Risoldi fraud trial put off for months

A judge on Friday disputed state prosecutors' call for him to remove himself from the multimillion-dollar insurance fraud case against Bucks County's politically connected Risoldi family, putting off a decision about their request and delaying the trial for what could be months.

After a 31/2-hour hearing in Doylestown that saw sharp exchanges between attorneys during testimony by the lead prosecutor, who said Chester County Judge Thomas G. Gavin has a bias toward the Risoldi family, Gavin said he would decide in the coming weeks, but did not specify a date.

Gavin, a senior judge, was asked to preside because of the Risoldis' ties in Bucks County. But prosecutors have raised a variety of objections, saying he had shown favor by denying their requests to revoke Claire Risoldi's bail after allegations that she tried to intimidate witnesses, among other things.

The Attorney General's Office says Risoldi, who was known for throwing lavish fund-raisers for Bucks County Republicans at her New Hope mansion, conspired with family members beginning in 2009 to collect $20 million in inflated insurance reimbursements after three fires at the estate.

The family's attorneys have argued that the insurance payouts were legitimate.

Gavin also heard arguments about who is obligated to pay property taxes on the Risoldis' assets, which were restrained but not seized by the state, meaning the Risoldis still live in their home. The state pays real estate taxes when it seizes property.

Gavin decided a new hearing must be scheduled to decide that matter, after which he will give an opinion on the request that he recuse himself from the case.

As prosecutors spoke, Claire Risoldi, dressed in a gray pinstripe suit and clutching a tin of Altoids in her lap with both hands, shook her head at times.

Lead state prosecutor David Augenbraun said that fewer potential witnesses had contacted his office since the allegations of intimidation were heard in court.

"The public message that sends is the witnesses are being left out there," he told Gavin, saying the decisions not to revoke Risoldi's bail could chill witnesses.

"I was under the impression you had all your witnesses lined up and ready to go," Gavin told prosecutors, noting that it has been two years since the investigation began.

Michael Engle, Carl Risoldi's attorney, said the recusal motion is "completely baseless."

"It's a scary thing that they're asking this judge to recuse himself," Engle said.

In its motion, the state Attorney General's Office said it has evidence that "this court has lost objectivity."

In addition to the witness-intimidation question, the filing alleges that Gavin created an appearance of impropriety by deciding not to disqualify Risoldi's attorney, whom the state was allegedly investigating, and not putting on record information related to a conversation he and Risoldi had when she called Gavin at home, among other things.

The motion was filed by Solicitor General Bruce L. Castor Jr., the former Montgomery County district attorney and commissioner, who suddenly joined the state prosecutor's office four weeks ago.

Gavin, responding to each charge Friday, said that prosecutors had the right to disagree with him but that he had been reasonable.

"Sometimes you win them and sometimes you lose them," he said.

jmcdaniel@philly.com

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