James Rusnock of Wyoming and attorney David Morgan of Dalton were asked and refused to submit to polygraph tests.

Lackawanna County District Attorney Michael Barrasse wanted the tests completed two weeks ago before summoning the men before the investigative panel.

Bosha, a former Scranton insurance underwriter, is in federal prison for his role in the estates scandal. He submitted to and passed two lie-detector tests about his claim that he five times gave Eagen money looted from estates of people incapable of caring for themselves.

He passed a test Barrasse arranged with a polygrapher for the state attorney generals office and another that a private polygrapher administered. Both found Bosha was telling the truth about the kickbacks and when he said he was not trying to frame Eagen.

Rusnock, who is a friend of Boshas, surfaced only days after it was reported that Bosha had taken the lie-detector tests. He claimed that Bosha, who pleaded guilty in federal court to looting estates, told him he made up the kickback story to obtain a light sentence.

Rusnocks attorney, Andrew Hailstone, said Rusnock refused to take the lie-detector test because he had a heart attack this year and underwent open-heart surgery in May.

Hailstone said lie-detector tests are not reliable and that his client was dragged into this because of a friends off-hand comment.

Morgan, who went to Eagen after Rusnock told about his conversation with Bosha, said he refused to take the test because he felt he was being challenged.

Why should I? the lawyer asked. I thought I was doing something appropriate.

Eagen, who has denied wrongdoing, is the subject of investigations by the county grand jury and the state Board of Judicial Review. The judge made Rusnocks and Morgans stories public.

Lie-detector tests are not permitted for use in court, but investigators frequently use them to test witnesses credibility.

Bosha took the tests shortly before U.S. District Judge Edwin Kosik sentenced him to 30 months in prison for looting estates. Eagen had named Bosha guardian of several estates he looted.

Bosha received the money he said he shared with Eagen from attorney Ronald Worobey, whom he appointed as his counsel.