SMETHPORT – A McKean County judge upheld a guilty verdict against a former Bradford oncologist charged with stealing Motrin from Tops Friendly Markets.
McKean County Judge John Yoder found Dr. Edward Miskiel guilty after a de novo trial on Miskiel’s summary offense appeal. Miskiel was found guilty by Magisterial District Judge Dom Cercone of stealing a bottle of Motrin worth ,10.99.
A de novo trial, common in appeals from small claims court judgments, is one that is held as if no trial had been held. McKean County Assistant District Attorney Christa Schott filed a letter brief; defense attorney Greg Henry filed a brief in the matter.
“… The Court is convinced beyond a reasonable doubt that the Tops employees witnessed (Miskiel) remove the Motrin from the shelf and place it in his cart and this was the same bottle of Motrin which (Miskiel) concealed on his person and eventually surrendered to the assistant manager from his person,” Yoder wrote in the memorandum.
Miskiel had been shopping with his teenage daughter on April 3, 2006, at Tops in Bradford when the incident took place. During a hearing in front of Cercone, Miskiel’s daughter testified that she had taken the Motrin.
The police found several items such as blueberries, chicken, bacon and a fleet enema in the daughter’s purse.
Yoder noted that even though the lot number of the bottle did not match the lot number on the box retrieved from the pizza freezer, it was not an issue that needed to be resolved for him to decide the case.
The defense presented the testimony of a registered pharmacist, Yoder wrote. The pharmacist said that the lot numbers on the package would have to match the lot number.
Yoder also surmised that the arguments presented by both parties were “not determinative in this case since motive is not a necessary element of the crime of retail theft.”
The defense asserted that Miskiel would not have taken the Motrin since he had a lot of money and large credit card limits. The prosecution, on the other hand, pointed out that he had just been terminated from Bradford Regional Medical Center.
One thing Yoder said was important was Miskiel’s response when Bradford Police Officer Mike Ward asked him why he would do that.
“The Defendant’s response was not to deny the shoplifting but to state that there was a first time for everything,” Yoder wrote.
Then, Miskiel attempted to explain that answer by stating he was referring to his daughter, not himself.
“This is an explanation which the Court finds to be incredible under the circumstances,” Yoder said.
Miskiel was sentenced to pay ,224.50 by Saturday.
In January 2006, Miskiel was fired from Bradford Regional Medical Center where he was an oncologist. Shortly after he was terminated, many of his patients rallied with the doctor, stating there were no grounds for his termination.
BRMC and Bradford Regional Medical Services filed a lawsuit against Miskiel, alleging he surfed pornography on hospital computers and did not properly bill for services.
Miskiel has also filed a lawsuit, claiming he was wrongfully terminated.
