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Judge clears most bonus documents for grand jury review
Wednesday, October 17, 2007

HARRISBURG -- Evidence seized in a raid of a House Democratic office can be considered by a grand jury deciding whether to file criminal charges over allegations the caucus illegally used taxpayer money to fund campaign work, a judge has ruled.

Judge Barry Feudale, who is supervising the grand jury, issued the order after privately examining the evidence in the boxes for 17 hours.

"The contents of the 20 boxes viewed were overwhelmingly and patently non-legislative in nature," Judge Feudale found. "A significant number of the documents reviewed clearly fell within the ambit of political as compared to legislative in nature."

The boxes contained documents mostly from the 1990s including Republican and Democratic candidates' statements of financial interest, confidential campaign plans and analyses of political attitudes prepared for the House Democratic Campaign Committee, according to the judge's order filed at the Dauphin County Courthouse. The boxes also included copies of press releases, records of candidates' divorces and criminal histories and descriptions of domestic abuse allegations involving at least one representative.

All but 20 files were deemed within the scope of the grand jury investigation. Those 20 contained memoranda on House of Representatives letterhead that discuss proposed legislation.

Robert Graci, attorney for the Democrats, had argued that the boxes contained privileged legislative information that should not be disclosed and that the execution of the search warrant violated the constitutional provision for separation of powers. The attorney general's office, which executed the warrant, is part of the executive branch, while the House is part of the legislative branch.

Judge Feudale rejected those arguments.

Mr. Graci could not immediately be reached for comment.

In requesting the search warrant, Attorney General Tom Corbett's office said the boxes may contain evidence of potential crimes including theft, misapplication of entrusted property of government or financial institutions, dealing in the proceeds of unlawful activities, obstructing administration of law and conspiracy.

All other documents in the case are under court seal.

The investigation was spurred by the revelation in news reports that the Democratic caucus secretly gave out $1.9 million in bonuses last year. Most of the larger amounts went to employees who had worked or contributed to campaigns.




More details in tomorrow's Pittsburgh Post-Gazette.

First published on October 17, 2007 at 2:16 pm
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