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Tuesday, August 16, 2011

Cordaro: Claims Convicted By Lies of Gambling Addict

Cordaro seeking new trial
The former Lackawanna County commissioner was found guilty of corruption.
By Terrie Morgan-Besecker
Law & Order Reporter

SCRANTON – Former Lackawanna County Commissioner Robert Cordaro is seeking a new trial, arguing the government withheld information about a prosecution key witness that would have been helpful to Cordaro’s case.

Attorneys for Cordaro also argue U.S. District Judge A. Richard Caputo wrongly precluded the defense from presenting evidence that would have challenged the credibility of that witness.

Cordaro was convicted in June of 18 counts, including bribery, extorting and money laundering for demanding money from several contractors who did business with the county. His co-defendant, former Commissioner A.J. Munchak, was convicted of seven counts.

In a post-trial motion filed Friday, Cordaro’s attorneys, William Costopoulos and Allen Johnson, argue the verdict should be overturned because the government knew or should have known that a key witness, Al Hughes, had lied on the stand when he said he stopped gambling in 2004.

Hughes had testified he was the go-between who delivered thousands of dollars of the extorted money to Cordaro. Cordaro denied taking any bribes from Hughes, whom he said was a compulsive gambler. If Hughes did take any money, he used it to feed his addiction, Cordaro claimed.

In its motion, the defense alleges prosecutors failed to disclose all financial information regarding Hughes, including the existence of casino markers – lines of credit casinos extend to gamblers – that were issued to him. That information would have shown Hughes continued to gamble after he said he quit.

“This was important impeachment material and critical to Mr. Cordaro’s defense that Hughes was a liar and had squandered the tens of thousands of dollars he claimed to have given him on his gambling addiction instead,” the attorneys wrote.

The defense also argues Caputo erred in forbidding the defense to present witnesses who would have testified about two $10,000 bets Hughes made with Cordaro – one regarding the outcome of a college football game, the other regarding whether the county would succeed in selling the Montage Mountain ski resort.

That evidence was key to Cordaro’s defense because it explained some of the checks Hughes had written to Cordaro. It also offered further impeachment of Hughes’ credibility.

The defense also raised several other issues, including Caputo’s refusal to allow Cordaro to call other vendors who did business with the county who would testify they were never extorted.

Federal prosecutors will have an opportunity to reply to the motion. Caputo will issue a ruling at a later date.

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