Captain Janks postpones benefit performance

source


The Delaware County Daily Times (delcotimes.com)

Stern sidekick postpones show; theft charges mount

Thursday, July 16, 2009

By Carl Hessler Jr., chessler@pottsmerc.com

NORRISTOWN – As theft-related charges mount against him in Berks, Chester and Montgomery counties, nationally known radio show prankster Captain Janks has postponed a benefit performance that was to raise money to refund bar owners for personal appearances he allegedly ignored.

Thomas Michael Cipriano, 43, who portrays prankster Captain Janks on the Howard Stern radio show, postponed a benefit performance scheduled for July 23 at the Deck Restaurant in Essington, according to his lawyer, Thomas E. Carluccio.

“The benefit show was to raise money to refund tri-state area bar and club owners for appearances Cipriano did not attend,” Carluccio said in a news release. “Captain Janks has been systematically refunding the owners in Pennsylvania, Delaware and New Jersey, in return for the cases against him being resolved.”

Carluccio claimed, to date, Janks has paid about $3,000 to seven bar owners.

In court papers, authorities from multiple jurisdictions accused Cipriano of defrauding bar owners by taking payments, between $350 and $500, for personal appearances and not showing up. Some of the bars are in West Reading, Plymouth and Cheltenham.

However, Carluccio claimed a proposed agreement to dismiss three criminal cases in Bucks County in exchange for Janks making refunds was recently withdrawn and the cases transferred to Montgomery County for prosecution.

“The result of the change means if Janks were to raise the entire amount of the funds to resolve the potential claims against him, he could still be prosecuted in every case,” claimed Carluccio, promising Janks will work with Montgomery County prosecutors to resolve the outstanding cases as quickly as possible.

“If the cases cannot be resolved, Cipriano will be forced to go to trial to prove his innocence,” Carluccio added.

Currently, Montgomery County prosecutors are handling about 10 alleged theft-related cases against Janks, comprising nine victims from five counties, including Berks, Montgomery, Chester, Bucks and Philadelphia. Under state law, one county can handle criminal matters from several jurisdictions when the crimes represent an alleged course of conduct.

“We will not simply drop all of these cases because Mr. Cipriano has a benevolent friend who has given him the money to pay these people back. You can’t commit thefts and get away with it because you happen to have the money to pay people back,” responded Assistant District Attorney Bradford Richman. “We don’t drop charges because a defendant waltzes in and says to.”

“This case is in the criminal justice system because of a criminal course of conduct involving many, many victims in many, many counties,” Richman said. “Whether it goes to trial is up to Mr. Cipriano and I am open to any resolution which addresses all of the interests in this case, including the interests of the citizens of Pennsylvania.”

Cipriano, according to Carluccio, apologizes 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 said. Lange is another comedian and radio show personality.

Cipriano, of Fort Washington Avenue in Upper Dublin, previously pleaded not guilty to charges of theft by deception, receiving stolen property and deceptive business practices in connection with incidents that occurred in Montgomery County between December 2008 and February 2009.

Cipriano, according to a criminal complaint filed by Plymouth detectives, contacted the owner of The Old Mansion House in December and offered to perform at a March 13, 2009, promotion at the bar.

“Cipriano promoted himself (to the owner) as the guy that makes the Howard Stern phony phone calls to TV and radio talk shows,” Plymouth Detective Jeffrey M. McGee Sr. alleged in the criminal complaint.

The owner of the Plymouth business agreed to the event believing it would increase business. Cipriano collected a check for $350 covering the promotion fee, court papers alleged. However, Cipriano never canceled the appearance and didn’t show up for the gig.

Cipriano, who previously listed addresses on North Third Street and Royal Avenue in North Wales, allegedly engaged in similar conduct in February when he promised to perform at the Edge Hill Tavern on Limekiln Pike in the Glenside section of Cheltenham but never showed up.

Cipriano remains free on $2,500 bail pending trial.

Court papers filed by detectives indicate Stern confronted Cipriano about the allegations on-air during a Feb. 23 radio show segment entitled, “The Oxy Made Him Do It.”

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