TOWANDA - Attorneys on both sides argued Friday over whether a Waverly man accused of killing his cousin and her husband should have his visiting rights restricted while he remains incarcerated at the Bradford County jail.
John DeSisti, 74, of Waverly, has been accused by the Pennsylvania Attorney General's office of making threats against some members of the prosecution.
DeSisti is facing two murder counts in connection with the death of attorney David Keeffe and his wife Carol Keeffe. DeSisti is accused of having entered the Keeffe's home in November 2006 and killing both with a shotgun. The case was eventually presented to a grand jury in 2010, which recommended in September that enough evidence had been obtained to warrant DeSisti being charged with murder. Due to the way the Keeffe's were killed, the attorney general's office, which is prosecuting the case, has indicated it will seek the death penalty if DeSisti is convicted of first-degree murder.
The attorney general's office recently filed a petition in Bradford County, seeking to limit DeSisti's contact with his lawyer as well as other members of his legal team. According to papers filed at the Bradford County courthouse, John DeSisti, in recorded conversations with his wife Nancy DeSisti, indicated that he wanted two people's throats cut. In an earlier conversation recorded at the jail, John DeSisti instructed his wife to remember the name of state police Trooper Jeffrey Sredenschek. These and other conversations recorded at the jail between John and Nancy DeSisti, which are being presented to another grand jury in a separate investigation, are what caused the attorney general's office to file its petition, in the hopes of restricting John DeSisti's contact outside the jail to his attorneys.
In making his arguments before Bradford County Judge Maureen Bierne on Friday, prosecutor John Flannery, of the Pennsylvania Attorney General's office, insisted that the numerous conversations recorded at the jail revealed that threats were made against members of the prosecution team. He pointed out that such actions are "unforgiveable, illegal and unconscionable."
John DeSisti attempting to hatch plots against the prosecution "should not go unpunished," Flannery argued. He also pointed out that the judge has the authority to set bail conditions in the case, and one of the conditions can be to restrict DeSisti's contact outside the jail, given what was revealed by the conversations between John DeSisti and Nancy DeSisti.
"What are we supposed to do judge? Just ignore it? Just look away?" Flannery asked during the hearing.
Attorney Arthur Donato Jr., of Media, Pa., who is John DeSisti's attorney in the case, argued that the prosecution had picked out about 15 conversations of the "dozens and dozens and dozens" of comments recorded at the Bradford County jail. Donato contended that there was no direct reference to specifically anyone when John DeSisti made his comments concerning wanting people's throats cut. He also said that the prosecution's contentions that the recordings revealed threats against prosecution members is "faulty." He said the judge could instruct John DeSisti that no further conversations of that nature occur between him and his family members at the jail, with the threat of contempt of court being filed if the order not be obeyed. But, Donato said, the solution suggested by the attorney general's office in this situation is "too radical," and that John DeSisti being denied access to his family members would amount to "persecution."
After hearing the arguments, Judge Bierne informed the attorneys she would give the matter further examination, and rule on the petition later.
C.J. Marshall can be reached at (570) 265-1630; e-mail: cjmarshall@thedailyreview.com.
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