Frein prosecutor loses in GOP primary

The veteran district attorney prosecuting alleged cop killer Eric Frein lost a primary challenge Tuesday, setting the stage for the high-profile capital case to be taken over by a first-time prosecutor.

Kelly Gaughan, a family-law attorney, defeated two-term incumbent Ray Tonkin by 192 votes in the hotly contested Pike County Republican primary, according to unofficial results.

But Tonkin has not given up. Unofficial results showed he won a write-in campaign for district attorney on the Democratic ballot with 442 votes.

If that holds, he and Gaughan would face off again in November. Frein's trial - unlikely to occur until at least next year - could again hang in the balance.

Republicans dominate in the county, and more than 4,000 voters - about one-third of Pike's registered Republicans - voted Tuesday.

Tonkin had campaigned on his experience as a prosecutor. One of his campaign mailers featured Frein's bruised face and told voters he was the only candidate who could prosecute a murder. That led to objections and a motion by Frein's attorney and placed the alleged killer in the political spotlight.

Gaughan did not campaign on the Frein case; she promised to do more for victims of child abuse and establish veterans' and drug-court programs in Pike County. She also had support from a local chapter of the state troopers' union.

She said Wednesday that she had "zero hesitation" about her ability to prosecute Frein, and said she would remain committed to seeking the death penalty for his alleged ambush in September on the state police barracks in Blooming Grove.

"Of course I will be preparing myself over the next seven months to take over," Gaughan said.

In statements Wednesday, Tonkin did not address the primary results. He also did not indicate whether he will run in November.

"While we await the final tally of all votes cast . . . I will continue to focus on doing the best job I can," he said.

Michael Weinstein, Frein's attorney, expressed no preference about who prosecutes the case.

"By the time the Eric Frein case goes to trial, she'll have a few trials under her belt," Weinstein said of Gaughan.

The Pike County District Attorney's Office now has three assistant prosecutors. Tonkin's first assistant, Bruce DeSarro, who has been working on Frein's prosecution, publicly endorsed Tonkin in the primary race and, in a letter to a local newspaper, criticized Gaughan.

It's unclear whether the election would affect the staff. Gaughan said she would hire staff capable of prosecuting all cases.

Frein has been held without bail since his arrest in October. He is accused of killing Cpl. Bryon Dickson and shooting Trooper Alex Douglass outside the Blooming Grove barracks, then leading police on a 48-day manhunt across Pike and Monroe Counties.