Published: August 12, 2008 11:44 pm            

72nd district race heats up

Burns: Let the voters judge

Frank Burns, the Democratic candidate for the 72nd district state House seat, has released a statement detailing two past brushes with the law and saying it is up to the voters to pass judgment.

Burns, 32, said he is disclosing the two incidents – public urination in Pittsburgh last fall after a Steelers event and a fight 10 years ago in Johnstown’s Coney Island diner – to quell rumors that he acknowledged have been circulating.

He called the two citations “minor incidents” and said rumors of a more serious criminal record stem from a question asked in a Republican-backed telephone poll and from what he calls “negative innuendo” from his Republican opponent, Chris Voccio.

In response, Voccio said that while he was aware of the question in a poll, he did not finance the telephone queries. Voccio said that while he had heard rumors of Burns’ arrest record, he did not know the specifics.

Burns won the Democratic primary nod to replace retiring Tom Yewcic in the 72nd Legislative District, which represents parts of Cambria and Somerset counties. In Cambria, the district extends from Ebensburg south to Middle Taylor and Lower Yoder townships. In Somerset, it covers Windber Borough and Conemaugh Township.

Several of Cambria County’s elected Democratic officeholders speculated Monday that Burns might withdraw from the race because of negative publicity about his past.

But Burns is still on the ballot, election officials in Harrisburg confirmed late Monday, the last day candidates could withdraw and have their parties pick an alternate.

“My thought is that these rumors were being spread and that my Democratic supporters are smart enough to see through this,” Burns said in an interview Tuesday. “When they hear what is actually involved, they just laugh and say, ‘Is that all?’ ”

The question now is whether the disclosures will affect party support, especially from the Democratic State Committee, which is influential in races for state offices.

Burns said Tuesday that he had not heard from Democratic leaders since he disclosed the incidents, and Democrats contacted by The Tribune-Democrat declined to speculate about how those incidents might affect party support.

In his statement, prepared with the aid of Johnstown public relations professional Ed Kane, Burns outlines his past legal problems: Last fall, he relieved himself behind a trash container after a Steelers event in Pittsburgh, and 10 years ago he paid $25 for taking part in a fight at the Coney Island restaurant in downtown Johnstown.

Police documents for both incidents corroborate Burns’ accounts, showing that he paid $25 plus court costs for a nontraffic citation issued Sept. 1, citing disorderly conduct for urinating late at night in Pittsburgh.

In his statement, Burns describes it this way:

After a rally at Heinz Field in Pittsburgh, “we and some friends had parked our cars on the South Side and were returning there after the rally to get our cars and drive home.

“On our way there, nature called. The restaurants and bars had closed, and there are no public restrooms on South Side’s busy Carson Street. I had the choice of finding some privacy or being very much embarrassed in front of my friends, some of (whom) were of the opposite sex.

“I walked back a side street and went behind a Dumpster. Unfortunately for me, two Pittsburgh Housing Authority policemen were patrolling the area. They cited me for answering nature’s call in a public place. Yes, I appeared before a magistrate and paid a small fine.”

Burns blames a Republican-backed telephone poll conducted by Susquehanna Polling & Research Inc. of Harrisburg for sparking rumors of a criminal past.

“My opponent has apparently resorted to a negative attack by innuendo in a poll of voters either he or an organization involved in his campaign has authorized,” Burns said in his statement. “This is the question the poll posed to voters: ‘Would you vote for a candidate who has had brushes with the law?’ ”

Jim Lee, president of the polling firm, acknowledged that his company has been conducting telephone polling in Cambria County, and the company’s Web site lists various Republican candidates and Pennsylvania State Republican Committee as clients.

“But we are not in a position where we can comment on the specifics of the poll because of our client confidentiality agreement,” Lee said. “What I can tell you is that many times in surveys we’re attempting to share with voters information about candidates’ backgrounds, like voting records or what they’ve done as elected officials, in an attempt to find out how that information influences voters’ preferences, based on things they might hear during a campaign.

“Many times we’re testing information about both candidates,” Lee added, “because it’s important to test how information about candidates affects the race. But I am not confirming the wording or any question because of client confidentiality.”

Voccio said that he did not pay for the poll but that he remembers the question Burns referred to and took note of it at the time.

In his statement, Burns also described an incident 10 years ago when a friend got into an argument at the Coney Island diner.

“I tried to resolve the issue,” Burns said of that incident. “The police came. The two of us were taken to the police station. He was arrested. I was told to call my dad to take me home. I did receive a citation and a $25 fine.”

He attached a statement from Coney Island owner Sam Contacos supporting his account.

Johnstown police records show that Burns was charged with disorderly conduct, a summary offense, on March 29, 1998.

Available police records do not show any other offenses, and Burns said Tuesday that there is nothing else to disclose.

In his statement, Burns challenges his opponent: “Lighten up, Mr. Voccio, this is more humorous than serious. Let’s start talking about the real issues that face Cambria and Somerset Counties – jobs, education, tax relief, help for our veterans and seniors.”

Voccio said he welcomes the challenge.

“Frank Burns refuses to discuss issues, will not answer questionnaires other than to say he is for the future of Cambria and Somerset counties,” Voccio said. “I’m excited that he now wants to talk about the issues. This is the first I’m learning of the specific charges, and Frank is right, the voters can decide.”

Burns conducts seminars for a cosmetic dentistry firm and is an East Taylor Township supervisor and Democratic Party state official.

In the 72nd district primary, Nick Molnar of Jackson Township, a retired United Mine Workers District 2 executive, ran second in both counties. The UMWA vote was divided between Molnar and another union representative, James Lamont of Ebensburg.

Other candidates were David Gehlman of Upper Yoder, who operates the Johnstown Municipal Golf Course, and Dave Kuhar of Ebensburg, a golf professional and new member of the borough council.

        

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