By MATT HUGHES
For Go Lackawanna
SCRANTON – Federal prosecutors on Wednesday filed court documents opposing disgraced Lackawanna County Commissioner A.J. Munchak’s request for a new trial overturning his conviction on bribery, extortion and other corruption charges. Munchak on July 5 requested a new trial or for U.S. District Court Judge A. Richard Caputo to not enter the decision against him, effectively acquitting him, because he was found guilty of both extortion and bribery for accepting the same kickback payments. His attorney, Christopher T. Powell Jr., contends that a person cannot commit bribery and extortion in the same instance unless the person took a bribe then asked for more, and that those charges should have been ruled inconsistent by Caputo. The charges concern payments made by Don Kalina of Highland Associates in May, July and November of 2005, according to court documents. U.S. Attorneys argue in their brief in opposition to Munchak’s motion that bribery and extortion charges may be mutually exclusive in cases where the extortion involved threats or violence, but that Munchak was not charged with making such threats, using violence or otherwise using fear to extort kickbacks. Rather, he used his political power to commit extortion under color of right, and that form of extortion is not mutually exclusive with bribery, prosecutors said. They also argued that inconsistency in a jury verdict is not grounds to set the verdict aside. Munchak was found guilty on June 21 of conspiracy to commit theft of bribery concerning programs receiving federal funds, bribery concerning programs receiving federal funds, conspiracy to commit extortion under color of right, extortion under color of right and tax offenses. He resigned his post as Republican minority commissioner the next day. His co-defendant, former commissioner Robert Cordaro, was found guilty of bribery concerning programs receiving federal funds, extortion under color of official right, money laundering, racketeering, tax evasion and other charges. Caputo will issue a ruling on Munchak’s motion for a new trial at a later date. Munchak’s sentencing is scheduled for Sept. 28. He faces up to 93 years in prison and more than $2 million in fines.