In a move that could spare former State Sen. Vincent J. Fumo years behind bars, a judge yesterday cut the length of the prison term that could be imposed under federal sentencing guidelines from up to 27 years to no more than 14.

And it could be much less.

The judge, who is not bound by the guidelines but must give serious consideration to them, also could shave time off for Fumo's medical problems and for his good works as a senator for 30 years.

The ruling by U.S. District Judge Ronald L. Buckwalter, who does not have a reputation as a harsh sentencer, heightened the prospect of a hard-fought courtroom battle Tuesday - sentencing day for the once-powerful Democrat.

Fumo's lawyers suggested that a long sentence would be tantamount to death, because a doctor says Fumo has a significant risk of a fatal heart attack within the next 10 years.

But prosecutors, in a blistering court filing, called for a sentence of more than 15 years and repeatedly underscored the importance of a sentence that would deter corruption by public officials.

The sentence will "echo in every corner of the state, and perhaps beyond, declaring to powerful officials and common citizens alike the tolerance of federal law for those who abuse their positions of power," Assistant U.S. Attorneys John J. Pease and Robert A. Zauzmer wrote in a 53-page memorandum to Buckwalter.

Fumo, they said, "must be punished for criminal wrongdoing that transpired for two decades and involved a gross breach of the public trust."

The prosecutors reminded the judge of other sentences imposed in large-scale fraud and corruption cases - 15 years for the former president of the Independence Seaport Museum, 10 years for former City Treasurer Corey Kemp, and the 61/2-year term given to former City Councilman Rick Mariano.

Fumo, they said, engaged in far more serious crimes.

The defense, meanwhile, asked for a sentence much lower than the guidelines range, which the judge has now set at 11 to 14 years. The presentence report, compiled by a veteran probation officer, concluded that the guidelines range was 21 to 27 years.

The defense lawyers included excerpts from the more than 250 letters written to the judge, who is reviewing the letters, but has not made them public. The Inquirer has requested that the letters be released.

"Although he clearly made serious mistakes along the way, as all the letter-writers willingly acknowledge, the good so far and so thoroughly outweighs the bad," defense lawyers Samuel Buffone, Dennis J. Cogan, and Peter Goldberger wrote in a 39-page memorandum.

The letters, which came from some of the region's power elite as well as from average citizens, portray Fumo as a well-meaning public official who cares about education, neighborhoods, and the arts.

Comcast executive David L. Cohen, the former chief of staff to Mayor Rendell, lauded Fumo as "an enormously effective legislator" who had been the "city's number one protector in Harrisburg."

Cohen praised Fumo for making sure that schools, universities, and medical programs received vital state funding year after year.

And he cared about low-profile matters too.

A nun from Old St. Joseph's Outreach to the Homeless wrote that Fumo "contributed his time, talents, and financial resources" to helping those in need.

Fumo, she wrote, would show up once a month with food. "The men knew that he really cared about them. Vincent was also sensitive to the volunteers as well, and engaged them in assisting with the meal preparation and serving," wrote Sister Maria Christi.

The defense lawyers also cited other sentences in corruption cases, but said Fumo's case should not be considered a corruption case because his crimes did not involve bribery or selling his office.

In his two-page order, Buckwalter substantially reduced the amount of the fraud in the case - a key factor in the complex calculation of the parameters of a possible sentence under the federal sentencing guidelines.

Prosecutors and the presentence report put the amount of the fraud at $4.2 million. Buckwalter essentially cut that amount almost in half.

The judge also rejected prosecutors' contention that Fumo deserved extra prison time for lying to the jury, falsely claiming to be acting on behalf of a charity, and using sophisticated criminal techniques. Under the complex guidelines, such factors could add 10 years or more to the length of the possible sentence.

The prosecutors, meanwhile, contended in their memorandum to Buckwalter that Fumo was an arrogant politician who enjoyed a life of privilege and wealth.

They nearly mocked a "social history" submitted by the defense that concluded Fumo had been picked on as a boy, was shy at school dances, and had problems with fidelity and family.

"Say all of this to the defendants, who have actually known hardship and despair," Pease and Zauzmer wrote.

Fumo, they went on, did not steal because he needed the money. "He stole because of a sense of entitlement," they wrote, "and greed that epitomizes one of the worst imaginable combinations of characteristics that we can find in an elected official."

Contact staff writer Emilie Lounsberry at 215-854-4828 or

elounsberry@phillynews.com.