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Special prosecutor likely for jury probe(Morning Call, The (Allentown, PA) (KRT) Via Acquire Media NewsEdge) May 14--A special prosecutor will probably be appointed to investigate alleged news leaks from the grand jury that charged Mount Airy Casino Resort owner Louis DeNaples with perjury. DeNaples attorney Richard Sprague asked for the probe, pointing to stories about his client by The Associated Press, The Morning Call and the Philadelphia Daily News that he said tainted the grand jury, which accused his client of lying to officials from the Pennsylvania Gaming Control Board. Fran Chardo, Dauphin County's chief deputy district attorney, agreed Monday to the special prosecutor request in a letter to Judge Todd A. Hoover, who has overseen the grand jury. "I believe that no member of law enforcement subject to the grand jury secrecy violated their oath," Chardo wrote. "However, to establish this definitively, I recommend that ... a special prosecutor be appointed." This month, the state Supreme Court refused to dismiss the charges against DeNaples and the Rev. Joseph F. Sica, a longtime friend, for allegedly lying under oath. But the high court ordered Hoover to hold a hearing to determine whether a special prosecutor is warranted on the leaks claim. By agreeing to the prosecutor, Chardo said he hoped to avoid a drawn-out hearing that would delay DeNaples' trial. "Since all parties now agree that a special prosecutor should be appointed, there is no need for a lengthy hearing," Chardo wrote the judge. Chardo suggested a shorter hearing -- only a few hours as opposed to the five days suggested by Sprague -- to determine whether any news accounts came from leaked information. Grand juries operate in private. In his petition for the special prosecutor, Sprague cited a "veritable flood of news reports" based on information from anonymous sources that reported "chapter and verse on the scope and content of the investigation. ..." "[The] entire investigation by the district attorney's office has been played out publicly, as the news media has been regularly briefed not only about the dates and times of the meetings of the grand jury, but the substance of the testimony as well ...," Sprague wrote. In response, Chardo has said the only media reports he saw on the contents of grand jury testimony were relayed by a witness or an attorney for a witness. DeNaples, 67, a wealthy Scranton area businessman, was awarded a license for a $415 million slot machine casino in Monroe County's Paradise Township in December 2006 while state police were investigating whether he lied about his ties to organized crime. In January, he was charged with four counts of perjury for allegedly lying about his relationships with four men, including two reputed mobsters. The charges resulted in a suspension of DeNaples' gaming license by the gaming board, which appointed former Shippensburg University President Anthony F. Ceddia to take charge of the casino until the criminal case is resolved. The perjury counts, all felonies, carry up to 37 years in prison and more than $1 million in fines. DeNaples' attorneys have said he is innocent. Chardo said once a special prosecutor is appointed, the district attorney's office and state police will cooperate fully by providing documents and sworn testimony. To see more of The Morning Call, or to subscribe to the newspaper, go to http://www.mcall.com. Copyright (c) 2008, The Morning Call, Allentown, Pa. Distributed by McClatchy-Tribune Information Services. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. |