Bonusgate defense attorneys may seek mistrial for Veon
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HARRISBURG -- Attorneys for former state Rep. Mike Veon said today they may ask a judge to declare a mistrial in the Bonusgate public corruption trial because of a key government witness's testimony.
They are alleging that either prosecutors withheld discovery evidence or their key witness Michael Manzo perjured himself.
Defense attorneys engaged in a contentious cross-examination of Mr. Manzo about his testimony that he and Mr. Veon conspired to award publicly funded bonuses to state workers as rewards for campaign work.
Attorneys met privately in the Judge Richard Lewis's chambers to discuss the issue. Judge Lewis then said he would allow Mr. Manzo to continue testifying but recessed the trial until 1:30 p.m. to allow the witness to review his grand jury testimony.
Prosecutors in a letter last month claimed that they had only recently learned about those discussions between Mr. Veon and Mr. Manzo, who had been a top aide. However, on the stand this morning, Mr. Manzo said he had told prosecutors about it much earlier.
After the jury left the courtroom, defense attorneys said if that's true, prosecutors had an ethical obligation to reveal the information long ago. If it's not true, prosecutors were abetting perjury when they allowed Mr. Manzo to testify at length about it, said Veon attorney Dan Raynak.
He said it's not credible that Mr. Manzo appeared before a grand jury four times and spoke privately with prosecutors four other times without mentioning discussions about a bonus scheme that's at the heart of the criminal case.
"What he's saying on the stand is not true. I know that to be a fact," Mr. Raynak said.
"The best scenario [prosecutors] can claim is that he's mistaken, that he doesn't recall," Mr. Raynak said.
Veon's co-counsel Joel Sansone said Judge Lewis should allow them to call prosecutors to the stand to testify about when they learned about the bonus discussions. Alternatively, the judge should declare a mistrial, Mr. Sansone said.
Prosecutor Patrick Blessington characterized defense attorneys' assertion as "courtroom theatrics."
He said Mr. Manzo didn't mention bonus discussions because he wasn't asked about them.
"Maybe he lied, maybe he made a mistake," Mr. Blessington said, waving his arms dramatically.
He said Mr. Manzo has been assisting in numerous investigations, including some that have not yet been made public.
"Maybe he met with so many investigators about so many distinct and separate investigations that he's confused," he said.
In an interview after the judge's ruling, prosecutor Marc Costanzo "It's not unusual for witness who had several conversations both formally and informally to be mistaken" about when he made certain statements. He called the defense contentions, "another effort to distract the jury from keeping their eye on the case."
On trial with Mr. Veon are former aides Brett Cott, Annamarie Perretta-Rosepink and Stephen Keefer.
More details in tomorrow's Pittsburgh Post-Gazette.
First Published February 4, 2010 11:48 am
