Brady associates subpoenaed The orders are part of an effort backed by Knox and Evans to knock him off the May 15 ballot.

Posted: March 17, 2007

Bob Brady's campaign spokeswoman has been subpoenaed to testify at a hearing Tuesday to help explain the about-face in stating why the mayoral candidate failed to disclose his city pension income last week on his financial-disclosure form.

That omission is the subject of a court challenge supported by two of Brady's rivals, who are trying to get him removed from the May 15 primary ballot. Businessman Tom Knox and State Rep. Dwight Evans say he should be disqualified as a candidate.

FOR THE RECORD - CLEARING THE RECORD, PUBLISHED MARCH 20, 2007, FOLLOWS: A story Saturday about the challenge to U.S. Rep. Bob Brady's mayoral petitions included a truncated quote from Kate Philips, Brady's spokeswoman, explaining why Brady's city pension information was not included in a financial disclosure form. Philips' full quote was: "If it's an error, it's a human error, a stupid error, but a human error nonetheless."

That subpoena was requested by lawyer Paul Rosen, who is being paid by Knox. The case is to be heard Tuesday in City Hall before Luzerne County Court Judge Patrick J. Toole Jr.

Rosen also has called on Brady, a five-term congressman, to appear, and to bring with him documents related to decisions and discussions about what to include, or exclude, on the form.

"I'm not so sure Rosen has the right to compel him to be there," Brady's lawyer, Stephen Cozen, said yesterday. "Obviously he'd like to be there if he can," he said, noting that Brady might have to be in Washington for votes in Congress.

In addition to the subpoena for Brady's spokeswoman, Kate Philips, three others were also issued late Thursday. A source provided copies of the subpoenas to The Inquirer, and they were acknowledged by Rosen and Cozen. Those also called to testify include:

City Controller Alan Butkovitz. He has been called regarding any discussion or other communication with Brady regarding his 2005 success in knocking a challenger, Paris Frazier, from the ballot. As part of that case, Butkovitz argued that Frazier, a retired sheriff's office employee, had not disclosed his city pension.

"I've probably talked to Brady and everybody else in the world since then," Butkovitz said yesterday. "I don't carry a little notebook with me about all the political gossip that happens with me in my life."

A record-keeper from the city's municipal pension fund plan. Part of the case centers on whether Brady's pension is considered a "governmentally mandated payment."

A representative of the carpenters union. Brady, a five-term congressman, works as an unpaid administrative assistant for the union and has a pension from the union, which has donated generously to his campaigns throughout the years. Rosen, in the lawsuit, argued that Brady also left out information about his union ties.

In the case of Philips, who until this month was Gov. Rendell's spokeswoman, she was ordered to turn over any documents related to statements she gave to reporters that the omitted information was probably "a stupid error, but a human error nonetheless." The campaign subsequently amended the form to include the pension income.

But a few days later, Cozen called a news conference to tell reporters that the omission was intentional. He said Brady needed to exclude his city pension income in order to comply with instructions on the financial disclosure form. He noted he had not yet been hired as a lawyer on the matter when Philips suggested a mistake had been made.

Philips referred questions to Cozen and said Cozen would also speak on Brady's behalf.

Yesterday, Cozen said Robert McCulley, Brady's tax accountant for 12 years, and James Fleet, one of his campaign directors, advised him on the form. Rosen, in the subpoenas, is seeking documents outlining that advice.

"I think those positions are night and day, and so therefore I want some testimony to show that the change was a legal strategy," Rosen said.

Contact staff writer Marcia Gelbart at 215-854-2338 or mgelbart@phillynews.com.

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