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Judge asked to rule if attorney general can try cases

HARRISBURG — A lawyer for two former legislative leaders awaiting trial on public corruption charges argued Friday the cases should be dismissed because of prosecutorial misconduct and that the Pennsylvania attorney general's office should be disqualified from handling them.

Dauphin County Judge Richard Lewis said after a three-hour courtroom proceeding he would rule on the motions within a few days. Josh Lock, who represents former state Reps. Steve Stetler and Brett Feese, filed the requests. Two of Feese's co-defendants joined in the motions.

Stetler and Feese were charged separately with using public resources to wage political campaigns and are among the 25 people arrested since Attorney General Tom Corbett's office began investigating the Legislature more than three years ago.

Lock elaborated on arguments he made in a pair of motions filed last month, accusing prosecutors of mistreating grand jury witnesses and alleging that Corbett, a Republican gubernatorial candidate, engaged in conduct similar to charges brought in the investigation.

"We'd like someone with a bit more judgment, discretion, equilibrium, in this case," Lock said. "If you're going to stand in judgment of others then you better remember Caesar's wife."

Chief Deputy Attorney General Christopher Carusone said the arguments were similar to those advanced with little success by defense lawyers in the recently concluded corruption trial of former House Democratic Whip Mike Veon and three ex-aides. He told Lewis it was "an effort to engage in political theater" and urged the judge to dismiss the motions.

Chief Deputy Attorney General Frank Fina accused the defense of "engaging in a near-Nixonian casting of aspersions" and described the arguments as nonsense.

"What's going on here is a simple act of accuse-the-accuser to try and get out of your own responsibility," Fina told reporters after the hearing.

Stetler, a Democrat, is a former state revenue secretary who lives in York. Feese worked as a top lawyer for the House Republicans after giving up his Williamsport-area seat.

A preliminary hearing for Feese and other defendants connected to the House Republican caucus is scheduled for Wednesday and expected to last several days. Legal proceedings against Stetler were put on hold while Lewis considers the defense motions.

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