Judge hears argument on Central City priest's request for new trial

By Judy D.j. Ellich
Daily American
February 2, 2016

http://www.dailyamerican.com/judge-hears-argument-on-central-city-priest-s-request-for/article_0d62bee0-c9e5-11e5-937f-9f4ce60f6e8f.html

JOHNSTOWN — The prosecution hid evidence favorable to the defense during the trial of the Rev. Joseph D. Maurizio Jr. in September, defense attorney Steven P. Passarello argued before U.S. District Judge Kim R. Gibson Tuesday.

The defense claims that the U.S. District Attorney's Office suppressed evidence that a key witness told prosecutors a different version of his story in a statement after his testimony that Maurizio abused him. The prosecution violated a 1963 U.S. Supreme Court landmark case, Brady v. Maryland, the defense said. The high court's decision requires prosecutors to turn over any evidence to the defense that could be used by a defendant to support his innocence or to cast doubt on his guilt. The defense wants a new trial.

The judge said he would not make his decision from the bench, but would review the arguments and then decide soon on whether the Central City priest will get a new trial.

"It is very clear it (a statement to the prosecution by one of its key witnesses that contradicts his testimony) is favorable to the defense," Gibson said.

The judge said, however, that whether that information is "material" is a different issue and one that will turn his decision on whether Maurizio should have a new trial.