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Who's got the check? Disagreement signaled on potential legal fees for Lackawanna OYFS appeal

Two attorneys say they will broach fee agreement with county

SCRANTON, Pa. — NOTE: The above video is from a previous story.

Attorneys who represent two of the Lackawanna County Office of Youth and Family Services employees whose quashed criminal cases are heading to a higher court said Monday they plan to broach the subject of a new fee agreement with the county.

Whether the county will agree is pay is another story.

During the summer, the county signed agreements with five attorneys hired to represent current and former OYFS workers who Scranton police and county detectives accused of putting children in danger, according to copies of the arrangements provided by the county through a Right to Know Law request.

For their work through to preliminary hearings, the county agreed to pay the attorneys $10,000 each, the agreements show.

However, the charges against Amy Helcoski, Bryan Walker, Erik Krauser, Sadie O'Day and Randy Ramik never made it to a preliminary hearing. On Jan. 12, Judge James Gibbons ruled state law shields the caseworkers from prosecution. 

On Feb. 1, the county district attorney's office filed notice it will appeal Gibbons' decision to the state Superior Court.

A virtual court hearing Monday on the looming appeal was attended by the attorneys who represented the OYFS workers while they still faced pending criminal cases — David Solfanelli, on behalf of Helcoski; Robert Trichilo, on behalf of Walker; Terrence McDonald, on behalf of Krauser; Matthew Comerford, on behalf of O'Day and John M. Price, on behalf of Ramik.

Attorney Donald Frederickson, the county's general counsel, said they've received no request for additional payment.

Patrick McKenna, a county spokesman, said the county fulfilled its obligation and will not pay more for their legal cases.

Two of the defense attorneys, McDonald and Solfanelli, said they plan to seek additional payment from the county for work on the pending appeal.

McDonald said additional payment from the county is appropriate because Gibbons found his client, Krauser, was criminally charged for work done in the course of his employment.

Asked about the county's reticence, Solfanelli said, "that's a decision they have to make."

"It's probably a conversation for the future," he said.

Trichilo said he's had no discussion with the county. Attempts to reach Comerford and Price were unsuccessful.

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