Ex-Pa. lawmaker loses bid to stay out of facility


January 30, 2014 at 8:33a.m.

Ex-Pa. lawmaker loses bid to stay out of facility

SCRANTON, Pa. (AP) — A federal judge has rejected a last-ditch plea aimed at keeping a former northeastern Pennsylvania lawmaker found mentally incompetent for trial out of a federal medical facility.

Attorneys for retired state Sen. Raphael Musto filed a 52-page brief Wednesday arguing that the order “effectively incarcerates Musto for up to four months.”

The 84-year-old former lawmaker is scheduled to report Monday to the Federal Medical Center at Butner in Granville County, N.C.

U.S. District Judge A. Richard Caputo said placement in a federal medical prison was mandatory after a finding of mental incompetence.

Prosecutors say Musto accepted cash and other perks in exchange for his help obtaining taxpayer money for development projects, and took additional cash as a reward for helping a municipality get state loans. He has pleaded not guilty.