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February 28, 2008

DeNaples’ motion answered

Dauphin County official says move to dismiss perjury charges made too soon.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
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HARRISBURG – Dauphin County prosecutors said a court motion that seeks the dismissal of perjury charges against casino owner Louis DeNaples was filed prematurely.

In court documents filed Wednesday, First Assistant District Attorney Francis Chardo said the motion to dismiss should not have been filed yet because the Dunmore businessman has not had his preliminary hearing.

The purpose of a preliminary hearing is to determine whether prosecutors have presented sufficient evidence to move the case forward. If a judge rules there is insufficient evidence, the case would be dismissed, and the motion to dismiss would be moot.

DeNaples, owner of the Mount Airy Casino Resort near Mount Pocono, was charged in January with four counts of perjury for allegedly lying to state Gaming Control Board investigators about his relationship with two reputed organized crime members. The charge resulted from an investigation by a Dauphin County grand jury.

In the documents filed Wednesday, Chardo also questions the validity of challenges DeNaples’ attorney, Richard Sprague, filed to the presentment issued by the grand jury.

In order to prove perjury, prosecutors must show DeNaples knowingly lied. Sprague has argued there is insufficient evidence because testimony detailed in the presentment shows the questions posed to DeNaples were vaguely worded, meaning there is a possibility the question was misunderstood.

But Chardo argues the presentment itself has no legal significance because it does not constitute the charge against the defendant. The presentment is merely a document that recommends the district attorney file charges.

Chardo said the document at issue here is the criminal complaint that was filed. That document alleges the statements at issue were false and that DeNaples knew they were false.

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