WILKES-BARRE - Attorneys for former state Sen. Raphael J. Musto filed notice Wednesday they will appeal a federal judge's ruling that Mr. Musto is healthy enough to stand trial on bribery and other charges.
The U.S. Third Circuit Court of Appeals will be asked to overturn an order from U.S. District Judge A. Richard Caputo denying a defense request for dismissal of charges or an indefinite trial postponement in Mr. Musto's case. The defense also filed a motion Wednesday asking Judge Caputo to retract an order setting jury selection and the beginning of the trial for Nov. 26.
The 83-year-old Pittston Twp. Democrat suffers from liver disease and other ailments that make it impossible for him to withstand the stress of a trial or help prepare his defense, according to his attorneys. Mr. Musto's attorneys argue Judge Caputo abused his discretion by not holding a hearing to resolve the differences between the reports of three medical experts.