Effort to block testimony slows trial

Deputy Attorney General Patrick Blessington approached Senior Judge Barry Feudale just as FBI Agent Charles Grubert, who was called as a defense witness, was being asked about his grand jury appearance on March 1, 1996.

During a 30-minute sidebar conference out of the Dauphin County jury's hearing, Mr. Blessington was very animated, chopping the air repeatedly with his hand, as he tried to convince the judge to accept his position.

Judge Feudale eventually declared a recess so arguments could continue in his chambers.

The disruption delayed the defense questioning of Robert L. Burke, managing editor of The Times-Tribune newspapers, and reporter Frank Scholz about leaks surrounding the Eagen investigation.

Both Mr. Burke and Mr. Scholz are invoking Pennsylvania's Reporter Shield Law despite an order from Judge Feudale that they answer inquiries about how the papers learned of a "target" letter sent to Mr. Eagen on Oct. 21, 1996.

When the questioning of Mr. Grubert was stopped, it appeared defense attorney William Costopoulos was preparing to ask the agent about Phillip Bosha, who contends Mr. Eagen accepted five cash-filled envelopes from him.

FBI Agent Andrew Maseyko had just told the jury Mr. Bosha said in a Feb. 13, 1996, interview he had never paid for being appointed guardian of the estates of incompetent people which he later looted. Mr. Bosha pleaded guilty to the crime in both federal and state court.

Mr. Eagen is facing only state charges that he had accepted the kickbacks and then tried to derail the investigation by using the power of his position. The voters rejected Mr. Eagen's bid for another 10-year term in November 1997 after he was directly connected to the estates scandal by the "target" letter.

The prosecution maintains Mr. Bosha kept quiet about the $1,850 he had given Mr. Eagen until after his defeat at the polls because he feared the judge's power, but also hoped the judge would be able to get him a lighter sentence.

It does not dispute that Mr. Bosha denied for nearly a year that the judge was not involved.

The defense is countering that Mr. Bosha was a pawn in a scheme by District Attorney Michael Barrasse to have Mr. Eagen removed from office so he could run for the vacancy. Mr. Barrasse is on the Nov. 2 ballot for judge.

It is arguing Mr. Bosha turned on Mr. Eagen to get a lighter state sentence after learning in December 1996 that he would serve 30 months in federal prison. Mr. Bosha is currently serving a one- to two-year state sentence under house arrest.

In addition to Mr. Burke and Mr. Scholz, the defense had an array of other witnesses ready to testify to dispute Mr. Bosha's envelope-passing story and other aspects of the prosecution case.

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