Monday, July 6, 2015

Indicted Traffic Court judges seek dismissal of charges

Nine defendants accused in a massive ticket-fixing scheme in Philadelphia Traffic Court asked a federal judge this morning to dismiss the charges, claiming the practice is not a crime.

Indicted Traffic Court judges seek dismissal of charges

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The Philadelphia Traffic Court Building on 8th and Spring Garden Streets on Thursday, January 31, 2013.  ( Yong Kim / Staff Photographer )
The Philadelphia Traffic Court Building on 8th and Spring Garden Streets on Thursday, January 31, 2013. ( Yong Kim / Staff Photographer )

Nine defendants accused in a massive ticket-fixing scheme in Philadelphia Traffic Court asked a federal judge this morning to dismiss the charges, claiming the alleged practice is not a crime.

Henry Hockeimer Jr., attorney for former Traffic Court Administrative Judge Michael Sullivan, told U.S. District Judge Robert Kelly the federal case is built on the prospect of money the city might have collected if traffic ticket holders were found guilty by the judges.  But no fine exists until that guilty verdict, he said. 

"It can't be speculative," Hockeimer said. "In this case, stuff has to happen. There has to be a hearing. There has to be an adjudication by a judge."

Hockeimer noted that some of the cases cited in the Jan. 31 indictment included findings of guilt by Traffic Court judges for ticket holders.  He also said the defendants are not accused of taking any "bribes or kickbacks."

Prosecutors said the scheme was based on political favors for connected people in the city.  Assistant U.S. Attorney Anthony Wzorek dismissed Hockeimer's claims, using an old legal saying about a child who kills both of his parents and then pleads for mercy in court because he is an orphan.

Wzorek said the investigation cited "174 overt acts" by six judges, one court official and two businessmen to fix tickets in a secretive process that often included speaking in code. He cited legal precedents, saying they say such prosecutions "punish the scheme, not its success."

Kelly told the attorneys he will rule promptly on matter.

Three other defendants, including retired Traffic Court Administrative Judge Fortunato Perri Sr., have already pleaded guilty to fixing tickets.

Gov. Corbett last week signed into law a measure to remove from the Nov. 5 general election three vacant Traffic Court seats, as part of a larger push to eliminate the agency and fold its duties into Philadelphia Municipal Court.  Traffic cases there would be heard by appointed hearing examiners.

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About this blog
William Bender, a Drexel graduate who landed at the Daily News in 2007, has covered everything from South Philly mobsters to doomsday hucksters. He occasionally writes about local food trucks and always eats everything on his plate, whether it be a bloody rib eye or a corrupt politician. E-mail tips to benderw@phillynews.com
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David Gambacorta, has been a reporter with the Daily News since 2005, covering crime, police corruption and all of the other bizarre things that happen in Philadelphia. Now he’s covering the 2015 mayor’s race, because he enjoys a good circus just as much as the next guy. He’s always looking to get a cup of coffee. Send news tips and other musings on life to gambacd@phillynews.com
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