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Judge reduces DeWeese’s restitution while he continues to try to overturn conviction

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Six years after he was convicted on corruption charges, former state representative Bill DeWeese is waging court battles on two fronts.

The Waynesburg resident and former speaker of the Pennsylvania House of Representatives, who served a prison sentence for what was known as the “Bonusgate” scandal, won resentencing in state court and is pursuing a federal case aimed at overturning his conviction.

In Dauphin County Court, DeWeese, 68, known far and wide for his $10 words and oratory, was successful in having his restitution reduced.

The Associated Press reported DeWeese learned Wednesday he will not have to pay approximately $110,000 in restitution for his conviction on using staff to campaign on state time.

Dauphin County Judge William Tully resentenced DeWeese after an appeals court threw out the repayment because the government can’t be a victim for restitution purposes. The attorney general’s office had asked the judge to re-impose the restitution.

The judge said DeWeese apparently forfeited his government pension, estimated to have been worth several million dollars, far more than the estimated cost of his crimes. The judge also said he would convert $25,000 in fines into a civil judgment.

DeWeese, a Democrat who represented Greene County and slivers of Washington and Fayette counties during his political career that began in 1976, served nearly two years in state prison after being convicted of conspiracy, conflict of interest and theft.

He rose during nearly three decades in the General Assembly to positions of considerable power, including Democratic floor leader and, for a short time, House speaker.

The “Bonusgate” scandal, as it became known, began with a news account of bonuses being quietly distributed among House Democratic staffers. Bonusgate and its House Republican counterpart, “Computergate,” based on the conversion of public computer contracts to gain an edge in campaigns, ensnared a couple dozen people, including several of the House’s most powerful leaders.

In Dauphin County Court, which encompasses the state capital, Harrisburg, DeWeese claimed his sentence was disproportionately harsh when compared with others in similar cases and asserted he was wrongly convicted.

“I still feel like I did nothing wrong,” said DeWeese, who now works as a labor lobbyist. “I still feel that I am innocent.”

Prosecutor Brian Zarallo of the attorney general’s office said DeWeese “boldly refuses to accept responsibility” and said the jury had no doubt about his guilt. He called DeWeese’s crimes “in essence a genuine assault on democracy.”

Tully said the trial judge’s sentence seemed appropriate, except for the financial penalties.

The judge urged DeWeese to “move on in life and don’t deprive yourself of your health going forward. Your debt to society has been paid.”

In a separate action in federal court in the Harrisburg area, DeWeese this week also took on state Attorney General Josh Shapiro, the state Board of Probation and Parole, and its chairman, Leo L. Dunn.

In a habeas corpus petition filed in federal court, DeWeese is seeking a new trial on grounds that he should have been able to present more witnesses to say he admonished workers not to campaign on government time. He argues that his lawyer, William Costopoulos, made a mistake that prevented him from pursuing that issue on appeal.

The mistake, the petition contends, dealt with 14 witnesses who testified at a post-trial hearing that they would have told DeWeese’s jury that he informed them they were not to work on his campaign during state time and that staffers assured DeWeese they took leave time to perform campaign work.

The witnesses were Michael J. Smith, Stan Brozik, William T. Aupperle, Earl Stewart, Sandra Osecky, James Rumble, Cheryl Terravecchia, John Lorence Jr., Matthew Miller Jr., Donald Chappel, William Groves, Shirl Barnhart, George Franks and Joseph Monovich.

In the post-conviction stage, state court found DeWeese suffered no prejudice from Costopoulos failing to present what is known as a specific offer of proof.

The evidence the witnesses would have presented “was also vital to (DeWeese’s) ability to impeach the Commonwealth’s three key witnesses,” Mike Manzo, who was DeWeese’s chief of staff from 2001 to 2007; Kevin Sidella, former legislative staffer; and Sharon Rodavich, former legislative aide.

DeWeese claims the state court ruling on this matter was unconstitutional and asks federal court to vacate his convictions.

Attorney Gaetan J. Alfano of Philadelphia is now representing DeWeese, who was released from prison March 30, 2014, and was placed on parole for three years. Superior Court vacated his sentence May 8 of last year.

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