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  Court Orders Judge to Examine Denaples Investigation

By Mario F. Cattabiani
Philadelphia Inquirer
May 5, 2008

http://www.philly.com/philly/news/20080505_Court_orders_judge_to_examine_DeNaples_investigation.html

HARRISBURG - A Dauphin County judge has been ordered to determine if grand jury secrecy rules were violated in the investigation of a casino owner and a Catholic priest.

The state Supreme Court last week instructed Judge Todd A. Hoover, who supervised the grand jury investigating Mount Airy Casino Resort owner Louis DeNaples, to conduct an immediate hearing on the alleged leaks and to conclude within 90 days whether a special prosecutor should be appointed.

Dauphin County prosecutors, acting on recommendations from the grand jury, charged DeNaples in late January with four counts of perjury, saying he lied to gambling regulators about his personal and business relationships with organized crime figures and people linked to the Philadelphia City Hall corruption investigation.

Prosecutors also charged the Rev. Joseph Sica, a DeNaples confidant, with one perjury count, saying he lied to the grand jury about his ties to the late Russell Bufalino, who was the head of a Northeastern Pennsylvania crime family. No trial dates have been set.

Grand juries are supposed to operate in secret, and officers of the court, from stenographers to deputies, from prosecutors to police, are restricted from discussing what happens behind closed doors.

Witnesses called before the grand jury and their attorneys are not barred from discussing their testimony.

Attorneys for DeNaples and Sica allege that secrecy rules were violated, and as proof offer scores of newspaper stories about the cases. The articles cite unnamed sources who spoke about grand jury matters on condition of anonymity.

"We are very encouraged that the court wants to get to the bottom of this," said Kevin Feeley, a spokesman for DeNaples. "The leaks coming out of the grand jury were outrageous and very harmful to Mr. DeNaples."

Fran Chardo, Dauphin County first deputy district attorney who oversaw the grand jury, denied that any leaks occurred. "I have seen no evidence suggesting that anyone violated grand jury secrecy," he said.

If someone did violate the rules, that person should be prosecuted, but that should not alter the findings of the grand jury report, Chardo said.

The court rejected moves by DeNaples and Sica to throw out the perjury counts against them.

Contact staff writer Mario F. Cattabiani at 717-787-5990 or mcattabiani@phillynews.com.

 
 

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