Scandal defense takes hit in ruling
HARRISBURG — Defendants in Pennsylvania's legislative corruption case were dealt a setback Wednesday when a judge halted efforts to call witnesses to bolster the claim that prosecutors targeted them because they are Democrats.
Dauphin County Judge Rich Lewis said the defendants who raised the argument "cannot point to any specific evidence that they were singled out for prosecution based on a constitutionally impermissible reason."
Twelve people connected with the House Democratic caucus were charged a year ago with theft, conflict of interest and conspiracy in what prosecutors said was the diversion of government personnel and resources for campaigns and other illegal purposes.
"The bald assertion of discriminatory intent is wholly insufficient to overcome the presumption of prosecutorial propriety where probable cause exists to believe violations of our criminal law have occurred," Lewis wrote in a five-page opinion.
Lewis wrote that all six of the defendants joined in all the motions, but Matt Gover, attorney for co-defendant Earl Mosley, said that was incorrect.
"We never joined in the selective prosecution argument," Gover said. "I never thought (it) was going anywhere."
Lewis denied requests to dismiss the case based on selective prosecution or prosecutorial misconduct and invalidated defense subpoenas seeking testimony from, among others, some senior and high-ranking legislators. He also declined to move the case out of Harrisburg and refused to order prosecutors to produce certain additional material.
Remaining defense motions that seek grand jury material are in the hands of the judge who supervised that secret panel, Lewis wrote.
Several defendants are cooperating with prosecutors, and, although prosecutors will not say how many have struck plea deals, six of the 12 did not file pretrial motions.
Dan Raynak, a lawyer for former state Rep. Mike Veon, D-Beaver, said Wednesday he might appeal Lewis' ruling before the case goes to trial in January.
