Cordaro, Munchak seeking new trial
Claim jury improperly instructed
Attorneys for former Lackawanna County commissioners Robert Cordaro and A.J. Munchak on Wednesday asked a federal appellate court to grant them a new trial on some charges, arguing the judge who presided over their corruption trial gave improper instructions to the jury regarding the proof needed to convict them of bribery and extortion charges.
Mr. Cordaro's attorney, Peter Goldberger, also contends several counts against his client should be overturned because prosecutors were improperly permitted to question him about the credibility of witnesses against him.
The defense attorneys and Assistant U.S. Attorney Bruce Brandler squared off during a 30-minute hearing before a three-member panel of the Third Circuit Court of Appeals in Philadelphia. The panel will decide whether to overturn all or part of Mr. Cordaro's and Mr. Munchak's June 2011 convictions on charges they extorted money from businesses looking to win contracts from Lackawanna County.
Mr. Cordaro was sentenced to 11 years in prison, while Mr. Munchak was sentenced to seven years.
Mr. Munchak's attorney, Lisa Matthewson, argued Mr. Munchak's conviction on the bribery counts should be overturned because Senior U.S. District Judge A. Richard Caputo wrongly instructed jurors they could convict him for taking money, even if he never promised any favors in exchange for the funds.
In an argument joined by Mr. Cordaro's attorney, Ms. Matthewson maintains the law says the government had to show there was an implicit quid pro quo in place, but Judge Caputo did not specifically instruct the jury of that element, which could have confused them and led them to reach an incorrect verdict.
In response, Mr. Brandler said the government maintains the instructions, which dealt with a complex legal matter, were proper. Even if Judge Caputo made an error, it was so minimal that Mr. Cordaro's and Mr. Munchak's attorneys did not object to it at the time of trial.
Mr. Brandler noted appellate courts have held that a defendant must show a judge committed a "clear and obvious" error that impacted their rights in order to prevail. That's not present in this case, Mr. Brandler said.
"You would have to say to Judge Caputo, this was so clear and obvious you should have picked this up on your own despite not having any complaint from any of the parties," he told the panel.
Regarding Mr. Cordaro's cross examination, Mr. Goldberger argued prosecutors were wrongly permitted to question him about whether other witnesses had lied. Other appellate courts have ruled such questions are impermissible.
Mr. Brandler acknowledged the questions are generally not permitted, but he said the rule did not apply in Mr. Cordaro's case because his trial attorney, William Costopoulos, "opened the door" for the inquiries when he put Mr. Cordaro on the stand and asked him if he was "willing and prepared to answer any and all questions" the government had regarding any witnesses, documents and allegations against him.
Mr. Brandler said he suspects that was a trial strategy meant to show the jury Mr. Cordaro was open to any type question because he was innocent of the charges. That the strategy backfired should not now be an issue he can raise on appeal, Mr. Brandler said.
The Third Circuit panel, which consisted of Judges Dolores Sloviter, Julio Fuentes and Jane Roth, took the matter under advisement and will issue a ruling at a later date.
Contact the writer: tbesecker@ timesshamrock.com