A federal judge has denied former state Sen. Raphael J. Musto's bid to further delay his trial on health grounds, ordering jury selection to begin Nov. 26.

In an order signed Wednesday, U.S. District Judge A. Richard Caputo rejected defense arguments that the 83-year-old Pittston Township Democrat is unable to withstand the stress of a trial due to non-alcohol-related liver cirrhosis and other ailments. The defense sought dismissal of the charges or an indefinite postponement of the trial.

Caputo had previously granted six trial delays due to Musto's health problems.

Musto is accused of accepting $35,000 in free building renovations and $5,000 in cash from three individuals in return for his support of state funding for three projects.

A medical expert hired by his defense team argued that the stress of the trial could kill Musto, a conclusion rejected by a court-appointed doctor. A medical expert retained by the prosecution concluded that Musto's liver condition would not render him unable to withstand a trial, but found that Musto had cognitive and fatigue issues that would make it impossible to help prepare his defense.

In a memo issued Wednesday, Caputo wrote that "measures are available to minimize the risks to Defendant's health in subjecting him to a trial, such as the presence of a nurse or other medical professional in or near the courtroom, appropriate rest breaks, etc… Although Defendant's physical condition is unlikely to improve, the fact that his liver disease appears to be stabilizing in light of the permanent character of his physical problems weighs against postponing his trial.

"Finally, the magnitude and seriousness of the case weighs against delay."

Musto's attorney, John Riley did not return phone messages seeking comment.

Musto, who was originally indicted in November 2010 shortly before his previously announced retirement from the Senate, faces eight counts of fraud, bribery and lying to federal agents. Each of the most serious charges against Musto carries a maximum sentence of 20 years in prison.

djanoski@citizensvoice.com, 570-301-2178