HARRISBURG -- A judge yesterday delivered 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 at the heart of the defense for former Democratic House employees and lawmakers accused of using taxpayer resources to run political campaigns.
Six defendants, including former state Rep. Michael Veon of Beaver Falls were seeking to have their cases dismissed by claiming that Attorney General Tom Corbett, a Republican, singled them out to advance his political quest to become governor, but Judge Lewis said they failed to meet legal benchmarks.
Judge Lewis 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.
Secondly, he said, prosecutors based charges on the work of two statewide investigating grand juries who issued excruciatingly detailed reports to substantiate the charges.
"We're pleased with the court's decision. It was the right decision based on the evidence," said Kevin Harley, spokesman for the attorney general's office, which is prosecuting the case. "The defense didn't meet the standard set forth in the law."
Defense attorney Joel Sansone, who represents Mr. Veon, said he "disagrees wholeheartedly" and is considering an appeal to the state Superior Court.
"From the beginning Mike Veon has engaged in a search for truth in order to prove that the charges brought against him are politically motivated," Mr. Sansone said yesterday. "Mr. Veon and I have fought to bring the truth to light and we will continue to do so. ... The truth is that this is a political prosecution brought about by a man who wants to be governor."
Mr. Harley said politics played no role in prosecutorial decisions.
Mr. Corbett has said that prosecutors are continuing to investigate both Republicans and Democrats and that more arrests are likely. The case has been under investigation for two years.
So far, 12 people have been arrested -- all of them affiliated with the House Democratic caucus -- on charges of theft, corruption and conflict of interest.
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.
Judge Lewis also denied motions to suppress evidence and for a change of venue for the trial.
Mr. Sansone said that ruling is troublesome given that they proved prosecutors blacked out exculpatory evidence from investigatory reports entered into evidence.
"They just redacted statement after statement that proved that members of the Democratic caucus and their agents destroyed clearly relevant exculpatory evidence [including by drilling holes in computer equipment] and we don't even get a nod on that" from the judge, Mr. Sansone said. "The fact that [prosecutors] just redacted that information and didn't tell anybody is massive misconduct."
Half of the 12 defendants in the Bonusgate case filed the motions: Mr. Veon, former state Rep. Sean Ramaley of Economy and former Democratic aides Stephen Keefer, Earl Mosley, Brett Cott and Annamarie Perretta-Rosepink.
Mr. Ramaley's trial is scheduled for September.
At least three defendants are cooperating with prosecutors and expected to enter plea agreements. The others are to be tried together in a trial slated for January.
