Nov 28, 2014 2 min read

Former state Rep. Bill DeWeese, released from prison in March after serving 22 ½ months on corruption charges, is seeking a new trial.

DeWeese, 64, the former Pennsylvania House Democratic leader from Greene County, filed the appeal this week in Dauphin County Court, claiming 17 additional defense witnesses at his 2012 trial were not allowed to be presented.

This issue was the thrust of his appeal before the state Superior Court in May 2013, when DeWeese’s then-attorney William Costopoulos said Dauphin County Judge Todd Hoover allowed him to question just eight witnesses about a directive in which DeWeese cautioned caucus staff members to confine campaign activity to lunch hours, vacation days and other personal time.

But Hoover barred similar testimony from the 17 other witnesses on grounds it would be “cumulative,” though some of them were expected to contradict incriminating testimony by two former top DeWeese aides.

During that argument, Superior Court Judge Jack Panella suggested limiting the number of defense witnesses might prevent jurors from hearing the one witness whose testimony could change the verdict.

Panella said, “What right does the trial judge have to take over the trial tactics of the defense?”

Three months later, Superior Court denied the appeal and in November 2013, the state Supreme Court refused to review the Superior Court’s ruling.

In this latest round of legal filings, DeWeese also is contending Costopoulos didn’t effectively represent him against accusations he had his legislative staff do election campaigning on state-paid time.

DeWeese’s new legal team of Pietragallo, Gordon, Alfano, Bosick and Rasparti law firm of Philadelphia claim Costopolous should have ensured additional testimony was heard by jurors, and he did not legally preserve the issue so it could be considered in DeWeese’s first failed appeal to the Superior Court.

Hoover, who presided at DeWeese’s trial, will review the appeal petition and, if it is denied, DeWeese has the right to appeal to the state Superior Court.

DeWeese was found guilty on charges of theft, conspiracy and conflict of interest and was sentenced to 2 ½ to 5 years in prison.

The former state lawmaker from the 50th District represented Greene County for 35 years, serving much of his tenure in Democratic leadership, including a two-year stint at House speaker.