Judge orders disqualification of prosecutor Tom Marino in Kenneth Michaels murder case | News, Sports, Jobs

Lycoming County District Attorney Tom Marino must not be involved in the upcoming murder trial of Kenneth Michaels, who is accused of shooting his brother-in-law John Roskowski, 69, in the lobby of Cable Services on August 17, 2023, Judge Ryan Tira said in a ruling released Monday afternoon.

However, the ruling did not transfer the prosecution of 66-year-old Michaels from the district attorney's office to the attorney general, as defense attorney Edward Rymza had requested during a hearing on the matter on May 28.

Rymza brought up several issues during the hearing, including Marino's seat with First Assistant District Attorney Martin Wade during Michaels' preliminary hearing as well as at a bail hearing in November. Those hearings took place before Marino returned as district attorney in December, the attorney argued.

During the May hearing, Wade claimed that Marino merely sat next to him but did not comment on his handling of the hearings.

A month after the shooting, Marino accompanied District Detective Stephen Sorage as he conducted an interview with a Cable Services Co. employee at her home, Rymza said.

“This stays between us. It doesn't leave this room. We were never here.” Marino allegedly told the employee at the end of the interview, the employee said.

Marino was isolated and was scheduled to be called during the hearing. He was ready and willing to do so, he previously told the Sun-Gazette. However, his testimony never materialized because neither side called him as a witness.

Marino's past personal interactions with Roskowski have been a point of contention for Rymza. They include at least one incident in which Marino drove Roskowski to an inpatient drug treatment facility; Marino and his family were among the social guests on Cable Services' corporate plane in mid-2020 when Roskowski was CEO there; and a phone call to Roskowski in June of last year asking for financial support for his campaign for district attorney.

Rymza's concerns about Marino's involvement were unfounded, Wade testified. He preemptively denied Marino access to all electronic files related to the case in April 2024 because he feared a motion to recusal.

Shortly thereafter, Wade received a text message from Marino officially recusing himself from any involvement in the prosecution of Michaels.

In his ruling, Tira banned Marino from discussing the case with members of the prosecution, defense lawyers and media representatives. Marino is also barred from attending any hearings related to the case, even as an observer.

While Marino is already barred from accessing electronic files, Wade has been instructed to keep all physical documents in an area separate from other cases and keep them under lock and key in his office.

“I had no personal relationship with John” Marino had previously told the Sun-Gazette this.

“John and I were not friends. I once helped him get into rehab. I even arrested him for drugs in the '90s.” Marino said at the time.

Michaels remains in custody without bail since his arrest in Cape May, New Jersey, ten days after the shooting.