Prosecution hitting hard at reaction

"What are you doing? I thought we were friends? You're ruining me," Robert Smith, an employee of the Linden News Stand quoted Mr. Eagen as yelling in the fall of 1996 at the man who is accusing the former judge of taking bribes.

The testimony before a Dauphin County jury forms a vital part of Deputy Attorney General Patrick Blessington's trial theory that the judge acted like a guilty man in his reactions to the investigation that led to his indictment.

Attorney William Costopoulos, Mr. Eagen's counsel, asked Mr. Smith only one question: "Was the judge upset?" Mr. Smith agreed he was. Mr. Costopoulos' theme throughout the trial has been Mr. Eagen was driven to his actions by the constant barrage of bad publicity about his handling of estates.

Mr. Blessington this morning called three other witnesses who hit upon other facets of the case:

Deputy Attorney General Robert O'Hara recalled a conversation with Mr. Eagen in December 1996 during which he was asked about the probe and some of the investigators. Mr. Eagen is also facing charges he tried to derail the probe with his constant queries about its progress. During cross-examination, Mr. Costopoulos concentrated on the negative news stories.

Frank Noonan, a staff member in the attorney general's office who was then an FBI agent, testified about an interview which Mr. Eagen set up in April 1997. Mr. Blessington concentrated on what Mr. Eagen did not say during the interview, especially about a phone call he received from Mr. Bosha on Feb. 6, 1996 -- the day his records were seized.

Mr. Costopoulos questioned Mr. Noonan about an interview an agent had with Mr. Bosha in February 1996 in which Mr. Bosha specifically denied paying off any judges. Mr. Blessington has portrayed Mr. Bosha as a man who feared Mr. Eagen because of his powerful position, but also hoped he would help him out.

William Nish, human resources director of The Times and Tribune, said there was no record of Special Agent Kevin Colgan working for the newspapers. Two of the obstruction charges against Mr. Eagen involve a letter he wrote complaining about Mr. Colgan's actions.

Mr. Colgan recently acknowledged working as a security guard at a Times facility about 10 years ago after first denying any connection with the papers while working for the attorney general's office.

In their opening statements to jurors Wednesday, Mr. Blessington and Mr. Costopoulos agreed the case has two parts -- the bribery-based charges centering on Mr. Bosha's dealings with Mr. Eagen and the obstruction component in which Mr. Eagen allegedly tried to stall the investigation that led to his arrest.

Mr. Blessington sees them as equals. Mr. Costopoulos described the obstruction counts as a "red herring" thrown in because Mr. Bosha, an admitted thief and accused liar, is a poor witness.

The prosecutor used his first two witnesses -- Assistant District Attorney Kathleen Granahan and former Assistant District Attorney Michael Brier -- to tell how Mr. Eagen approached them, seeking details on the grand jury information.

Ms. Granahan, who was heading the estates probe, said she was "concerned, very concerned" about constant questioning by Mr. Eagen because she still had to appear before him on other criminal matters.

"What do I do?" she said she kept asking herself. "I have to appear before him." Mr. Costopoulos maintained Mr. Eagen had a right to be concerned.

"Every call he made was to find out what was going on in his life" because he was about to go before the voters amid an avalanche of negative publicity, the attorney said.

Mr. Eagen eventually lost his retention election in November 1997 after a newspaper story revealed he was a target of the grand jury probe.

The defense attorney had Ms. Granahan read headlines, implicating Mr. Eagen in the estates scandal, from a black binder that was a key exhibit. He asked her more than once whether she knew how the newspaper got the information.

"I have no idea," she said. "Anybody can see who is walking into the grand jury room." Later questions made it clear the information contained in the stories could not be gleaned by watching the room.

Mr. Brier also testified Mr. Eagen asked him about the probe at a political event in September 1997. He added there was some discussion about news stories naming Mr. Eagen before the query was made.

Mr. Blessington also called Anne Frye, Mr. Eagen's former secretary, to acknowledge she had once asked Ms. Granahan for information on the estates probe after being told to do so.

Mr. Costopoulos used his cross-examination of Mrs. Frye to elicit testimony about how strict Mr. Eagen was about accepting gifts.

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