Dauphin County D.A. is no stranger to controversy

HARRISBURG - Edward M. Marsico Jr. was just days on the job as Dauphin County's top prosecutor in January 2000 when he was thrust into the statewide spotlight.

Tom Druce, a state representative from Bucks County, was implicated in the fatal hit-and-run of an indigent African American man on a Harrisburg street.

Harrisburg's African American community wanted the book thrown at Druce. His fellow Capitol Republicans thought he deserved a break. Voices on both sides were loud. In the end, Druce received a two- to four-year prison term in a case that many later described as a down-the-middle prosecution that kept clear of politics.

Now, as Marsico readies himself for reelection next month - his third uncontested race - the 43-year-old district attorney, a Republican, is again on the hot seat, facing questions about political objectivity.

Sources say attorneys for Louis DeNaples, the multimillionaire Scranton businessman who is poised to open a Poconos casino this month, have alleged in a secret filing with the state Supreme Court that Marsico, through a grand jury probe, is conducting a fishing expedition guided by politics.

The move could threaten the grand jury investigation into whether DeNaples misled state regulators when he denied having organized crime ties in order to win a gaming license.

Citing rules barring him from commenting on grand-jury proceedings, Marsico would not speak directly to the allegations in the DeNaples court filing. He did say, however, that "this office operates independent of political pressures."

"We are not out searching for more work. We have plenty of crime on the streets of this county to keep this office pretty busy," he added.

It is hardly unknown for a district attorney in a state capital to be involved in big, politically-charged investigations. The best example is Ronnie Earle, the district attorney for Travis County, Texas, which includes the capital of Austin. In 2005, charges he brought against House Majority Leader Tom DeLay for violating state campaign regulations helped bring about DeLay's resignation.

Marsico brought the grand-jury system to Dauphin County, making good on a 1999 campaign promise to use it for the first time here as a tool to tackle drug crimes and unsolved murders.

Many who know him well insist that Marsico, a University of Notre Dame graduate, does not mix politics with prosecution. He has a reputation, even among defense lawyers, as a smart litigator and a tough-yet-fair district attorney who puts victims above all else except justice itself.

"He is open-minded and will listen to reason, and will review evidence even if it doesn't conform to his case," said William C. Costopoulos, a longtime Harrisburg defense attorney who has tried cases against Marsico.

Costopoulos called Marsico a man of the utmost honor and credibility.

"Dauphin County is blessed to have him as their law enforcement chief," he said.

State Attorney General Tom Corbett, a fellow Republican, described Marsico as an "even-handed prosecutor."

"He follows the evidence where it takes him and he doesn't jump to conclusions without that evidence," Corbett said.

Marsico is not certain where his political future might lead. He has been approached to run for Congress. That job holds no appeal, said Marsico, who describes himself as a prosecutor, not a politician.

Still, for Marsico, a former page and intern in the state Senate with a model's good looks, politics is a part of his family.

His younger brother, A.J., is a Harrisburg lobbyist. His cousin Ron Marsico is a Republican state representative from the Harrisburg suburbs.

Marsico acknowledged that perhaps, five years from now, given the right circumstances, he might consider a stab at running for attorney general.

"It's something I would think about," he said.

Asked to describe his philosophy as a prosecutor, Marsico paused and groused a bit about only being able to personally try one case a year, given the time constraints of being district attorney.

"When I talk to juries, I call them the conscience of our community. They decide what conduct will be tolerated," said Marsico, a father of four sons, ages 5 to 12. "My job is not to ring up convictions. It's to achieve justice. Sometimes that means giving a kid a second chance. At the same time, I've done everything I can to lock up everybody that's a gun-toting criminal for as long as possible."