Racial Profiling by Pennsylvania State Trooper on I-78? Judge Says No

A federal judge refused to agree with an attorney who argued his client’s car was searched by a Pennsylvania state trooper simply because the client was Hispanic.

Every car searched by Trooper John Stepanski in the year prior to searching Miguel Gonzalez Segovia’s car had at least one minority in it, according to defense attorney Michael J. Diamondstein. Thirty-four of the 36 cars had only minorities, Diamondstein wrote. Only two of those searches prior to Gonzalez Segovia yielded contraband, Diamondstein wrote.

Diamondstein argued in court papers that Stepanski had no legitimate reason to search the car driven by Gonzalez Segovia on Nov. 13, 2018, through Williams Township in Northampton County. Police found almost 200 pounds of drugs in the car, records say.

“The trooper did not have an explanation why in a county that is 86% caucasian all of his requests to search were of vehicles that contained minorities,” Diamondstein wrote.

In an opinion issued Friday, U.S. District Court Judge Joseph F. Leeson Jr. said those statistics don’t paint a complete picture of Stepanski’s record. Diamondstein looked only at cases where drivers were speeding five miles or less over the limit or were following too closely. Gonzalez Segovia was cited for driving 68 mph in a 65 mph zone and for tailgating.

And there’s no data on the ethnicity of the drivers in vehicle stops where Stepanski didn’t ask to search the vehicle. He pulled over 89 cars during that period, the judge wrote.

“The statistical evidence offered is insufficient and does not allow for the court to find that Trooper Stepanski made traffic stops or asked for consent to search motorists’ vehicles based on an alleged bias,” Leeson wrote.

The judge said Stepanski had reasonable suspicion to search the vehicle for a combined number of factors: Gonzalez Segovia didn’t have the address of the location to which he was headed. He said he was headed to Brooklyn but mistakenly said it was in New Jersey, records say. He had several suitcases piled up inside the car, according to court papers.

Gonzalez Segovia had driven from California and said he planned only to stay a day or two in Brooklyn, which didn’t make sense to Stepanski, records say. Interstate 78 is a known drug trafficking corridor and Gonzalez Segovia appeared nervous, records say.

Gonzalez Segovia was carrying 69 kilograms of cocaine, 14 kilograms of fentanyl and four grams of acetylfentanyl, records say. He’s charged with possession of drugs with intent to distribute. A trial is scheduled for Sept. 23.

The case is being prosecuted by Assistant U.S. Attorney Kelly Lewis Fallenstein.

Notable Cases

Pretrial Intervention Program That Accepted Ray Rice Is Rarely Granted

We were concerned that Mr. Rice would be treated more harshly because of his celebrity status. We are thankful that he was not. We are thankful that he was given the same treatment as anyone else in a similar situation.

- Michael J. Diamondstein
Baltimore Ravens running back Ray Rice will be allowed to enter a program to avoid prosecution in an alleged assault of his now-wife. Upon successful completion of the program — which will be a minimum of one year — the third-degree charge of aggravated assault causing serious bodily injury would be dismissed. The arrest would remain on his record, but with no conviction.
Pretrial Intervention Program That Accepted Ray Rice Is Rarely Granted
Notable Cases

Pennsylvania and Maryland Prosecutors Drop Child Sex Abuse Cases After Diamondstein Cross Examination

“Michael Diamondstein is the best lawyer on Earth. He saved my life.”

- DT
DT had spent three years in jail and was facing lifetimes more for multiple counts of child rape in Pennsylvania and Maryland. But Michael Diamondstein’s thorough investigation and strategic cross-examination forced prosecutors to withdraw their case mid-jury trial.
Pennsylvania and Maryland Prosecutors Drop Child Sex Abuse Cases After Diamondstein Cross Examination
Notable Cases

Life Sentence Vacated After Decades in Prison

“The district attorney recognized the inequities in the case and we are thankful for the compassion and justice they decided was appropriate.”

- Michael Diamondstein
Mark Young had been serving a life sentence for what prosecutors say was his role as a coconspirator in a 1974 bar robbery that ended in the shooting death of a patron. The 67-year-old Young, who maintained his innocence for almost 50 years, is now slated to be released from prison after a negotiated guilty plea. The judge vacated Young’s previous conviction and sentence.
Life Sentence Vacated After Decades in Prison
Notable Cases

Michael J. Diamondstein Secures Client’s Release from Pennsylvania Prison after 37 Years

He took his first free breaths this afternoon after almost 40 years, and he is very happy and humbled.

- Michael J. Diamondstein
Willie Stokes's release comes after the U.S. District Court for the Eastern District of Pennsylvania vacated his murder conviction, concluding that the state violated Stokes's constitutional rights by "withholding" crucial evidence about the false testimony of a key witness in the case, according to court documents.
Michael J. Diamondstein Secures Client’s Release from Pennsylvania Prison after 37 Years
Notable Cases

Diamondstein Prevails on Murder Charge for Rapper

Mr. Diamondstein saved my life. He is the best there is.

- Monte Small Atwell aka Benjy
Despite that fact that multiple videos showed local rap singer, Monte Small Atwell aka Benjy killing the decedent, a Philadelphia jury found Mr. Atwell Not Guilty of Murder. The video clearly showed that the unarmed decedent was chasing Mr. Atwell. Mr. Atwell’s attorney, Michael Diamondstein litigated a very effective self-defense case. After a number of withering cross examinations and a closing wherein Mr. Diamondstein exhorted the jurors that his client “would rather be judged by 12 than carried by 6” the jury agreed that Mr. Atwell’s actions were justified.
Diamondstein Prevails on Murder Charge for Rapper
Notable Cases

Six Narcotics Officers Acquitted in Federal Corruption Trial

The things that were said about these honorable men and police officers over the last eight to 10 months were ridiculous. A lot of people in this city owe these heroes an apology.

- Michael J. Diamondstein
Six members of an elite Philadelphia narcotics squad were acquitted of federal corruption charges – a verdict the men described as “vindication” after nearly a decade of federal scrutiny surrounding their conduct. A jury of six men and six women took 5 1/2 days to reject prosecutors’ arguments that former Officers Thomas Liciardello, Brian Reynolds, Michael Spicer, Perry Betts, Linwood Norman, and John Speiser routinely beat and robbed drug suspects during their time as members of the Narcotics Field Unit.
Six Narcotics Officers Acquitted in Federal Corruption Trial
Notable Cases

DA Seth Williams, in Federal Court, Pleads Not Guilty to Corruption Charges

This indictment is 24 hours old and yet too many politicians and commentators have already tried and convicted Seth Williams in the media. Simply because the government makes explosive allegations in a complaint doesn’t mean they’re going to prove it in a court of law.

- Michael J. Diamondstein
Philadelphia District Attorney Seth Williams pleaded not guilty to 23 counts of fraud, extortion, and bribery-related charges. But the problems of the city’s cash-strapped top prosecutor continued to mount outside the courtroom, a day after federal authorities accused him of repeatedly selling his influence to wealthy benefactors willing to bankroll his luxury tastes.
DA Seth Williams, in Federal Court, Pleads Not Guilty to Corruption Charges
Notable Cases

When Your Freedom Is at Stake, You Need a Tenacious Litigator

The man gave me my life back.

- Yusef Bey
It's 8:00 on a September morning but Michael Diamonstein has already been in his office for hours. A criminal defense lawyer, Diamondstein likes to be prepared before he goes to court. That preparation paid off to get an innocent man cleared of all charges.
When Your Freedom Is at Stake, You Need a Tenacious Litigator
Notable Cases

DA’s Office Drops Murder Charges in North Philly Shooting

Tremendous day, not only for Mr. Hill but for the entire Philadelphia justice system.

- Michael J. Diamondstein
With evidence missing and the investigation tainted by the involvement of a detective who pleaded guilty to impeding justice, the District Attorney’s Office has withdrawn murder charges against a 28-year-old man, Dante Hill, in a 2011 shooting outside a North Philadelphia sports bar.
DA’s Office Drops Murder Charges in North Philly Shooting
Notable Cases

Exclusive: Claire Risoldi to Pay Less for Insurance Fraud Scheme, Still Hopes to Avoid Jail Time

Diamondstein added that Berks County Senior Judge Stephen Lieberman, who is now overseeing the case, has authority to reconsider the sentence made by the previous judge, who retired last year.

Michael Diamondstein argued the original jail sentence is illegal because the previous judge assigned the case failed to address if Risoldi was eligible for re-entry, which would allow her to be released from jail early.
Exclusive: Claire Risoldi to Pay Less for Insurance Fraud Scheme, Still Hopes to Avoid Jail Time
Notable Cases

Prosecution Failure Leads to Dismissal of Philadelphia Drug Cases

On behalf of Mr. Jordan, we are extremely happy that that the Superior Court upheld the sound decision of Judge Means.

- Michael J. Diamondstein
On October 10, 2014, the Pennsylvania Superior Court upheld a lower court’s ruling that by failing to provide the defense with a copy of police paperwork in a criminal case (Com. v. Jordan, T., 175 EDA 2014 (Pa. Super. Ct. 2014 )), the Commonwealth of Pennsylvania was barred from the evidence at trial.
Prosecution Failure Leads to Dismissal of Philadelphia Drug Cases