ELIZABETH ROBERTSON / Staff Photographer
During a lunch break, Vincent J. Fumo and his fiancee, Carolyn Zinni, stroll Market Street together.
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Lawyers argue over Fumo sentence
With the sentencing of former State Sen. Vincent J. Fumo set for Tuesday, prosecutors and defense lawyers delivered spirited arguments yesterday about the amount of the fraud committed by the once-powerful Democrat.
The fraud exceeded $4 million, prosecutors said, while the defense said the total was a lot less.
The amount is significant because it will directly affect the possible range of his sentence under federal guidelines.
While the guidelines are no longer mandatory, U.S. District Judge Ronald L. Buckwalter is expected to give strong consideration to the numbers in the presentence report, which concluded that Fumo could face a prison term of 21 to 27 years.
While Buckwalter said he would issue a ruling today on the guidelines calculation, he is not bound by that calculation and can impose any sentence he believes is fair. And the judge gave no clues yesterday about what he might be contemplating.
Fumo, 66, sat quietly through the all-day hearing, often holding hands with his fiancee, Carolyn Zinni, in the front row of the courtroom.
Fumo, who served in the state Senate for 30 years until resigning last year, was convicted of defrauding it by getting employees to do personal and political-campaign work on state time, and of defrauding two nonprofits, Citizens' Alliance for Better Neighborhoods and the Independence Seaport Museum.
Assistant U.S. Attorneys John J. Pease and Robert A. Zauzmer contended that the amount of the fraud was more than $4 million, which added 18 extra points in the complex formula used to compute the sentence range under federal guidelines.
"I can't say that there's no loss here, because of the jury's verdict," defense attorney Dennis J. Cogan told Buckwalter. But he disputed the prosecution's numbers. "The methodology is wrong," he said.
The prosecutors contend that Fumo should get extra points - and therefore more prison time - because he had a leadership position in the crime, abused his position of public trust, and lied during his testimony.
The presentence report, compiled by a veteran probation officer, reached the same conclusion.
The defense team argued that Fumo's sentence should be lessened because of his medical frailties, which include heart problems, diabetes, and other issues, and because of his history of good works.
As for the fraud on Citizens' Alliance, prosecutors contend that the nonprofit lost about $1.7 million by paying for a wide range of purchases - thousands of tools, plus consumer goods, expensive paint, vacuum cleaners, and vehicles used by Fumo and his codefendant, Ruth Arnao.
Zauzmer disputed Cogan's contention that Fumo returned a large number of tools to Citizens' Alliance, displaying photographs that showed only a smattering of tools at the charity's warehouse.
That drew a sharp retort from Cogan, who suggested they all head over to the warehouse to look at the repository of tools. "I saw it. I'll take the oath," Cogan said, his voice rising.
With the legal argument on the mathematical calculations complete, the formal sentencing on Tuesday is expected to involve an even more lively debate about what is the appropriate sentence for the long-powerful politician.
Meanwhile, The Inquirer has asked Buckwalter to make public the more than 100 letters written on Fumo's behalf and submitted by the defense for the judge's review as he contemplates a sentence.
Contact staff writer Emilie Lounsberry at 215-854-4828 or elounsberry@phillynews.com.
