Philadelphia Litigation Titans Richard Sprague, Robert Mongeluzzi Clash in Closing Arguments of Market Street Collapse Trial
Mongeluzzi looked Sprague in the eye as he gave a blistering closing argument and told the elder statesman of Philadelphia law: "You are dead wrong."
By Brian X. McCrone ••
As he sat down, one of the dozens of besuited lawyers said to a colleague, "So this is how the movie ends."
Within minutes, a 91-year-old attorney no more than five feet tall told the jury at the Market Street collapse civil trial that they were "watching a Broadway play."
The hunched-over attorney before the 12 jurors and four alternates Wednesday was Richard Sprague, who began a 90-minute closing argument for his fellow nonegenarian, the developer Richard Basciano, who Sprague represents.
Basciano is one of six defendants in the civil trial for the Market Street collapse catastrophe. The courtroom drama has stretched more than four months. The other defendants are Basciano's company STB, his project representative Plato Marinakos, demolition contractor Griffin Campbell, Campbell’s excavator operator Sean Benschop, and the Salvation Army, which owned and operated the store that Basciano’s building crushed the morning of June 5, 2013.
Sprague, one of Philadelphia's most respected -- and feared -- litigants, began his argument by telling the jury he wanted "to talk to you from my heart."
He argued that no one involved wanted anyone killed. And now more than three years later, he said, the families of the seven people killed and the surviving 12 people who were injured in the collapse "don't want justice."
"They seek revenge," Sprague said. "And revenge can blind you."
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The elder attorney, however, did not have the last word in the two days of closing arguments. That duty was for another attorney with his own reputation for leading some of the largest civil lawsuits in recent Philadelphia history, Robert Mongeluzzi.
Mongeluzzi, representing the 19 plaintiffs, addressed Sprague by name in the midst of a blistering attack on the defendants -- in particular, Basciano and the Salvation Army, who would have the most assets up for grabs if found liable.
"I'll tell you, Mr. Sprague, you are dead wrong," Mongeluzzi said.
He began his own 90-minute closing by repeating a turn of phrase, "When it was time to," in comparing what he claimed were the defendants' actions leading up to the deadly catastrophe with their actions during the trial.
"When it was time to" demolish the Hoagie City shop, "they chose the inexperienced Griffin Campbell," he said. "When it was time to protect themselves, they brought in the legendary Richard Sprague."
"When it was time to protect the public, they chose no one. When it was time to protect themselves, they brought in Dr. (Najib) Abboud," Mongeluzzi said, referring to an engineering expert brought in to testify about the demolition process.[[294875661, C]]
Audible sighs came from the packed gallery of the sixth floor City Hall courtroom when Mongeluzzi told the jury that Abboud was paid $290,000 by the defense.
Attorneys for the defendants have at times during the trial blamed each other's clients for their role in the deadly collapse. Alternately, attorneys for STB and Basciano would blame Marinakos or the Salvation Army, the Salvation Army would blame STB and Marinakos, Marinakos would blame Benschop and Campbell, and STB, Basciano and Marinakos would blame Benschop and Campbell.
Benschop and Campbell are serving lengthy sentences in jail for their roles in the collapse. They are the only two who were criminally tried. Marinakos served as a willing witness for the Philadelphia District Attorney in the cases against the two.
After the closing arguments, Judge Theresa Sarmina will charge the jury to begin deliberations. Sarmina reportedly suspended the trial two days Thursday and Friday, and will charge the jury Monday morning.
The jury will then deliberate over a 36-question verdict sheet, which will determine whether any or all of the six defendants in the case are liable for damages to the families of the seven people killed and the surviving victims.
If any defendants are found liable, the trial will then enter its damages phase, during which attorneys will then present expert witnesses to give testimony about how much value can and should be assessed when life is lost, people are injuries, and trauma is incurred upon victims.
The jury would then deliberate again.
Kristine Dugan
June 5, 2013: This picture was taken from a high-rise building near the Center City collapse site.
Monique Braxton
Mayor Michael Nutter embraces the families of victims of the Center City building collapse at the site one year after the incident on June 5, 2014.
Monique Braxton
Nutter reads the official proclamation that donates the land at the former Salvation Army Thrift Store in Center City for a memorial park.
NBC10 Viewer
June 5, 2013: One survivor is treated at the scene. Click here for a list of all the survivors pulled from the rubble.
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June 5, 2013: Philadelphia Mayor Michael Nutter warned people to stay out of the area surrounding 22nd and Market Streets as rescuers searched for survivors. WATCH VIDEO: Mayor Nutter: Stay Out of Area
June 5, 2013: The Salvation Army Thrift Store that was destroyed when the building next door came crumbling down on top of it, was a popular fixture in the Philadelphia's Center City neighborhood.
NBC10 Viewer/ Chris Kirkwood
On June 5, 2013, Rescue workers respond to 22nd and Market Streets. A building collapse at the Salvation Army Thrift Store left a frantic scene, six people killed and injuring 13. Viewer Chris Kirkwood was on the scene within five minutes and captured the chaos.
NBC10.com
June 5, 2013: A white pickup truck was next to the building when it collapsed, sending rubble flying onto the street.
Getty Images
On June 5, 2013, Rescue workers respond to 22nd and Market Streets. A building collapse at the Salvation Army Thrift Store left a frantic scene, six people killed and injuring 13.
AP
Smoke filled the air as people run from the scene of the building collapse on the edge of downtown Philadelphia. The collapse at 2140 Market Street in Center City happened around 10:40 a.m. on June 5.
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June 5, 2013: Skyforce10 was over the scene minutes after the collapse Watch Video From Skyforce10
NBC10 Viewer/ Nick Matyas
A four-story building came down on top of a two-story building, which housed the popular Salvation Army Thrift Store in Center City.
City of Philadelphia
Large crowd gathers at the Center City building collapse memorial ceremony at 22nd and Market Streets.
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Attorneys gather at the Center City building collapse site one year after the collapse.
Monique Braxton
Girard College Choir sings at the one year remembrance ceremony at the Center City building collapse site.
Kristine Dugan
Salvation Army employees and shoppers were inside the store when the walls came crashing down.
NBC10 Philadelphia/ Kristen Catalanotto
June 5, 2013: Philadelphia Fire Commissioner Lloyd Ayers gives an afternoon briefing on search and rescue efforts WATCH VIDEO: Lloyd Ayers Speaks About Collapse
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June 5, 2013: Two of the people who died were Salvation Army employees. Who are the victims?
AP
June 6, 2013: Firefighters view the aftermath of a building collapse in Philadelphia. The day before, the building under demolition collapsed onto a neighboring thrift store. A survivor was pulled from the debris nearly 13 hours after the collapse.
This photo was taken on May 15, two weeks before the collapse, by an OSHA investigator. It was released by city officials.
Sean Benschop was operating a crane on the site of the deadly building collapse. He is serving 7.5 to 15 years for his role in the collapse.
Family Photo
Finnegan, 35, was a Salvation Army cashier. The day of the collapse was her first day working at the 22nd and Market Street store.
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Finnegan had just gotten engaged two weeks before the collapse. Remembering the Philadelphia Building Collapse Victims
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Anne Bryan, 24, was killed in the collapse. She was the daughter of Philadelphia City treasurer Nancy Winkler and a first year student at the Pennsylvania Academy of the Fine Arts. Remembering the Philadelphia Building Collapse Victims
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Mary Simpson was shopping at the Salvation Army with Anne Bryan, her best friend since elementary school. They both died in the collapse. Simpson was a graduate of Havertown High, remembered by faculty as an 'energetic' and 'happy' individual. Remembering the Philadelphia Building Collapse Victims
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Roseline Conteh was killed in the collapse. She was an immigrant from Sierra Leone who moved to Philadelphia 10 years ago. She was a mother of nine and grandmother of three. Remembering the Philadelphia Building Collapse Victims
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Borbor Davis, 68, a Salvation Army worker, had just hung up the phone with his wife 15 minutes before the collapse that killed him and five others. His family describes him and "kind and polite" and says he loved his job. Remembering the Philadelphia Building Collapse Victims
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Juanita Harmon, 75, was killed in the Center City building collapse. Her son tells NBC10 that his mother had just finish paying a utility bill and decided to stop by the thrift store as she often did. Remembering the Philadelphia Building Collapse Victims
NBC10 Philadelphia
June 10, 2013: Felicia Hill, 36, describes what happened when the four-story building next door came crashing down on the Salvation Army thrift store where she worked. Hill is one of 13 survivors. Video: Hill describes running for her life after the walls collapsed.
NBC10 Philadelphia
License and Inspection director Carlton Williams speaks in City Council chambers about the status of the demolition site's inspection.
Nov. 20, 2013: Mariya Plekan is overcome, emotionally, as she describes the morning she became a victim of a fatal building collapse at 22nd and Market Streets in Philadelphia. Plekan lost both legs after being buried alive for 13 hours.
NBC10.com
November 25, 2013: Griffin T. Campbell turns himself in to face charges that include third degree murder in the fatal collapse of a building he was demolishing in Center City. Campbell owned the construction company overseeing the demolition at the site. He is serving 15 to 30 years for his role.
June 5, 2013: The building collapsed at 10:43 a.m. and by 10:45 a.m., the first fire companies arrived on the scene.
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Rubble, dust and dirt at the site.
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SkyForce10 view of the building collapse site on the morning of June 5.
Rescue workers and police at the scene.
NBC10 Viewer Picture/ Bernie Ditomo
June 5, 2013: This is a picture from Bernie Ditomo, a truck driver with Belfi Brothers, who was on 21st Street heading towards Market Street when the building collapsed. He says it felt like an earthquake.Read Bernie's Story Here
NBC10 Philadelphia
June 5, 2013: Firefighters gather supplies to help with search and rescue efforts.
NBC10 Philadelphia
June 5, 2013: Emergency vehicles lined the streets for hours after the collapse, as rescue crews searched from morning to night for survivors in the rubble.
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Click here to read more about what this store meant to the community.
June 5, 2013: This cell phone picture was taken from an alley near the site of the collapse.
June 5, 2013: Reporters, photographers stand behind police tape, as people are asked to avoid the collapse area.
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June 5, 2013: Someone working at a building nearby snapped this picture from their office window.
NBC10 Viewer/ Christopher Reid
June 5, 2013: Picture taken by Christopher Reid a few minutes after the collapse.
NBC10 Viewer
June 5, 2013: The City of Philadelphia was notified of potential unsafe demolition practices happening at the site of Wednesday’s building collapse -- nearly a month before the deadly event. Click here to find out who warned them.
NBC10 Philadelphia/ Ed Dress
June 5, 2013: Philadelphia Fire Commissioner Lloyd Ayers announces at a Wednesday evening news conference that they will continue to search throughout the night.
NBC10 Philadelphia/ Ed Dress
June 5, 2013: Philadelphia Mayor Michael Nutter also spoke at that evening news conference. At the time this conference took place, only 1 person had been found dead.
NBC10 Philadelphia/ Ed Dress
June 5, 2013: "No existing violations on the property. It was permitted and the contractor did have a license," said Carlton Williams, Commissioner of Licenses & Inspection.
Twitter/ Red Cross
June 5, 2013: Red Cross workers gather at 22nd and Market Street.
Twitter/ Red Cross
June 5, 2013: The Red Cross was there to assist crews and offering emotional support to witnesses and responders.
NBC10 Philadelphia/ Ed Dress
June 5, 2013: Thirteen people were rescued from the rubble and taken by ambulance to area hospitals.
NBC10 Viewer/ Chris Kirkwood
June 5, 2013: Philadelphia Fire Commissioner Lloyd Ayers talks with Police Commissioner Charles Ramsey at the scene of the collapse.
NBC10 Viewer Picture/ Mike Adams
June 5, 2013: This picture was snapped by Mike Adams, who sent the picture into NBC10. He was in a building next to the collapse site.
Luis Cornejo
June 5, 2013: "Old building being demolished on 22nd and Market St., Philadelphia. Wow! Just realized I took this minutes before it collapsed!" Photo taken by Luis Cornejo, who says he took it on his way to work on Wednesday morning.
AP
June 5, 2013: Market Street was closed from 18th to 30th Street for most of Wednesday but the zone was made smaller by Thursday morning as only the roads within a couple blocks of the collapse remained closed.
AP
June 5, 2013: In this photo provided by Jonathan Hudson, police keep onlookers behind yellow tape near the building collapse in downtown Philadelphia.
AP
June 5, 2013: Emergency personnel respond to a building collapse in downtown Philadelphia.
NBC10 Viewer
June 5, 2013: This cell phone picture was taken shortly after the collapse.
NBC10 Viewer/ Chris Kirkwood
June 5, 2013: Chris Kirkwood sent this picture into NBC10 showing an aerial view of fire crews and police officers surrounding the area.
NBC10 Viewer Picture
June 5, 2013: NBC10 viewers sent in pictures showing all different views of collapse scene.
NBC10 Viewer Picture/ Lolly Galvin
June 5, 2013: People took to Twitter to share pictures and their stories. Building Collapse Reaction on Twitter
Twitter/ Larry Giuffra
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June 15, 2013: After searching for 13 hours, firefighters pulled a woman from the rubble after she reached out her hand. Read that story here
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June 5, 2013: Two of the youngest victims were best friends since elementary school who were shopping at the Salvation Army Victims Were Best Friends
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Thursday June 6, 2013: An exclusive aerial view of the collapse site one day later.
AP
In this photo provided by Jordan McLaughlin, a dust cloud rises as people run from the scene of a building collapse on the edge of downtown Philadelphia on Wednesday, June 5, 2013. A building that was being torn down collapsed with a thunderous boom, raining bricks on a neighboring thrift store, killing a woman and injuring at least 13 other people in an accident that witnesses said was bound to happen. (AP Photo/Jordan McLaughlin)
NBC10
June 5, 2013: Crews continue to work at site of Center City building collapse into the early morning hours of June 6.
NBC10
June 7, 2013: A Philadelphia Common Pleas Court judge grants an order after lawyers for two of the victims asked for an emergency hearing to preserve evidence and have it examined by their own experts and engineers. Read that story here
NBC10.com
June 7, 2013: The man who operated a backhoe at the site of Wednesday's deadly building collapse in downtown Philadelphia will be charged with the deaths of six people, sources tell NBC10 Philadelphia. Read the charges
NBC10 Philadelphia
June 5, 2013: Were proper demolition guidelines followed? City leaders answer that question
NBC10 Philadelphia/ Vince Lattanzio
WWDaleDo / Twitter
NBC10 Philadelphia/ Kristen Catalanotto
RidleyScotch / Twitter
Rachel Hodas
Joni Bernard
Joni Bernard
DoYouEvenBake / Twitter
NBC10 Philadelphia
June 5, 2013: The Philadelphia Fire Department had 125 people working at the scene. VIDEO: Firefighters Search for People in Rubble
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June 5, 2013: The Philadelphia Fire Department used 35 pieces of apparatus to help people trapped, according to Fire Commissioner Lloyd Ayers.
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June 5, 2013: Rescue efforts continued from 10:45 a.m. Wednesday until 6:30 a.m. the next morning.
June 5, 2013: A lawsuit has already been filed on behalf of two of the victims-- one shopper and one employee Read more about the lawsuit
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June 5, 2013: Aerial view of search from Skyforce10
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June 5, 2013: Aerial view from Skyforce10
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June 5, 2013: Skyforce10 over the scene
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Getty Images
PHILADELPHIA, PA - JUNE 5: Rescue workers search for victims and clear debris from a building that collapsed in an apparent accident at a demolition site, at 22nd and Market Streets, June 5, 2013 in Philadelphia, Pennsylvania. The building being demolished landed on top of a Salvation Army Thrift Store, destroying most of it and reportedly trapping and injuring over a dozen people. (Photo by Jessica Kourkounis/Getty Images)
Vince Lattanzio, NBC10.com
June 12, 2013: One week after the collapse, a mass of wood, glass and brick remains.
Vince Lattanzio, NBC10.com
June 12, 2013: An American flag and Pan-African flag flap in the wind as part of a memorial honoring the collapse victims.
Vince Lattanzio, NBC10.com
June 12, 2013: A high heel shoe can be seen in the middle of the rubble that still remains at the site where a Salvation Army store once stood.
Vince Lattanzio, NBC10.com
June 12, 2013: Beatrice Santorini stops by the collapse site to pay her respects to the victims.
Vince Lattanzio, NBC10.com
June 12, 2013: A memorial at 22nd and Market Street honors Kim Finnegan, one of the six people killed in the collapse.
