Vince Fumo: A man of many facets

THE CURTAIN IS finally going up on one of the marquee federal corruption trials in city history.

After a month's delay and the selection of a new judge, state Sen. Vince Fumo is getting his day in court today as jury selection resumes.

Jury selection was halted last month because of the illness of the then-presiding U.S. District Judge William H. Yohn Jr.

U.S. District Judge Ronald L. Buckwalter was assigned to the case Sept. 29.

Buckwalter already has signaled at least one important change regarding courtroom proceedings: He plans to hold court only four days a week, with jurors excused on Fridays.

The long-awaited trial could take three months.

Shortly before jury selection was suspended, Fumo informed prosecutors that he intended to defend himself against obstruction of justice charges based on advice he received - or understood he received - from his former lawyer and confidant, Richard A. Sprague.

That could set up a dramatic courtroom showdown between Fumo and Sprague - if prosecutors call Sprague as a rebuttal witness.

Fumo, 65, is charged with using Senate employees to perform personal and political chores and with defrauding the Citizens Alliance for Better Neighborhoods by using its money to furnish three of his homes and with related tax offenses.

He is also charged with defrauding the Independence Seaport Museum and with obstruction of justice by allegedly trying to thwart a federal investigation by engaging in an electronic coverup.

The feds say Fumo defrauded his victims to the tune of $3.5 million.

A former aide and executive director of Citizens Alliance, Ruth Arnao, has also been charged in the case. Arnao and Fumo have pleaded not guilty.

Two other defendants - both former Fumo computer aides - have pleaded guilty to obstruction charges and have agreed to testify against Fumo.

In a letter to prosecutors on Sept. 5, Fumo's lawyers claimed Sprague told Fumo it was permissible under federal law to delete e-mails from Fumo's Senate computers that had not been subpoenaed by the government.

Prosecutors said Sprague told them he is willing to be interviewed by the feds about what he did or did not tell Fumo.

Buckwalter gave permission last week for the government to interview Sprague outside the presence of Fumo's defense lawyers.

Sprague said in court in July 2007 that no one at Sprague "knew one iota of anything" about wiping or deleting e-mails and, as soon as they learned of it, advised Fumo's office to stop.

Sprague and Fumo parted ways last year after Fumo refused to waive alleged conflicts of interest involving Sprague's representation of Fumo and the three entities who were victims of the senator's alleged crimes.

Sprague withdrew from the case in September 2007. A month later Fumo hired Dennis J. Cogan, and the trial's start date was pushed back to September 2008.

Since then, both sides filed a flurry of legal motions in the case. Last month, an intermediate pool of 41 potential jurors was culled from a pool of about 150 jurors who were questioned individually.

Many said they either didn't know much about Fumo or were unfamiliar with the charges against him.

Prosecutors and defense lawyers will now have an opportunity to strike potential jurors from the remaining pool before selecting 12 jurors and four alternates to hear the case.

Once a jury is seated, opening statements will begin next day, Buckwalter said.