Friday, July 29, 2011

HIDING THE EVIDENCE


“I do not think it’s an accident those notes were destroyed,” Fetterhoff said. (Patriot News, 7/27/11)

Neither do we, Bill. Neither do we.

Courts have consistently and unequivocally ruled that defendants are entitled to notes from interviews, or proffer statements, conducted during a criminal investigation.

In fact, such a ruling was part of the criminal trial of former House Democratic Whip Mike Veon.

Judge Richard Lewis, who just today rejected a motion to dismiss the charges against former Rep. John Perzel and seven staffers, did not make that ruling in the Veon case. He deferred that decision to Judge Barry Fuedale, who supervised the grand jury that indicted Veon.

Fuedale ordered prosecutors to turn over proffer notes to Veon's lawyers. The very same prosecutors who then destroyed notes from 94 interviews in the Perzel case.

Prosecutors apparently are now lying that the notes were turned over to Veon "by mistake." It was no mistake; they were ordered to turn them over.

There is, quite simply, no way that prosecutors didn't know that the defendants were entitled to those notes. And they destroyed them anyway. In the immortal words of Vice President Joe Biden, this is a big f-ing deal.

It will be years before an appeals court has an opportunity to review Lewis' decision, given that the Perzel trial is expected to take at least six months and it's unlikely it even will begin until 2012. Governor Tom Corbett, who as Attorney General supervised the investigation and cruised into office on the publicity, will be safely past his reelection campaign by then.

And while we agree with Fetterhoff that the notes were deliberately destroyed, we don't think it's because they exonerate the defendants. But rather, because they might reveal the embarrassingly selective nature of the prosecutors' investigation - just as the evidence turned over to the Veon defense revealed.

Is there any doubt that prosecutors would have destroyed, had they known the embarrassment it would cause, the "U R welcome" email written by then-House Democratic Leader Bill DeWeese, never indicted in connection with bonuses for campaigning, in response to a staffer thanking him for the "bonus for campaigning?"

Or the emails showing that DeWeese and his top aides, who were not indicted for working on campaign issues with a state-paid contractor, in fact worked on campaign issues with a state-paid contractor?

Or that he based state hiring decisions on campaign work?

Or evidence that the unindicted then-Campaign Committee Chair Rep. Todd Eachus directed staff to produce political research and perform political work, acquiesced to paying bonuses for campaign work, and coordinated "official" appearances by Cabinet secretaries in the districts of vulnerable incumbents?

Or documents and emails showing that unindicted Rep. Keith McCall, later Speaker of the House, used state staff and resources for campaign work?

Is there any doubt that, if they had it to do over again, prosecutors would have destroyed, rather than highlighted in black(!) documents that showed how DeWeese staffers, never indicted on charges of destroying evidence, scrambled to destroy evidence in 2007?

And how much did prosecutors wish they had destroyed the evidence that showed the very man who decided for them what evidence would be used to prosecute the original 12 "Bonusgate" defendants is, essentially, a megalomaniacal nutjob?

It's dangerous to let defendants have access to too much evidence. Better to get rid of it.

10 comments:

Anonymous said...

Great article and presentation of the facts. I agree there needs to be an investigation into Corbett’s clearly selective prosecution. Deweezie’s “UR welcome” email is a softball waiting to be hit out of the park. And way too many unindicted republican-flavored Harrisburg-based terrorists/traitors pretending to run our Gutterment – or running free. Seems to me that the PA assembly and recent retirees would be easy pickin’s for some young, go-getter federal prosecutor. Who’s ready to step up and start taking our unindicted Harrisburg crooks down?

Anonymous said...

This whole Bonusgate thing has been a politically tainted mess.

Based on how rampant politics and campaigning was on the hill, why in the hell would a staffer like Brett Cott be in jail.

They jail Democratic staffers and let secretaries handle phone calls when complaints come in about Republicans (eg Orie). The whole thing stinks!

I wonder if anyone ever passed around any fundraiser tickets at Lewis' office during his DA days?

Anonymous said...

Republicans investigate Democrats to become elected, Democrats sit back and take it!

fatb00boy said...

If there are any politicians out there who believe they have friends in Harrisburg perhaps they didn't notice Mike Veon's "friends" slithering away on their bellies before,during and after his trial.It's unbelievable to me that one corrupt AG can strike that kind of fear in so many.Those of you that displayed the kind of cowardice many of us witnessed should not be able to look your Grandchildren in the eye.

Anonymous said...

fatb00boy -

It's obvious that Payjacker Veon's outrageous and offensive conduct wouldn't keep or attract many friends. To have more "friends" Payjacker Veon should be joined in jail by many more republican (and democrat)legislators, past and present.

Clearly Corbett wasn't even-handed or thorough, but that doesn't begin to excuse Payjacker Veon. It just means there's more work to be done. History shows us can't expect much real "work" from the two-party system, just shameful, transparent, self-serving shenanigans. Corbett and Veon both serve as examples of the worst politically-driven conduct.

Anonymous said...

Is a prosecutor truly a minister of justice and not simply an advocate?

The time has come for professionalism and training standards to be examined with an eye to prosecutor’s role in instances of wrongful prosecution/incarceration.

Prosecutorial misconduct at the federal and state levels needs to be investigated and reformed by the Supreme Court.

Intentional prosecutorial misconduct for political advancement needs reviewed anew for additional light shed on future prosecutorial discretion/indiscretion.

Anonymous said...

fatb00boy said... If there are any politicians out there who believe they have friends in Harrisburg perhaps they didn't notice Mike Veon's "friends" slithering away on their bellies before,during and after his trial.It's unbelievable to me that one corrupt AG can strike that kind of fear in so many.Those of you that displayed the kind of cowardice many of us witnessed should not be able to look your Grandchildren in the eye.

Talk about slitghering away....
A teary-eyed Mrs. Manzo, who last year pleaded guilty to one misdemeanor count of theft, said, "I very much regret my involvement and apologize," Mrs. Manzo, 30, told Dauphin County Common Pleas Judge Richard Lewis.

In addition to her fine and 18 months of probation, the Cumberland County resident will pay $5,000 in restitution for the illegal bonuses that she received.

The case against her and 11 others centered around a scheme to distribute more than $1.8 million in tax dollars to House Democratic staffers as rewards for campaign work.

Frank Fina, a prosecutor with the state Attorney General's Office, said Mrs. Manzo participated in that scheme.

But he added that since being charged, she has cooperated with investigators, providing valuable information on prior and pending cases.

She initially was charged with 12 counts, including several felonies, but those offenses were later reduced, as she was represented by William Ward, current Cheif of Staff for Governor Corbett whose office agreed to her plead agreement when Corbett was the Attorney General.

One Bonusgate defendant -- Ms. Manzo's husband, Mike, -- has yet to be sentenced.

Anonymous said...

Anonymous said...
Is a prosecutor truly a minister of justice and not simply an advocate?

The time has come for professionalism and training standards to be examined with an eye to prosecutor’s role in instances of wrongful prosecution/incarceration. Intentional prosecutorial misconduct for political advancement needs reviewed anew for additional light shed on future prosecutorial discretion/indiscretion. August 9, 2011 9:22 PM

Some think there are only two kinds of people. One that attacks society and the other that guard society.

If the soul is left in darkness, sins will be committed. The guilty one is not he who commits the sin, but the one who causes the darkness.

Anonymous said...

Hiding the Evidence – how about the hypocritical republicans hiding behind political rhetoric?

In a recent article, Representative Metcalf (R-Butler) indicated that he was supporting the 401K type retirement plan for State Elected Officials and Employees, but he failed to reveal that he is currently participating in the extremely expensive “DEFINED Benefit” retirement that he is so critical of. As an elected official, Metcalf has always had the option to “opt out” of the defined benefit retirement plan but voluntarily chooses to be a pig and feed at the trough together with Majority Leader Turzai (R-Allegheny), Policy Chairman Reed (R-Indiana) and Speaker Sam Smith (R-Clarion) and I’ll bet my last unemployed dollar that the so called conservative republican representatives Mike Reese and Eli Evankovich (both R-Westmoreland County) are voluntarily participating in the Expensive Defined Benefit Retirement Plan too even though they so loving criticize it. I’m sure that all of these elected officials are enjoying the cadillac health insurance plan too while many Pennsylvanians are uninsured and the adult basic insurance plan went without funding this year.

What are the true priorities of this Republican controlled administration – the Republicans have control of the state senate, state house and the governor but have done nothing to help the taxpayers of PA. But you can be sure that they have helped their money grabbing friends in business so long as they get their political contributions.

And Republican Sam Smith’s plan to reduce the size of the legislative has been conveniently introduced by him in his final years of service after he has enjoyed the excessive benefits of his legacy of following his father in the legislature – what’s his projected six figure pension going to be when he retires?

Anonymous said...

Any one wants to buy an Attorney General the price is a tad over $10,000 as Kelly gave to Corbett's Campaign.

The 10 grand got the nomination, the promise not to investigate the senate got the appointment approval.