Fumo to learn the full extent of his fall at sentencing today

CONVICTED FORMER state Sen. Vince Fumo is scheduled to be sentenced today, but whether that will happen - and, if he is sentenced, whether he'll immediately go to jail - is unclear.

The one thing that is clear is that today's hearing in Courtroom 14A of the federal courthouse figures to be a no-holds-barred scrap between prosecutors and defense attorneys.

Prosecutors will try to persuade U.S. District Judge Ronald L. Buckwalter to put Fumo, 66, behind bars for 15 years. Fumo's attorneys will fight for leniency based on his 30 years of public service and his medical condition.

Buckwalter set the tentative advisory sentencing guideline range at 11 to 14 years on Friday, but that doesn't mean Fumo will get a sentence in that range.

Judges must also consider deterrence, the seriousness of the crime, the need for just punishment, the circumstances of the crime and a defendant's personal history, among other factors.

Buckwalter already has ordered Fumo to pay at least $2.1 million to the state Senate, the nonprofit Citizens Alliance for Better Neighborhoods and the Independence Seaport Museum as restitution to his victims.

The defense will likely call witnesses - though who they are and how many is unknown - to attest to Fumo's good works and his health-related problems.

Will Fumo's children and his fiancee take the stand? His doctors? And will any prominent elected officials offer testimonials?

Fumo will have an opportunity to address the court prior to sentencing, but will he do so?

Fumo attorney Dennis Cogan could not be reached for comment yesterday.

Prosecutors said in a court filing last week that they plan to call a physician with the Bureau of Prisons to refute any defense argument that the bureau is not adequately staffed or equipped to provide appropriate medical care for Fumo, who has heart disease, diabetes and other ailments.

If Fumo is sentenced today, he is unlikely to be jailed immediately.

Typically, white-collar defendants are permitted to surrender to the Bureau of Prisons within 30 to 60 days of sentencing.

Last March a jury found Fumo guilty of fraud, obstruction of justice and related offenses. Since then, he has been free on $2 million secured bond and can't travel more than 150 miles from Philadelphia.

However, if Fumo were sentenced to a long prison term, prosecutors might contend that he is a flight risk and should be imprisoned immediately.

They could also argue that he be confined to a particular residence and monitored with an electronic ankle bracelet until he reports to prison.

Judge Buckwalter could also sentence Fumo, but let him remain free on bail while he appeals his case. But this might be the least-likely scenario since Buckwalter has already rejected two Fumo motions for a new trial.*