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The Tribune-Democrat, Johnstown, Pa, ‘Fenton federal trial date set” Wecnes aul 15, 1998 ‘abe Cs layed for picking new prosecutor PF, i By SANDRA K. REABUCK . TRIBUNE DEMOCRAT NORTH CAMBRIA BUREAU Donald Lee Fenton of Geistown is scheduled to go on trial May 18 in U.S. District Court in John- stown on charges that he threatened to kill U.S. Rep, John P, Murtha, one of the congressman’s aides and several other people. Fenton's upcoming trial in Cambria County Court on charges that he threatened his insur: ‘ance agent is expected to be delayed for the appointment of a new prosecutor, Both the state and federal charges stem from a telephone phone conversation in which Fenton __ talked Dec, 3 with Randy Leventry, an insurance ~ agent. According to the charges, Fenton threat: > ened Leventry and also threatened “to blow Con- gressiman’s Murtha's head off)” Leventry was handling an insurance claim for ' damage done to Fenton’s truck by a local repair + garage whose workers allegedly failed to refill S661 02 UdV ae the truck’s engine with oil; resulting in the engine being damaged, US, Attorney John Valkovei of Johnstown on Tuesday confirmed the May 18 federal trial date for Fenton. In addition, Fenton is scheduled to be in federal court May 4 for a hearing on several pretrial motions by the defense challenging Fen-* ton’'s arrest and other issues. Fenton, 41, of the 2400 block of Bedford Street, was in county court on Tuesday for a hearing before Judge Gerard Long on a motion seeking to have the county district attorney's office disqual- ified from prosecuting state charges. The issue was quickly resolved when First Assistant District Attorney Patrick Kiniry said that the state attorney general’s office will be asked to name a special prosecutor in order to avoid the appearance of any conflict of interest, Kiniry confirmed that Assistant District Attor- ney Gary Jubas - one of the part-time prosecu- tors~had represented Fenton [agai privately, including making some phone calls for Fenton on the insurance matter, But Jubas did not, as contended by the defense, receive a $1,000 retainer from Fenton, according to Kiniry, Because Jubas’ prior representation of Fenton “would raise the appearance of i impropriety, We will ask the attorney general to assign a prOsecte | tor,” Kiniry said. Public Defender Richard Corcoran, who is rep- resenting Fenton, maintained in the petition that ‘ Jubas obtained confidential information during the course of his representation of Fenton in the civil matter and that may be detrimental to any defense offered by Fenton at trial, Fenton's county trial is scheduled for the May term of criminal court, but it is expected to be pstpoed until. July, Fenton (~o1>a@ ‘opeds “a? Guiddit> tuNSy) . po 9 3 Be a 5 ce 5 8 SRT nD " Ay of Mya 35 oa ae yO \ dst PINS NS S V2 { ‘one NY ti ° vrs y RR avd ta ~~ * .: oF pus yd tandudsaou awe TaBud oywSEpUy a C2 (82-S-gt "Adu)> ose-au SFBganvi