursday, October COMPLAINT very ggrjous matter' (Continued from Page Al) Sweigart said Wednesday that no jurtner conferences, or hearings, have been scheduled. But a complaint has been pre- pared by attorney Gregory D. Anthony, representing the j (Judicial Conduct Board. The key paragraph in the list of charges stated that the judge, dur- ing the course of the [PFA con- tempt] hearing, was "indecorous and discourteous." It continued, stating the judge was "repeatedly demeaning, dis- missive, rude, impatient, undigni- fied sarcastic to some or all the participants." Callan said he could not speak about the case, but his attorney, Walter F. Wall of Hollidaysburg, said the judge considers the charge "a very serious matter." Wall said the charge against Callan did not deal with his "integrity, competency or abili- ties." It goes more to his demeanor, he said. The Court of Judicial Discipline must decide if findings will be returned against Callan. The Court, if it does uphold the charge, has several options it can take. Wall said the court could private- ly or publicly admonish the judge. It could impose censure, suspen- sion or removal from office. "We do take it Wall said. The furor over Callan's conduct stemmed from a hearing Aug. 2, 1998, in which Callan became upset when an Altoona woman told the judge through her attorney, Walter Swartzkopf, Jr., that she wanted to withdraw the PFA contempt com- plaint against her then-husband. Callan has complained many times that protection from abuse is a serious situation in which a court orders the abusing spouse to avoid contact with the wife or husband. The order means that the couple Is not supposed to have contact, even by telephone. The husband was charged with contacting his wife by telephone. Swartzkopf told Callan that the wife wanted to withdraw the com- plaint because she was afraid that 'with hen husband in jail, the fami- ly would endup on welfare. Callan became upset, according Mo the record of the'hearing in'the 'Blair County Prothonotary's Office, because too many individu- :als have filed for protection-from- .abuse orders only to withdraw their complaints when It comes time for hearing. The judge said during the hear- ing. "PFAs are being abused right and left and it's going to stop. "If no one else is going to stop it, this courtroom is going to stop it. "If it means putting alleged vic- tims in jail for violations of abusing the'-system, that1 s what it means. "If it means putting defendants in jail for violating it, I've done .that. That's no problem. Either 'there is a PFA here or there is a ,game being played, one or the he said. Callan also lambasted the two district attorneys, Jackie and DeAnne Paul, stating district attorney's office "has nothing to support the court terms of making sure people how serious PFAs are' both sides of the courtroom." In his continued questioning of wife, Callan determined she afraid of her husband but was the family, without would become destitute. Callan insisted her economic had no place in a PFA The woman replied, "I under- that but if he goes to jail, I get no support. end up on I don't want to put my children through that. For myself, I don't care." The woman relented under ques- tioning from the judge and decided proceed with the prosecution against her husband, who was rep- resented by Altoona attorney Steven P. Passarello. Callan found the husband guilty contacting his wife by telephone Awhile under a PFA order. He did not send him to jail but placed him on six months probation. Mirror staff'writer Phil Ray can be reached at S46-7468. CONVICT Sankey gave several different accounts of what happened (Continued from Page Al) Shaw reminded the jury that Clark had suffered numerous stab wounds to his left forearm and hand, and he had deep cuts in the right palm of his hand and fingers, which suggested he tried to deflect the knife with his left arm and grab the knife with his right hand. Sankey had virtually no injuries. At first, Sankey denied killing Clark when state police officers interviewed him the day after the murder on Nov. 4. During that interview, police found drops of blood and several blood stains inside Sankey's Blazer, which he claimed to be venison blood. However, the police took the vehi- MI-tSTT JIBG Mauser Rifles Diary Ammo in Stock .......................'79 Lifetime Warranty ,ADJ Sights........'119 4UM Makarov Automatics...............'139 199 CHEAP cle anyway for lab analysis. The next morning, Sankey came to police and confessed to the killing, saying it was in self-defense. In his Nov. 5, videotaped confes- sion, Sankey said that he received numerous harassing phone calls telling him to leave Heverly alone. Sankey said he assumed it was Clark who was making them and that he went to Clark's home to confront him about the calls. Sankey said he waited on the front porch of Clark's home an hour and a half in freezing weath- er until Clark got home. After Clark arrived, Sankey said he asked him about the phone calls to which Clark responded by imme- diately attacking him. Sankey of Hie in prison said they struggled briefly outside before ending up inside Clark's home, where Clark pulled a knife on him. Sankey said he was able to wrestle the knife away from him .and repeatedly stabbed Clark even after he stopped resisting. Sankey also made a diagram for the police, showing the locations along a secluded road where he hid the murder weapon and his bloody clothes. The police were able to recover a bloody sweat- shirt and knit hat but never found the knife. However, physical evidence at the scene and eye witness testimo- ny suggested Clark was carrying his mail and a bag into his house when he was attacked, making it unlikely for Clark to have fought with Sankey while holding on to his mail and bag and open the door all at the same time. On Dec. 30, Sankey again changed his story. This time he said he brought a nightstick with him, which he concealed. When he confronted Clark outside his home, he said Clark refused to acknowledge him and walked into the house. Sankey said he fol- lowed him inside the front door, where Clark pulled a knife on him, so he responded by hitting Clark on the head with the night- stick causing him to fall back and drop the knife. Sankey said he was able to gain control of the knife and kill Clark. Afterward he said he drank a Pepsi out of Clark's refrigerator and left. Pennsylvania state law, a first-degree murder conviction requires a mandatory sentence of life in prison without parole, according to Shaw. 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