Former Senate leader's lawyers say Turnpike corruption charges 'double jeopardy'
HARRISBURG — A federal prosecutor on Monday testified that he agreed to give case files on former Senate Minority Leader Robert Mellow to the Pennsylvania attorney general's office at a December 2012 meeting with a state prosecutor and state trooper.
Assistant U.S. Attorney Francis P. Sempa testified in Dauphin County Court in a pretrial hearing for Mellow, who is among state officials accused in an alleged “pay-to-play” scheme at the turnpike commission.
Mellow, sentenced to 16 months in federal prison for an unrelated conspiracy charge that involved using Senate staff for campaigns, is arguing through his lawyers, Daniel Brier and Sal Cognetti Jr. of Scranton, that the state charges filed in March 2013 violate his protections against “double jeopardy.”
His attorneys are seeking dismissal of the charges.
State prosecutors accused the Scranton Democrat of acts of corrupt organization, bribery, bid-rigging and ethics violations in connection with turnpike commission practices.
Mellow and five other former officials are set to go on trial in November.
When the federal and state prosecutors met in Harrisburg, “vindictiveness met opportunity,” Mellow's lawyers claim in a court filing.
Sempa's delivery of FBI and Internal Revenue Service files to Senior Deputy Attorney General Laurel Brandstetter is at the heart of Mellow's claim that federal authorities encouraged the state to file additional charges, violating his constitutional rights.
The state case does not involve the same conduct, Brandstetter argued in response. There's no evidence the federal charge addressed illegal activity involving the turnpike commission, she stated.
Sempa testified he did not encourage the filing of charges in state court.
Judge Richard Lewis, who took the arguments under advisement, said Mellow's lawyers have an uphill battle unless they can show the state and federal governments charged him with the same thing.
“It's not the same offense,” Brier said. “It's the same conduct.”
In addition to Mellow, those awaiting trial include former turnpike chairman Mitchell Rubin of Philadelphia and former agency CEO Joe Brimmeier of Ross. They maintain their innocence.
Brad Bumsted is Trib Total Media's state Capitol reporter. Reach him at 717-787-1405 or email@example.com.
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.
- Woman shot at Kennywood Park in ‘freak accident’
- McCutchen, Pirates hitters increasingly in crosshairs
- Pirates minor league report: Ramirez more mindful while at plate
- Police: Maine man shoots off firework from top of head, dies
- Starting 9: Pirates missing out on young bat
- Locke pitches 8 scoreless innings as Pirates edge Indians
- Allentown mayor says he’s cooperating with federal probe
- Pittsburgh’s tech startup activity rates last of 40 metro areas in report
- Biertempfel: Loss of All-Star paper ballots a blow to nostalgia
- Starkey: Bring back the Brawl!
- Court attire can have impact, public defenders say