[Editor’s note: The following letter, dated February 21,2008, was received by Wayne County District Attorney Michael Lehutsky in Honesdale and supplied by him to The Wayne Inependent on February 29. The letter was from attorney Mark W. Tanner of Philadelphia and addressed to Lehutsky, Pa. Attorney General Thomas Corbett in Harrisburg and Colonel Jeffrey B. Miller, Pa. State Police in Harrisburg:]


[Editor’s note: The following letter, dated February 21,2008, was received by Wayne County District Attorney Michael Lehutsky in Honesdale and supplied by him to The Wayne Inependent on February 29. The letter was from attorney Mark W. Tanner of Philadelphia and addressed to Lehutsky, Pa. Attorney General Thomas Corbett in Harrisburg and Colonel Jeffrey B. Miller, Pa. State Police in Harrisburg:]

Dear Mr. Corbett, Mr.Lehutsky and Colonel Miller:

I am writing to share with you facts and circumstances which I learned during my representation of the Estate of Diane M, Glynn, as I believe a serious crime has gone unpunished. Ms. Glynn was a single mother of three, when she was killed on April 15, 2005 in a motor vehicle accident which occurred on State Route 590 in Wayne County, Pennsylvania at approximately 9:00 a.m. The driver of the vehicle that crossed over the double yellow line and hit her head on that morning was Dean O'Halloran. At the time, he was twenty-two (22) years old, had a prior DUI charge that resulted in a diversionary disposition, was involved in a hit and run accident three hours earlier that morning, and he had a blood alcohol of more than double the legal limit. Mr. O'Halloran was never even arrested. Curiously, the case was investigated by the Pennsylvania State Police, and Mr. O'Halloran's stepfather is a Corporal with the Pennsylvania State Police.
The civil case which I handled on behalf of the three orphaned Glynn children has now settled, and I am sending you the materials that I have gathered privately in discovery, because I believe these children deserve to have the man who killed their mother prosecuted, and the failure of the State Police to commence any reasonable investigation to date warrants a serious investigation.
By way of relevant background, I am enclosing a copy of the Pennsylvania State Police report which describes the accident in which Ms. Glynn was killed. [Exhibit "A"]. According to eye witnesses, the O'Halloran vehicle which crossed the center line and struck Ms. Glynn's vehicle that morning had been observed to have been weaving for several miles prior to the accident. [See witness statement and deposition transcript of Gale Wintennute, attached as Exhibit "B"]. Notwithstanding that this information was provided to the investigating officer, Trooper Foy, he engaged in no field sobriety testing at the scene, nor did he request a breathalyzer or blood alcohol test as part of the investigation of this fatal accident. Trooper Foy's sworn deposition testimony with exhibits is attached hereto as Exhibit "C."
In fact, at the scene, the driver responsible for this accident. Dean O'Halloran, called his stepfather from his cell phone. His stepfather is Michael McTavish, who is a Corporal with the Pennsylvania State Police. That call was made before Trooper Foy conducted his investigation. A copy of Mr. O'HaIloran's sworn deposition testimony (in which he asserted his fifth amendment right to questions concerning whether and when he had been drinking) is attached hereto as Exhibit "D," and the deposition testimony of his stepfather. Corporal Michael McTavish, is attached hereto as Exhibit "E."
Remarkably, during the course of our investigation in the civil case, we learned that the accident which took Ms. Glynn's life at 9:00 that morning was not the first accident that Mr. O'Halloran had been involved in that day. Instead, at approximately 6:15 that morning, he was involved in a hit and run accident in Lackawanna County which was also purportedly being investigated by Pennsylvania State Police Trooper Rick Janesko. A copy of the Police Accident Report reflecting this hit and run accident is attached hereto as Exhibit "F." This hit and run accident is described in greater detail by the victim of that incident, Nicholas Streit, whose statement is attached as Exhibit "G." The hit and run accident was also observed by independent eye witness, Clarence Tubbs, whose statement is attached as Exhibit "H." Mr. Tubbs described how he reported the hit and run incident, and secondly that later that day he was informed of the subsequent fatal accident. He specifically indicated that after learning of the fatal accident, he spoke with a State Trooper and told him what he knew, and they indicated they would be in contact with him, but he never heard from anyone again.
Luckily, the hospital personnel themselves requested blood alcohol testing on Mr. O'Halloran. Blood collected at 11:17 a.m. that morning, some two hours after the accident, revealed a blood alcohol level of .149%, A copy of Mr. O'HaIloran's blood alcohol testing is attached hereto as Exhibit "I," and the sworn deposition testimony ofB, McGrath, who was the lab technician that processed the specimen is attached hereto as Exhibit "J." Breath alcohol testing was performed later that day at the insistence of Mr. O'HaIloran's employer, and at 3:42 p.m. that afternoon, pursuant to the breath alcohol testing, Mr. O'HaIloran's blood alcohol was still recorded as .059%. A copy of the breath alcohol testing report is attached hereto as Exhibit "K," and a copy of the sworn deposition testimony of the alcohol technician, Theresa Stancavage is attached hereto as Exhibit "L."
 Following this fatal accident, two of Ms. Glynn’s children who had not yet reached the age of [maturity] were placed in foster cafe. Her eldest daughter, who was completing college, struggled to keep the family together, and this tragedy and suffering has proven unimaginable. I have a great deal of additional information pertaining to these events, and would be happy to supply it in support of any investigation which should be conducted. As an attorney for the children of Ms. Glynn, we would simply ask that someone from law enforcement provide us with a detailed explanation as to why Mr. O'Halloran was never prosecuted in any way in connection with these events. As far as I can tell, he did not even receive a traffic ticket.
Should anyone have any questions, please call me.
Very truly yours,
Mark W. Tanner