Dauphin County Clerk of Courts Received 11/28/2018 4:22 PM
Dauphin County Clerk of Courts Filed 11/28/2018 4:22 PM

Dauphin County District Attorney’s Office
101 Market Street
Harrisburg, PA 17101
(717) 780-6767

COMMONWEALTH OF PENNSYLVANIA :
:
:
vs.
:
:
:
:
VANESSA LOWERY BROWN
:

IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. CP-22-CR-0525-2015
CHARGES:CONFLICT OF INTEREST (5);
BRIBERY; STATEMENT OF FIN.
INTERESTS

COMMONWEALTH'S SENTENCING MEMORANDUM

TO THE HONORABLE SCOTT ARTHUR EVANS, JUDGE OF SAID COURT:

AND NOW, comes Francis T. Chardo, District Attorney of Dauphin
County, by Michael A. Sprow, First Assistant District Attorney, who files this Sentencing
Memorandum in the above-captioned matter.
CHARGES AND SENTENCING GUIDELINES
On October 31, 2018, after a week and a half of trial, a jury found the
defendant guilty of six felonies and one misdemeanor: Counts 1-5 - - Conflict of
Interest, 65 Pa.C.S. §1103(c) (ungraded felonies); Count 6 - - Bribery, 18 Pa.C.S.
§4701(a)(1) (F-3); and Count 7 - - Statement of Financial Interests, 65 Pa.C.S. §1105
(ungraded misdemeanor). The defendant has a prior record score of zero. The felonies
each carry an offense gravity score (OGS) of 5, while the misdemeanor carries an OGS
1

 of 1. The standard range of the sentencing guidelines for each of the first six counts is
RS-9. The standard range of the sentencing guidelines for count 7 is RS-RS.
APPLICABLE LAW
The general principle regarding sentencing in Pennsylvania is that “the
sentence imposed should call for confinement that is consistent with the protection of
the public, the gravity of the offense as it relates to the impact on the life of the victim
and on the community, and the rehabilitative needs of the defendant.” 42 Pa.C.S.
§9721(b). The court shall impose a sentence of total confinement where a lesser
sentence would depreciate the seriousness of the crime of the defendant. 42 Pa.C.S.
§9725(3).
ANALYSIS
The defendant was elected to be a state representative in the
Pennsylvania General Assembly in 2009. She has been in that position continuously
from 2009 to the present day. As with every elected official, the public placed its trust in
the defendant to serve with integrity, and to promote public confidence in the institutions
of government. During calendar year 2011, the defendant accepted five separate cash
bribes, totaling $4,000.00. Those bribes consisted of money taken in connection with
her official duties as a state representative, and therefore reflect a grievous violation of
the public trust. Instead of promoting public confidence in the institutions of
government, the defendant has contributed to its erosion.
The defendant deserves no consideration for acceptance of responsibility.
Unlike the five other public officials who were caught during the same investigation, who
2

 all pled guilty or nolo contendere, this defendant has failed to accept responsibility for
her actions. Even after she admitted to the grand jury that she accepted bribes, the
defendant embarked on years of pretrial litigation and a lengthy jury trial to try to avoid
being held accountable. Moreover, despite the fact that the jury rejected her defense of
entrapment at trial, the defendant continues to make excuses and blame others for her
criminal behavior (See Presentence Investigation, p. 2).
Furthermore, the defendant has demonstrated a reckless disregard for the
expenditure of taxpayer dollars. The aforementioned pretrial and trial litigation
exhausted a tremendous amount of prosecutorial and judicial resources, including the
time and efforts of numerous prosecutors, the supervising judge of the grand jury,
judges of the Superior Court, and this Honorable Court. Despite the knowledge that her
conviction for bribery constitutionally bars her from serving as an elected state
representative, the defendant has failed to resign her seat in the House of
Representatives and continues to draw a public salary. She has drawn a public salary
for the past seven years since these crimes were committed, and for the past three
years since the charges were filed. By keeping her name on the ballot for reelection
this year, the defendant has created a situation where the election results must be
voided and a costly special election will have to be organized.
The defendant’s circumstances warrant a sentence that involves at least
some period of incarceration. The vast majority of Pennsylvania’s elected officials who
were convicted on charges of public corruption over the years have been sent to prison,
including but not limited to the following:
3

 (a)

Ernie Preate, 1995 – sentenced to 14 months in federal prison for
mail fraud committed while an elected District Attorney;

(b)

Frank Serafini, 1997 – sentenced to 5 months in prison for
committing perjury while an elected state representative;

(c)

Frank Gigliotti, 2000 – sentenced to 46 months in federal prison for
extortion, mail fraud, and tax evasion while an elected state
representative;

(d)

Tracy Seyfert, 2000 – sentenced to 6 months in prison for
conspiracy to influence a witness and stealing federal property while
an elected state representative;

(e)

Jeff Habay, 2006 – sentenced to 6 to 12 months in prison for
violating the Conflict of Interest statute as an elected state
representative;

(f)

Vincent Fumo, 2009 – sentenced to 55 months in federal prison for
conspiracy and fraud as an elected state senator;

(g)

Mike Veon, 2010 – sentenced to 6 to 14 years in state prison for
violating the Conflict of Interest statute, and conspiracy as an elected
state representative;

(h)

Brett Feese, 2011 – sentenced to 4 to 12 years for violating the
Conflict of Interest statute, theft, and conspiracy as an elected state
representative;

4

 John Perzel, 2011 – sentenced to 2 ½ to 5 years in state prison for

(i)

violating the Conflict of Interest statute, and conspiracy as an elected
state representative;
Robert Mellow, 2012 – sentenced to 16 months in federal prison for

(j)

using public employees for fundraising as an elected state
representative;
Bill DeWeese, 2012 – sentenced to 30 to 60 months for violating

(k)

the Conflict of Interest statute, theft, and conspiracy as an elected state
representative;
Stephen Stetler, 2012 – sentenced to 1 ½ to 5 years for violating

(l)

the Conflict of Interest statute, theft, and conspiracy as an elected state
representative;
(m)

Jane Orie, 2012 – sentenced to 2 ½ to 10 years for violating the

Conflict of Interest statute as an elected state senator;
(n)

Kathleen Kane, 2016 – sentenced to 10 to 23 months for two
counts of perjury, obstruction of justice, and conspiracy as the elected
Attorney General.

Like Vanessa Brown, none of the above defendants had a criminal history.
However, the common thread among all of these public officials is that they abused their
position of power for personal gain. They ignored their responsibilities to the public and
their oaths to uphold the law in favor of helping themselves. This defendant is no

5

 different. She deserves the same nature of punishment as the corrupt politicians before
her.
RECOMMENDATION
Based on the foregoing, the Commonwealth respectfully requests that the
Court impose an appropriate period of incarceration.
Respectfully submitted,

Michael A. Sprow
First Assistant District Attorney
Supreme Court No. 88573

6

 VERIFICATION

I verify that the facts contained in the above pleading are true and correct
to the best of my knowledge, information and belief. I understand that the facts herein
are verified subject to the penalties for unsworn falsification to authorities under Crimes
Code, Section 4904 (18 Pa.C.S. § 4904).

___________________________________
Michael A. Sprow
First Assistant District Attorney

7

 CERTIFICATE OF SERVICE
In re: Commonwealth v. Vanessa Lowery Brown
No(s). CP-22-CR-525-2015

I hereby certify that I am this day serving the foregoing document upon the
person(s) and in the manner indicated below:

Service by hand-delivered mail addressed as follows:
Court Administrator
Dauphin County Courthouse
101 Market Street
Harrisburg, PA 17101
Service by first class mail addressed as follows:
Patrick Casey, Esq.
Myers, Brier & Kelly, LLP
425 Spruce Street, Suite 200
Scranton, PA 18503

___________________________
Michael A. Sprow / bah
First Assistant District Attorney
District Attorney’s Office
Dauphin County Courthouse
101 Market Street
Harrisburg, PA 17101
(717) 780-6767
Dated: November 28 , 2018

8