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Judge denies defense of selective prosecution in Bonusgate
Wednesday, July 22, 2009

HARRISBURG -- A judge this morning dealt a blow to defendants in the government corruption case that has become known as Bonusgate.

Dauphin County Common Pleas Judge Richard A. Lewis rejected claims of selective prosecution that were the at the heart of the defense for former Democratic House employees and lawmakers accused of using taxpayer resources to run political campaigns.


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Judge Lewis said the defendants failed to meet legal benchmarks. They had argued that Republican Attorney General Tom Corbett singled out Democrats because prosecuting them would help him advance a political quest to become governor.

Judge Lewis said the defendants are being prosecuted based on the work of two statewide investigating grand juries who issued excruciatingly detailed reports to substantiate the charges. Second, he said the claim of selective prosecution is meant to protect people from charges levied based on race, religion or other constitutionally protected class.

Political affiliation is not a protected class, he said.

The ruling prevents the defense from calling 46 witnesses -- including more than a dozen Republican and Democratic lawmakers -- they subpoenaed to testify in a pre-trial hearing to prove selective prosecution.

In his order this morning, Judge Lewis also dismissed a claim of prosecutorial misconduct and denied motions to suppress evidence and change venue for the trial.

He did not rule on a discovery motion for witness statements and a motion for early release of grand jury testimony, saying those fall under the jurisdiction of another judge, Barry Feudale, who is supervising the grand jury.

Half of the 12 defendants in the Bonusgate case filed the motions: former state Reps. Mike Veon and Sean Ramaley and former Democratic aides Stephen Keefer, Earl Mosley, Brett Cott and Annamarie Perretta-Rosepink.

Mr. Ramaley's trial is scheduled for September.

The others will be tried together in a trial slated for January.

Tracie Mauriello can be reached at tmauriello@post-gazette.com or 717-787-2141.
First published on July 22, 2009 at 11:54 am