| Sunday, October 17, 1999 |
Eagen Verdict Will Determine Heroes, Villains |
BY RAY FLANAGAN |
| HARRISBURG -- A screenwriter would have no trouble crafting a plot no matter how the bribery and obstruction of justice trial of former Lackawanna County judge Frank Eagen ends.
If Mr. Eagen is convicted, the heroes would be a team of intrepid investigators, led by District Attorney Michael Barrasse, who overcame the efforts of a crooked judge who used all the power that his position possessed to keep them from uncovering his scheme to steal from the estate assets of people declared legally helpless to take care of themselves. Phillip Bosha, who said he made kickbacks, would be cast as villain who finally did the right thing after overcoming his fear of what the judge might do to him and the faint hope that he might get a break by remaining silent. An innocent verdict would reverse the roles. Mr. Eagen would become a beleaguered judge who had to take on a corrupt district attorney, fighting to avoid prison for crimes he did not commit. He endures the burying of his reputation by a mudslide of news coverage, the sight of his family's emotions breaking down and the financial burden of preparing the best defense. The villain this time would be Mr. Barrasse, who used his awesome prosecutorial power to have the voters toss Mr. Eagen out of office so he himself could become the judge he wanted to be. Mr. Bosha would be reduced to a bit player who was seduced to lie by the promise of a light sentence. Either plot would be played out in an urban area where everyone -- particularly the legal community -- knows each other so there is a strong tendency to look the other way. The Dauphin County jurors were told Friday the Eagen trial could be over by Wednesday. Testimony resumes Monday. Senior Judge Barry Feudale's estimate seemed optimistic because attorney William Costopoulos, who is representing Mr. Eagen, still has 10 to 12 witnesses to call. Longest on the stand will be Mr. Eagen, who will dispute the testimony of many prosecution witnesses. Deputy Attorney General Patrick Blessington will then try to rehabilitate his case through a cross-examination that could last some time. He also could call rebuttal witnesses. SURPRISE WITNESSES? The defense has refused to divulge whether it has any more surprise factual witnesses like the Harrisburg sports editor, who said Mr. Bosha had testified falsely when he said he had made a payoff to Mr. Eagen around the time of the World Series in 1994. Impossible, the editor told the jury, because there was no World Series due to a baseball work stoppage. The styles of Mr. Costopoulos and Mr. Blessington have kept the trial moving at a quick pace. Both are minimalists. A question answered is a fact for the jury. They seldom change a question's form in an effort to produce a different result. They often pass the opportunity to question a witness on something that is already on the record. If direct testimony produces nothing new, they will not cross-examine. DIFFERENT APPROACHES Mr. Costopoulos is entertaining with his cowboy boots and courtroom roaming, while Mr. Blessington displays a command of the facts and a direct approach. Mr. Blessington became combative Friday during character testimony about Mr. Eagen by his family and friends. He had Judge Feudale cut off attorney Peter Chapla, Mr. Eagen's former law clerk, when Mr. Costopoulos asked about Mr. Eagen's return-to- sender policy on gifts from lawyers. The policy, which Mr. Costopoulos mentioned in his opening statement, was described in detail by Anne Frye, the judge's former secretary, who had been called as a prosecution witness. Mr. Blessington was within his rights because Pennsylvania law limits what character witnesses can say. Their willingness to appear on behalf of a defendant is their major effect on a jury. Few have seen the trial which would have packed a Lackawanna County courtroom. Mr. Eagen's wife, Eleanor, his mother and his sister have sat near him throughout. The jurors cannot miss the support they have given him. Mr. Eagen was also bolstered on Friday by his seven witnesses and several friends who spent the day in the courtroom. He mingled with them during breaks. Special Agent Kevin Colgan of the Attorney General's office, one of the chief investigators, has been monitoring the testimony since he took the witness stand. Assistant District Attorney Kathleen Granahan, the first witness as the supervising attorney for the estates investigation, is often in the courthouse but seldom in the courtroom. The high drama proves that all news is local, to borrow former U.S. Speaker of the House Tip O'Neill's axiom on politics. The Harrisburg media has been in and out of the courtroom where the political morality play is in production, but its members have been interested in quick strikes rather than complete coverage.
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