Star witness tells of kickbacks

Mr. Bosha, who has admitted looting estates in both federal and state court, said the payments were part of an unspoken pact that the judge should receive something for giving him power over the finances of incompetent people.

The witness's direct testimony was followed by a cross-examination during which attorney William Costopoulos, Mr. Eagen's counsel, tried to undermine Mr. Bosha's credibility by showing he did not implicate the judge until he was faced with the possibility of long prison time.

Mr. Bosha said he was aware he might receive lesser sentences in state court if he provided authorities with another suspect, but insisted Mr. Eagen did take the money.

The alleged kickbacks began in April 1993, seven months after he began to act as a guardian, and continued through World Series time (October) in 1994, he said. They totaled $1,850, Mr. Bosha claimed.

Mr. Bosha is the key to the major charges against Mr. Eagen, who is accused of using his judicial power over estates to enrich himself. The former judge is also charged with trying to block the investigation into the kickback scheme.

Deputy Attorney General Patrick Blessington also had Mr. Bosha back other aspects of the case that point to Mr. Eagen taking bribes. They include a phone call made to Mr. Eagen after his records were seized, conversations in which Mr. Eagen cautioned him to be quiet, and an order from Mr. Eagen to use a court letterhead in conjunction with his guardianships.

Mr. Blessington called five other witnesses during the day to bolster the obstruction charges, but Mr. Bosha, who said he had been prepped for his appearance for five hours on Friday, was the main attraction.

Mr. Bosha admitted that he denied giving bribes to any judges in three interviews with law-enforcement officers and before a Lackawanna County grand jury where he testified under oath.

The kickbacks did not come up, Mr. Bosha conceded, until he learned in November 1996 he would serve 27 to 33 months in federal prison, instead of the six months he expected. He was facing additional time in both Lackawanna and Wyoming counties.

The exchange between the witness and defense lawyer was matter-of-fact:

Mr. Costopoulos: "You know what you have to do at this point?"

Mr. Bosha: "I have to give somebody up."

Mr. Costopoulos: "At that point you decide to give someone up?"

Mr. Bosha: "True."

Mr. Costopoulos, standing over Mr. Eagen: "This is the gentleman you gave up?"

Mr. Bosha: "True."

But Mr. Bosha insisted a few questions later that he was not lying about Mr. Eagen taking the bribes. He had kept quiet, he said, because he had feared Mr. Eagen's power as a judge, and had hoped that power would be used to get him a lighter sentence.

Mr. Costopoulos made a production of getting Mr. Bosha to be more specific about the kickback dates by marking periods on large calendars. At one point, the defense attorney hinted there may be witnesses to rebut Mr. Bosha's account.

He also hammered Mr. Bosha about the sentences he received after accusing Mr. Eagen. The witness said it was probation in Wyoming County and 12 to 24 months in Lackawanna County. He acknowledged he received home confinement shortly after he was jailed.

The question "Who is James Pappas?" caught Mr. Bosha off guard for several seconds. After receiving a hint, he remembered he was the man supervising his home confinement.

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