Motion deals with Musto's health
The defense and prosecution in the Raphael J. Musto bribery case filed dueling arguments with the U.S. Third Circuit Court of Appeals last week on the issue of whether the court should hear a pretrial appeal centering on the former state senator's health.
Attorneys for the 83-year-old Pittston Twp. Democrat maintain that liver disease and other ailments render him unable to help prepare his defense and would make a trial life-threatening. They sought dismissal of the charges or an indefinite trial delay.
Senior U.S. District Judge A. Richard Caputo, who would preside over the trial, rejected those arguments last month after granting numerous health-related delays, but allowed Mr. Musto's attorney to appeal to a higher court.