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Lycoming County District Attorney Tom Marino must have no involvement in the pending homicide trial against Kenneth Michaels, who is accused of fatally shooting his brother-in-law, John Roskowski, 69, inside the lobby of Cable Services on Aug. 17, 2023, Judge Ryan Tira said in a ruling issued Monday afternoon.
But the ruling stopped short of shifting the prosecution of Michaels, 66, away from the District Attorney's Office to that of the state Attorney General as requested by defense attorney Edward Rymza during a May 28 hearing on the matter.
Several issues were raised by Rymza during the hearing, including Marino's seat with First Assistant District Attorney Martin Wade during Michaels' preliminary hearing, as well as at a November bail hearing. These hearings were held before Marino returned as District Attorney in December, the attorney argued.
During the May hearing, Wade argued that Marino simply sat next to him, but offered no input on his handling of the hearings.
A month after the shooting, Marino accompanied county detective Stephen Sorage as he conducted an interview with a Cable Services Co. employee in her home, according to Rymza.
"This is just between us. It doesn't leave this room. We were never here," Marino allegedly told the employee at the conclusion of the interview, the employee said.
Marino was sequestered and expected to be called during the hearing, which he was fully willing and prepared to do, he previously told the Sun-Gazette. His testimony never came to fruition as neither side called him as a witness.
Marino's past personal interactions with Roskowski were a point of contention for Rymza, including at least one occasion on which Marino drove Roskowski to an inpatient drug treatment facility, Marino and his family being among social guests on Cable Services' corporate plane when Roskowski was the CEO in mid-2020, and a phone call made to Roskowski in June of last year seeking financial support for his campaign for district attorney.
Rymza's misgivings about Marino's involvement were moot, Wade testified, stating that he had preemptively blocked Marino from accessing any electronic files related to the case in April 2024, out of concern that a recusal request might be forthcoming.
Shortly thereafter, Wade received a text message from Marino formally recusing himself from any and all involvement in the prosecution of Michaels.
In his ruling, Tira barred Marino from discussing the case with any member of the District Attorney's Office and anyone on the defenses' side, as well as members of the media. Marino must also refrain from attending any hearings related to the case, even as an observer.
While Marino is already barred from viewing electronic files, Wade was directed to keep all physical documentation in a separate are from other cases, and be kept under lock and key within his office.
"I had no personal relationship with John," Marino previously told the Sun-Gazette.
"John and I were not friends. I helped him enter rehab once. I even busted him for drugs back in the 90s," Marino said at the time.
Michaels remains incarcerated without bail since his arrest in Cape May, New Jersey, 10 days after the shooting.