Barry Lindsey, a man accused of posing as a lawyer in McKean County, will serve two to four years in state prison.
Lindsey, 63, whose address is listed in court records as Duke Center and Frewsburg, N.Y., represented himself in a trial last month for two cases. He was convicted in both.
According to documents filed at the time Lindsey was first charged, Lindsey advertised himself as “Barry Daniel Lindsey Legal Services” and accepted fees totaling $3,020 from two clients who were facing child custody issues. He did not appear for hearings for either clients, and he has never been a member of the Pennsylvania Bar and is not permitted to practice law in Pennsylvania.
He was sentenced on Friday before visiting Senior Judge William Morgan, who also ordered that Lindsey serve two years of probation on top of the prison sentence and pay a total of $3,020 to two victims.
At the start of Friday’s sentencing hearing, Lindsey asked if he could reschedule the hearing to another day, as there is still a third case pending against him.
A trial had been scheduled for Wednesday in the third case — in which Lindsey is accused of taking a down payment for a house painting contract he never followed through with — but only 52 of the summoned 175 potential jurors showed up.
Enough jurors were selected to make a jury, but there were not enough for there to be alternate jurors. Morgan, who was to hear the trial, said there was enough jurors to proceed if Lindsey would agreed to go without alternate jurors; however, Lindsey declined, so the jury was dismissed and the trial will be rescheduled.
On Friday, District Attorney Stephanie Vettenburg-Shaffer opposed Lindsey’s request to continue sentencing, and Morgan agreed.
Prior to Morgan sentencing Lindsey, Shaffer outlined Lindsey’s criminal record, noting, “This is an individual who has a history of theft-related crimes.”
The lengthy rap sheet included several theft-of-services charges, theft by unlawful taking, theft by deception, receiving stolen property and bad checks, as well as escape and reckless endangerment, she explained. The criminal cases are scattered over more than 30 years, beginning in the 1980s.
Speaking on his own behalf, Lindsey started, “I do want to apologize”; however, he further explained, “I had every intention of helping those people. I never intentionally tried to take money from them.”
According to Lindsey, “50 to 60 percent” of the criminal cases Shaffer was talking about were related to a bankrupt company, and he pleaded guilty to charges of which he was not guilty. “I’m going to stand by my ground that there was no intent, and I’m innocent of trying to intentionally harm those people.”
Morgan responded, “The point is that you may have had troubled times financially. Many people do.” But it’s not an excuse to take money he’s not entitled to, Morgan added. “Somebody who is not a lawyer cannot present themselves as a lawyer to take fees,” said the judge.
Also as part of his sentence, Lindsey will also undergo a mental health evaluation and write apology letters to the victims. Morgan said a letter from one victim indicated Lindsey’s actions did a “great deal of damage” to her life.
Morgan further stated, “Your attitude to showing any remorse for what you have done is kind of dashed from the fact that you took off for a couple of years” — instead of answering to the charges.
Charges in all three cases were filed in 2014, but it wasn’t until February 2016 that law enforcement officials were able to locate Lindsey and take him into custody.
Court records indicate that since the date of the lawyer scheme trial, Lindsey has filed a flurry of motions in McKean County Court, including a motion to dismiss all three cases due to fraud, a motion to compel Shaffer to resign immediately, a motion to either dismiss all charges or to grant a new trial due to fraud by the district attorney, a motion to dismiss cases due to prosecutorial and judicial misconduct, a motion to recuse Morgan, a motion for mistrial and a motion to change venue due to publicity created by the first trial and more.
None of the above motions were granted, court records show.