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IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Jenny Lee Ruiz, Petitioner v. Attorney General of Pennsylvania, Respondent

: : : : No. 100 C.D. 2001 : : : Argued: September 12, 2001

BEFORE: HONORABLE JOSEPH T. DOYLE, President Judge HONORABLE JAMES GARDNER COLINS, Judge HONORABLE BERNARD L. McGINLEY, Judge HONORABLE DORIS A. SMITH, Judge HONORABLE DAN PELLEGRINI, Judge HONORABLE ROCHELLE S. FRIEDMAN, Judge HONORABLE BONNIE BRIGANCE LEADBETTER, Judge OPINION BY JUDGE COLINS FILED: December 11, 2001

Before the court is an appeal by Jenny Lee Ruiz from the Attorney General's decision declining to intervene in the case of Commonwealth v. Jenny Lee Ruiz, Berks County Criminal Action No. 2645-00. We quash this appeal for lack of jurisdiction. Jenny Lee Ruiz has been charged with prostitution, criminal conspiracy, and two counts of corrupt organizations for alleged incidents that occurred at the Odyssey Health Club (Club) in Reading, Pennsylvania. Susan Beissel, an official court reporter employed by Berks County, transcribed a deposition of Ruiz, who testified to performing sexual acts at the Club on Mark Baldwin, District Attorney of Berks County. Another employee of the Club, Magali Rivera, testified that Baldwin came into the Club and received sexual

services from her on two occasions. Additionally, Danielle Didyoung testified that Baldwin was a customer at the Club. Ruiz, Rivera, and Didyoung separately identified Baldwin out of twelve black-and-white photographs. On June 6, 2000, Ruiz gave a statement to the Reading police implicating her in criminal activities that took place at the Club. On October 25, 2000, Rivera did the same; however, Rivera later stated that she falsely implicated Baldwin as a client of the Club because her employer told her to do so. On October 6, 2000, Ruiz filed a memorandum in support of disqualification of the district attorney and appointment of attorney general. Subsequently, a hearing was held, and on November 9, 2000, the trial court issued an order referring the matter to the president judge for a request to the Attorney General to intervene in the matter. In its opinion, the trial court stated, "[T]he conflict of interest in this case is significant enough that the Berks County District Attorney may not be able to make an independent determination regarding the prosecution of the defendant." (Trial Court Opinion, p. 7). Subsequently, on November 17, 2000, pursuant to Section 205(a)(5) of the Commonwealth Attorneys Act, Act of October 15, 1980, P.L. 950, as amended, 71 P.S.

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