Judge's illness delays Fumo corruption trial

The federal corruption trial of State Sen. Vincent J. Fumo has been postponed for a month because of the continuing illness of the trial judge.

U.S. District Judge William H. Yohn Jr. told prosecutors and defense lawyers during a conference call yesterday that the delay was necessary because he had not recovered from what he has described as a virus.

Yohn, 73, who was appointed in 1991, was noticeably under the weather during jury selection last week.

He had a persistent cough, and at one point he said in court that he had been going straight to bed when he got home each night.

The final round of jury selection had been scheduled for Monday, but Yohn sent word to the lawyers on Sunday that he was undergoing hospital tests and that the trial would be delayed a week.

The judge was said to be resting at home while doctors try to treat the problem.

The delay added uncertainty to the momentum of prosecutors and defense lawyers who have been working to prepare for one of the most anticipated corruption cases in recent Philadelphia history.

Fumo, 65, one of the most powerful Democrats in Harrisburg and in Philadelphia, was back on the Senate floor yesterday as a result of the delay.

He is charged with 139 counts of conspiracy, fraud, obstructing justice and tax violations. His defense attorney, Dennis J. Cogan, declined to comment on the delay.

Under current plans, the 42 prospective jurors accepted into the jury pool will remain on standby pending a rescheduled date.

Twelve jurors and four alternates are to be chosen for the trial, which is expected to last about three months. The monthlong postponement means that the trial almost certainly will last into the holiday season or even next year.

Yohn and the lawyers also discussed the possibility of starting over in January or having another judge preside over the case. In the end, the decision was to delay the trial for a month.