Prosecution picks at Eagen key witness

Deputy Attorney General Patrick Blessington has looked askance at how Mr. Rusnock appeared almost by magic in April 1997 at just the time Mr. Eagen was under heavy pressure because of kickback allegations to say Phillip Bosha, his principal accuser, was lying.

The prosecutor also has hammered at Mr. Rusnock's concise trial testimony, aided by an undated memo to himself, which he has contrasted with the man's more rambling answers when questioned before a Lackawanna County grand jury.

Mr. Eagen realizes Mr. Rusnock's importance.

When he heard about him, Mr. Eagen told a Dauphin County jury Tuesday, "I know I was the luckiest man in the world or someone was praying for me." Mr. Eagen was at his nadir. He had just been told by District Attorney Michael Barrasse he would receive a "target letter" if he did not resign shortly because of the Bosha accusations. He knew the letter would cost him his judgeship.

Even though it was a false hope, Mr. Eagen thought Mr. Rusnock's testimony would save him. He did receive the "target letter" and lost a retention election in November 1997.

But Mr. Rusnock may still be his savior with his claim about Mr. Bosha admitting to him that he was lying.

For that reason, attorney Andrew Hailstone was a last-minute witness who appeared Tuesday on only a day's notice to support Mr. Rusnock's story.

Mr. Hailstone, who represented Mr. Rusnock during his grand-jury appearance, produced a copy of the memo dated April 10, 1997. He said he told Mr. Rusnock to write one to keep his memory fresh of what happened with Mr. Bosha.

Mr. Blessington was skeptical about the appearance of a dated memo. He strongly pointed out how convenient it was for the defense, suggesting that the date and time had just been added.

Mr. Hailstone was not shaken.

He not only defended the authenticity of the memo, but also attacked how Mr. Rusnock was handled before the grand jury.

"I remember my reaction when I left the grand jury room was that questions to bring out Mr. Rusnock's memory of what happened ... were not asked." Attorney William Costopoulos, Mr. Eagen's counsel, also called attorney Thomas Munley who said Mr. Barrasse told him that he would not prosecute Mr. Eagen, if he did not run for retention as a judge.

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