The development came only five weeks before Eagen will run in a retention election that could give him a second 10-year term on the bench and just two days after the judge denied he was the subject of a grand jury investigation.

Eagen has been under the estates-investigation cloud for almost a year, but Friday may have been the first time the grand jury hearing evidence in the estates scandal has heard testimony directly related to him.

The estates investigation is continuing in Lackawanna County, District Attorney Michael Barrasse said. We are continuing to work on it.

Barrasse declined to comment further.

But attorney John Petorak acknowledged that attorney David Morgan, one of two men who surfaced months ago to say Eagens main accuser was lying, was quizzed about Eagens possible involvement when he appeared before the investigative panel on Friday.

Morgan injected himself into the estates investigation in April, when he told The Times that a friend, James Rusnock of Wyoming, had approached him with a claim that Scranton insurance underwriter Philip Bosha admitted fabricating allegations he made against Eagen.

Bosha, one of three men serving prison terms for looting the estates of incompetent people they had been appointed to guard, previously passed two lie-detector tests about his claims that on five separate occasions Eagen accepted cash payments from him with money stolen from the estates. One of the tests was administered by the state attorney generals office.

Within days after Boshas claims were reported publicly, Morgan announced that Rusnock told him about the alleged conversation he had with Bosha.

He immediately urged Rusnock to make that information public, said Morgan, who subsequently contacted Eagen and confirmed the story to The Times.

According to Petorak, who accompanied Morgan to his hour-long grand jury appearance, Morgan was asked about his relationship with Rusnock, how and why Rusnock approached him about Bosha and what he did with the information.

Rusnock also appeared before the investigative panel for nearly an hour Friday but his attorney, Andrew Hailstone, declined to comment about the testimony.

The panel is expected to hear in early October from Bosha and Ronald Worobey, who also is serving time for his role in the estates scandal.

Eagen appointed Bosha to a number of guardianships, and Bosha frequently employed Worobey as his attorney. In some cases, Eagen appointed Worobey as guardian of the individuals, while Bosha controlled the finances.

When Morgan and Rusnock appeared before the grand jury Friday, they were questioned by Assistant District Attorney Frank Kearney, a new addition to Barrasses staff. Kearney reportedly was hired specifically to handle the investigation into Eagens possible involvement in the scandal.

Barrasse described Kearney as a veteran prosecutor from Philadelphia who recently moved to this area. He has been assigned to help Assistant District Attorney Kathleen Granahan with the probe.

Rusnock went before the grand jury first.

Petorak said it appeared the panel was trying to match Morgans testimony with that of Rusnock. From the tone of the questions and the reactions to Morgans answers, Petorak said, there did not appear to be major inconsistencies.

After Rusnock and Morgan testified, a man identified as an employee of a newsstand frequented by Bosha went before the grand jury unaccompanied. When he emerged 15 minutes later, he declined comment.

Kevin Colgan, an agent for the state attorney generals office who has been assisting in the probe, spent the morning outside the grand-jury room. He left with Kearney when the session ended shortly before 12:30 p.m.

Boshas and Worobeys scheduled appearances before the grand jury reportedly will be crucial to whether Eagen will be charged with criminal activity. The veracity of their testimony will be measured against Rusnocks and Morgans. It could not be determined whether there are other major witnesses.

Three calls were made to Eagens home Friday night. His wife answered once and said she would give the message to the judge. On two later calls, the line was busy.

Just two days ago, Eagen said he was not the subject of a grand jury probe.

There is no grand jury investigating me, the judge said as part of an interview about being denied endorsement for his retention by the countys Republican Party.

I dont expect (county Republican chairman) Al Fazio to follow the primrose path of the nonsense The Scranton Times publishes, the judge said.

Worobey, in a recent prison interview with The Times, said that while he was bilking estates he did so with the belief Eagen would not question his or Boshas actions. Eagen did not. But when President Judge James J. Walsh took over Orphans Court in 1994, Walsh began challenging their bills.

They submitted smaller bills to Walsh, but withdrew larger amounts of money from the estates.

Bosha, who is serving a 30-month federal sentence for bilking estates, has not yet been charged on the state level. He appeared once briefly before the county grand jury.