DeNaples’ lawyers to appeal perjury process

HARRISBURG – Attorneys for Mount Airy Casino Resort owner Louis DeNaples have filed a second appeal with the state Supreme Court challenging the legality of the process that was used to charge him with perjury.

Kevin Feeley, spokesman for DeNaples, said the appeal renews the argument that Dauphin County District Attorney Edward Marsico overstepped his authority and the grand jury that issued the indictment was not properly empanelled.

DeNaples’ attorney, Richard Sprague, had previously made the same argument before the state Supreme Court. The court declined to hear the merits of the case, however, ruling in December that the appeal was premature because, at the time, no indictment had been issued, Feeley said. Now that the grand jury has acted, the court can hear the merits, he said.

DeNaples, 67, of Dunmore, was charged on Jan. 30 with four counts of perjury based on the recommendation of the grand jury. The panel found evidence that DeNaples had lied to state Gaming Control Board investigators regarding alleged ties to organized crime members.

Feeley said the appeal filed Monday is based on strong legal grounds. Issues that will be raised include allegations that the charges are politically motivated, he said. That allegation is supported by numerous leaks to the media that were made regarding the grand jury proceedings, which are supposed to be confidential. Those leaks were extremely prejudicial to DeNaples’ defense, he said.

“The dates and times of the grand jury were made known to reporters who could sit in the hall and watch witnesses be paraded back and forth. Stories appeared in newspapers referring to ‘sources close to the investigation.’ There’s only one place that could come from. It did not come from us,” he said.

Francis Chardo, first assistant district attorney for Dauphin County, flatly denied the allegation.

“There has not been a single thing reported in the media relating to what occurred before the grand jury except for the extent witnesses or one of their attorneys commented outside,” Chardo said. “The only thing that is secret is what occurs before the grand jury.”

Chardo said the media was aware of the date and time of the grand jury proceedings because his office posted the information on its Web site. That was done as a courtesy for jurors he said, and had never been an issue before.

“We’ve been doing this for five years and no one (from the media) ever showed up,” he said.

He said that information was taken down after it became apparent members of the media were staking out the grand jury room.

Feeley said DeNaples remains confident the charges will dismissed before the case ever gets to trial. His attorneys expect to file multiple court documents, beginning next week, which will challenge the legality of the case.

“Next week, you will begin to see phase one of our defense. There are going to be some very aggressive steps taken to make people understand this prosecution is outrageous and ultimately doomed to fail,” he said.

“We would not have brought the charges if we didn’t think they were appropriate and we are going to pursue them.”