Captain Janks wants charges dismissed
By Carl Hessler Jr.
NORRISTOWN – Radio show prankster “Captain Janks” has pleaded not guilty to charges he defrauded bar owners in Montgomery, Berks, Chester and Philadelphia counties by allegedly failing to make personal appearances for which he was paid.
Thomas Michael Cipriano, 43, of Fort Washington Avenue in Upper Dublin, who portrays “Captain Janks” on the Howard Stern radio show, also has asked a judge to dismiss the charges for a lack of evidence or to grant him a new preliminary hearing.
Cipriano waived his arraignment in Montgomery County Court and entered not guilty pleas to charges of deceptive business practices, theft by deception and receiving stolen property.
The charges stem from six incidents that allegedly occurred at five bars in Pottstown, Jenkintown, West Reading, East Marlboro and Philadelphia between December 2006 and March 2009.
By waiving his arraignment, Cipriano will not have to appear in court Sept. 30 for a formal reading of the charges lodged against him.
In the meantime, Cipriano, through his lawyer Thomas E. Carluccio, is fighting the charges, claiming an Aug. 13 preliminary hearing before District Court Judge Christopher Cerski in Cheltenham was unfair because it wasn’t the proper venue for the hearing, given that the alleged crimes occurred in Pottstown and other areas outside of Cheltenham.
Carluccio, on behalf of Cipriano, also argued that prosecutors presented insufficient evidence at the preliminary hearing to support the charges. Cipriano is seeking a dismissal of the charges or a new preliminary hearing.
Assistant District Attorney Bradford Richman vowed to challenge Cipriano’s requests, arguing the evidence was sufficient and that the preliminary hearing was held within the law.
“If Mr. Carluccio wants me to withdraw this case and have his client arrested by five different counties, separately, and then consolidate them later under the law, I don’t know why he’d want that, but I would be happy to consider doing it,” Richman responded.
“(Cipriano) has not paid one cent of restitution to these victims and he is fighting this case very aggressively by any standard. This shows a tremendous lack of remorse and says to me he is not deserving of any leniency from the criminal justice system,” Richman added.
Cipriano remains free on bail pending his next court hearing.
He previously was awaiting trial on other theft-related charges for allegedly defrauding five other bars in Plymouth, Cheltenham and Bucks County – bringing the total number of incidents to 11 and the alleged theft amount to $3,950.
With the latest charges, authorities alleged Cipriano was paid $300 to appear at the Pourhouse Tavern in Pottstown in July 2008 but never showed up for the comedy gig.
Other appearances for which Cipriano allegedly was paid and for which he didn’t show include:
• Brewer’s Pub, West Reading, Berks County - $350 on March 28, 2009.
• Manny Hattans, East Marlboro, Chester County - $650 for appearances in August and November of 2008.
• The Old Mansion House, Plymouth - $350 on March 13, 2009.
• Edgehill Tavern, Cheltenham - $350 on Feb. 20, 2009.
• Drake Tavern, Jenkintown - $500 on Dec. 8, 2006
• Indian Rock Inn, Bucks County - $350 on Nov. 28, 2008.
• Tohickon Tavern, Bucks County - $250 on Oct. 18, 2008.
• Kenny’s Special Eatery, Bucks County - $350 on March 6, 2009.
• Alpha Restaurant and Bar, Philadelphia - $500 on Feb. 15, 2008.
In recent months, Cipriano, with the help of friends, has held benefit performances to raise money to refund bar owners in Pennsylvania, Delaware and New Jersey for appearances that he did not attend. It hasn’t been revealed how much money Cipriano has raised.
Even if refunds are awarded, it won’t resolve the criminal proceedings.
Richman previously said prosecutors will not entertain discussions about alternative resolutions until money is released and the victims are paid. In addition to going to trial, other options could include Cipriano applying for alternative punishment programs, such as the county’s Accelerated Rehabilitative Disposition (ARD) program which, upon successful completion of a probationary sentence, would allow Cipriano to clear his criminal record.
Court papers filed by detectives indicate Stern confronted Cipriano about the allegations on-air during a Feb. 23 radio show segment “The Oxy Made Him Do It.”
Carluccio previously said Cipriano apologized to the bar owners for not being able to attend scheduled performances. Funds “generously raised by Artie Lange of the Howard Stern Show” on Cipriano’s behalf will be distributed to bar owners with legitimate claims in New Jersey and Delaware, Carluccio previously said. Lange is another comedian and radio show personality.
Court papers alleged Cipriano promoted himself to the bar owners as “the guy that makes the Howard Stern phony phone calls to TV and radio talk shows.” The owners of the businesses agreed to the events and promotions believing they would increase business.
source: http://www.pottsmerc.com/articles/2009/09/11/news/doc4aaa5b46239a7456074263.txt
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