NEPA News

Tuesday, October 19, 1999

Eagen's defense rips Bosha


By Ray Flanagan TRIBUNE STAFF WRITER
HARRISBURG -- James Rusnock testified Monday that Phillip Bosha told him he became so upset at falsely accusing former Lackawanna County Judge Frank Eagen of taking bribes that he went home and "nearly puked his guts out."

Mr. Rusnock could be a pivotal witness at the trial of Mr. Eagen, who is also charged with trying to block the investigation that resulted in his arrest, because Mr. Bosha's purported admission came after he had turned Mr. Eagen in. Mr. Bosha stresses he was lying when he previously told authorities that Mr. Eagen had done nothing wrong.

Attorney William Costopoulos, Mr. Eagen's counsel, called 17 other witnesses besides Mr. Rusnock to buttress the defense case during the fourth day of testimony before a Dauphin County jury and Senior Judge Barry Feudale of Northumberland County.

Deputy Attorney General Patrick Blessington, the prosecutor, spent the day counter-punching by casting doubts on the credibility of some witnesses and trying to prevent testimony he believed was previously excluded from coming before the jurors.

Other highlights:

Dispute of testimony by District Attorney Michael Barrasse that part of the deal he offered Mr. Eagen on April 3, 1997, was that the judge would have to admit wrongdoing. Attorney Paul Walker, Mr. Eagen's counsel at the time, said Mr. Barrasse's main concern seemed to be getting Mr. Eagen out of office so all he wanted was acknowledgment that crimes had been committed under the judge's watch. This bolsters the defense contention that the prosecution was politically motivated.

A reminder to the jury that Mr. Eagen was never prosecuted federally although Mr. Bosha and two other men caught looting estates were. Four present and former federal law-enforcement officers testified about aspects of their investigation.

The calling of eight character witnesses, including former Lackawanna County Chief Detective Walter Carlson and Jerry Moran, a special agent for the Internal Revenue Service, to say that Mr. Eagen had an upstanding reputation in the community.

But Mr. Rusnock, a Swoyersville resident who has not been connected to Mr. Eagen in any way, was the headliner with his story of Mr. Bosha telling him sometime in February or March 1997 that he had informed his attorney, Harold Kane, that he had given Mr. Eagen money.

Mr. Bosha indicated, Mr. Rusnock said, that he wanted to retract the story. He never did because he testified last week about five payments, totaling $1,850, that he had given to the judge for appointing him to the guardianships of estates he later looted.

Attorney David Morgan, Mr. Rusnock's close friend who convinced him to go public, described how Mr. Eagen called him to ask whether he had heard anything new, he then went to a store where he saw a story about the case and called Mr. Rusnock to talk about it.

It was then, Mr. Morgan said, that Mr. Rusnock told him about the throwing-up admission by Mr. Bosha while he was fixing a computer at the Bosha home.

Three days later, Mr. Morgan said, he told an elated Judge Eagen about Mr. Rusnock's encounter with Mr. Bosha.

Under cross-examination, Mr. Morgan denied that he was Mr. Eagen's agent, although the judge often asked him during the investigation "What do you know? What do you hear?" He conceded he had no direct knowledge of what went on between Mr. Rusnock and Mr. Bosha.

County Detective Joseph Jordan said he attended a meeting in the district attorney's office at which Mr. Rusnock told Mr. Barrasse that Mr. Bosha lied about paying off Mr. Eagen.

Mr. Bosha's story about one of the payoffs was also dented by Mary Jo Shisko who said she spent many hours at a home in Archbaldwhere one money delivery was supposed to have happened, but never saw Mr. Eagen there.

The April 3 meeting, which Mr. Walker described, is central to the defense argument that Mr. Eagen was charged to get him out of office so that Mr. Barrasse could run for his seat. Mr. Barrasse, who is a candidate for judge in November, absolutely denies the contention.

Mr. Walker said Mr. Barrasse was interested in Mr. Eagen's resignation, but no admission of wrongdoing, as late as Dec. 1 -- a month after Mr. Eagen was defeated for retention as judge. Mr. Barrasse said told him there would be no charges if Mr. Eagen would resign immediately, the defense attorney said.

The other character witnesses were Russell Cammer, a businessman; James Evans, a retired principal, Marty Pentrasaglio, a businessman; Tom Gable, a former Taylor councilman, and Judy Schmitt and Dr. Paul Williams, who are ministers.

 
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