News

July 7, 2009

Eachus gets Bonusgate subpoena

Defense counsel calls on several dozen House members and staffers to testify at today’s hearing.

By Steve Mocarsky smocarsky@timesleader.com
Staff Writer
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State Rep. Todd Eachus was among several dozen House members and staffers subpoenaed by defense counsel to testify today at a pre-trial hearing in the Bonusgate case.

Eachus, who represents the nine Hazleton area municipalities of the 116th District and is the leader of the House Democratic Caucus, said the subpoenas are nothing more than “an aggressive defense tactic” by attorneys for former Beaver County state Rep. Mike Veon and other defendants in the case.

Attorneys for the HDC are seeking to quash the subpoenas.

Veon and 11 other defendants – including former Eachus staffer Rachel Manzo – were charged last year with using state funds for political campaigns. Veon was the second-highest-ranking House Democrat until he lost his re-election bid in 2006.

Eachus, who was elevated to his House leadership position in November 2007, has said he was unaware of the allegedly illegal activities of Manzo, Veon and the other defendants.

Eachus had hired Manzo as executive director of his Policy Committee in December 2006, after Eachus was elected to the Democratic House Leadership Team as the Policy Committee Chairman.

Veon and two of his former staffers – Brett W. Cott and Annamarie Perretta-Rosepink – are claiming that state Attorney General Tom Corbett, a Republican, engaged in selective prosecution, having charged only Democrats. The allegation is one of the issues to be addressed at today’s pre-trial hearing.

Kevin Harley, a spokesman for the attorney general, called the defendants’ claim “frivolous,” and said the defense has “not even remotely met the burden to prove the claim. It should be dismissed out of hand by the court.”

Harley said Corbett’s investigation involves all four caucuses – encompassing Democrats and Republicans in the state House and Senate, and Corbett “has publicly stated that more charges will be forthcoming.”

In a brief answering the defense’s selective prosecution claim, Corbett points out that Veon claims he is being prosecuted because he is a Democrat. “Inexplicably, in the same breath, he then complains that other Democrats have engaged in the same criminal conduct but have not been prosecuted. Which is it? The defendant’s claim should fail for its internal inconsistency alone,” the brief states.

Joel Sansone, a Pittsburgh attorney representing Veon, did not return a call seeking comment.

In a brief supporting the HDC’s motion to quash the subpoenas, HDC counsel noted that defense counsel served at least 45 legislative personnel with subpoenas, including 30 personnel from the HDC, late Thursday afternoon – “the eve of a holiday weekend and in the middle of a state budget impasse.”

HDC counsel called the serving of the subpoenas “stunt litigation to draw media attention to their case” and “nothing more than a blatant attempt to harass and draw attention to those Legislative personnel who may have testified before the grand jury and to create a ‘media circus’ at the Capitol and before this court while the Legislature is engaged in a protracted dispute over the state budget.”

The brief notes that subpoenas were served on some personnel who testified before a grand jury that led to charges against the defendants, and points out that witnesses cannot be compelled to involuntarily disclose the substance of their grand jury testimony.

HDC counsel also argued that all of the subpoenas should be quashed because they are seeking the disclosure of legislative information and internal controls “that are privileged and protected by the state and federal Speech or Debate Clauses.”

Eachus wanted to make it clear that the subpoenas were not served by the attorney general or any law enforcement agency, but by the defense. He said he and current HDC staff have “cooperated fully” with the attorney general’s investigation.

HDC spokesman Brett Marcy said Eachus was not among the legislators who testified before the grand jury, nor was he interviewed by any law enforcement officials regarding the Bonusgate case.

Marcy said he believes several House Republican representatives also were subpoenaed to testify at today’s hearing, and that Republican Caucus attorneys also are moving to have those subpoenas quashed.

Stephen Miskin, spokesman for the House Republicans, did not return a call seeking comment.

Steve Mocarsky, a Times leader staff writer, may be reached at 970-7311.

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