MILFORD -- 24 hours after having no comment following a conference with a judge in Pike County, prosecutors from Pike and Lackawanna Counties are now setting the record straight.
Both prosecutors changed their tunes Wednesday and spoke with Newswatch 16 about the new twist in the death penalty case in Pike County against alleged cop killer Eric Frein.
Lackawanna County's district attorney says he never wanted to keep any potential evidence from Frein's defense attorneys, while the district attorney from Pike County says an email to the judge from his Lackawanna County counterpart indicates otherwise.
"For him to say I'm trying to hide something is absolutely ridiculous," Lackawanna County District Attorney Andy Jarbola said.
Jarbola is referring to Pike County District Attorney Ray Tonkin. Tonkin is prosecuting the case against Eric Frein. Tonkin filed a 19-page motion in court, accusing Jarbola of interfering in the release of potential evidence to Frein's defense attorneys in a process called discovery.
"My motion has brought openness and transparency to this matter," said Tonkin.
All this revolves around an internal affairs investigation report by Pennsylvania State Police into one of their own. According to Tonkin, the report includes information about a potential witness in the high profile case. It was uncovered last year when troopers were trying to solve the deadly ambush at the Blooming Grove barracks.
Both district attorneys learned of the investigation back in April that spans both counties and could result in criminal charges against a trooper or troopers.
"This material we all agreed was discoverable. Since that time Mr. Tonkin has not answered emails, text messages, phone calls," said Jarbola.
Jarbola said he sent an email to Pike County Judge Greg Chelak looking for guidance in hopes of preventing the internal affairs report from going public and jeopardizing the investigation. Based on that, Tonkin says Jarbola didn't want Frein's attorneys to see the report.
"Mr. Jarbola's actions certainly do not match up with his statement. He emailed a motion to the court in an unorthodox manner without notice to counsel for Eric Frein," Tonkin said.
Frein's attorney, Michael Weinstein, says he should already have the report, but still does not. Tonkin claims it's required to be turned over or a conviction could be overturned on appeal.
"It should have been turned over before now. I certainly would have done that," said Jarbola.
"I'm confident the matter will proceed within the rules of criminal procedure and no more interference from District Attorney Jarbola," said Tonkin.
A Pike County judge still has yet to rule on the motion by Jarbola to seal the internal affairs report from the public that, according to court papers, Jarbola says could look bad for state police.
Tonkin won't say why he hasn't turned the report over to the defense yet, other than to say the investigation is not complete.
