| June 10, 1999 |
Judge Rules Eagen Must Stand Trial |
By Ray Flanagan THE SCRANTON TIMES |
| Former Lackawanna County Judge Frank Eagen must go to
trial on all the charges against him, but the proceedings will be conducted in another
county, the judge specially appointed to the case has ruled. The order by Senior Judge Barry Feudale of Northumberland County, which was received Wednesday in Lackawanna County, should clear the way for what promises to be a legal brawl in which Mr. Eagen will try not only to defend himself but also to put District Attorney Michael Barrasse and his staff on trial. Mr. Eagen is charged with taking money in return for appointing guardians for estates under his jurisdiction that were eventually looted, and attempting to undermine an investigation by the county grand jury that eventually indicted him. He, in turn, charges Mr. Barrasse conducted a political persecution that culminated in Mr. Eagen's defeat for a second 10-year term as judge. Attorney William Costopoulos, Mr. Eagen's counsel, said it was his "best guess that the trial would start by late summer or early fall at the latest." A call to the state attorney general's office, which now is in charge of the prosecution, was not returned. The next step toward the trial is a decision by the state Supreme Court on where the proceedings will be conducted. Mr. Eagen had requested that a jury from outside Lackawanna County hear the case. The change of venue granted by Judge Feudale means the prosecution and defense -- and their witnesses -- must travel to the home county of the jury. Judge Feudale noted it was the first time in 12 years on the bench that he had moved a trial. He based his action on the saturation coverage given the case, particularly by The Tribune and The Scranton Times, even though "our review of the print-media coverage reflect no unfair, slanted or inflammatory material." The judge rejected Mr. Eagen's argument that the charges against him be dismissed because of prosecutorial misconduct by Mr. Barrasse and others assigned to the investigation. The judge said a consideration of Mr. Eagen's pretrial motions was not the proper forum to examine misconduct charges. Judge Feudale also denied Mr. Eagen's request for dismissal of charges of lying to authorities, making false reports to law-enforcement authorities and obstructing the investigation. The judge said a jury should decide whether there is sufficient evidence to uphold those accusations. The judge did rule favorably on requests by Mr. Eagen that he be supplied with: Transcripts of the federal grand-jury probe into the estates scandal and other information in the hands of federal authorities that could exonerate him. Mr. Eagen contends that federal prosecutors, who secured guilty pleas from three men involved in the estate looting, would have indicted him if he had done anything wrong. Judge Feudale, however, said he was not sure he had the authority to order the information to be handed over, so he directed Mr. Costopoulos to file a petition in federal court for their release. All information available on whether Philip Bosha, the man who says he gave kickbacks to Mr. Eagen for appointing him guardian of estates, received "any favorable considerations" from the time of his arrest in January 1996 until his testimony. The judge said his order does not apply to attorney Harold Kane, Mr. Bosha's counsel. Mr. Bosha was the subject of recent stories about attempts to have him transferred from the prison's community-service program into house arrest on an accelerated basis. He was eventually given house arrest because of his need for treatment of skin cancer. "I believe that Judge Feudale gave it a lot of consideration and we're going to go forward with his order," Mr. Costopoulos said, expressing confidence that the judge "would make sure these proceedings are treated fairly." In refusing to dismiss all charges because of possible prosecutorial misconduct, Judge Feudale said the accusation should properly be examined either before the Disciplinary Board that governs attorneys' conduct or in contempt-of-court proceedings. For him to dismiss serious charges against a public servant on those grounds without a clear precedent from Pennsylvania would be "too severe" a remedy, Judge Feudale said. He added that the investigation conducted by Mr. Barrasse and his staff passed the muster of the state attorney general's office, which agreed to prosecute. Mr. Eagen contends the charges against him should be dropped because of leaks of grand-jury proceedings, the release of a target letter against him just before the election in which he was defeated, and the failure of local prosecutors to recuse themselves even after they knew they would be witnesses against him. |
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