Musto count dropped
A federal judge dismissed one of eight counts facing former state Sen. Raphael J. Musto on Wednesday, ruling the statute of limitations had expired before the charge was filed.
The 83-year-old Pittston Twp. Democrat still faces two counts of fraud, three counts of bribery and two counts of making false statements to investigators. Two grand jury indictments allege he received $40,000 in cash and free construction services for supporting state funding for four projects.
Mr. Musto's trial has been repeatedly delayed over the past two years because of health concerns. His attorneys maintain that liver disease and other health issues render him unable to survive the stress of a trial or help prepare his defense.
In October, U.S. District Judge A. Richard Caputo rejected a defense motion to indefinitely postpone the trial, but agreed to put the proceedings on hold to allow the defense to appeal his ruling to the U.S. Third Circuit Court of Appeals.
Mr. Musto was originally indicted on six counts in November 2010. A second indictment in October added two bribery counts, including the one dismissed Wednesday. The dismissed count stemmed from a $1,000 payment Mr. Musto allegedly received in 2006 from an unnamed individual in return for his support of a multimillion-dollar loan to a Luzerne County municipality.
In an order issued Wednesday, Judge Caputo agreed with the defense that the indictment came after the five-year statute of limitations had expired on the bribery count.
Judge Caputo denied defense motions seeking to dismiss the other bribery counts, which argued that federal bribery laws do not apply to members of the state Senate.
Mr. Musto has been free on his own recognizance since his first indictment, which came shortly before his previously announced retirement from the Senate.
Contact the writer: djanoski@citizensvoice.com