Feds have, but won't use, Fumo tapes

Federal prosecutors said yesterday that they have audiotapes of state Sen. Vince Fumo, but don't plan to use them as evidence at his corruption trial next year.

Prosecutors didn't say how many tapes they had or whether the tapes were made by government informants wearing a wire or from recorded telephone conversations or listening devices.

Fumo's lawyers said they wanted copies of all tapes, and prosecutors said they would be made available to them.

The disclosure came during a hearing yesterday before U.S. District Senior Judge William H. Yohn Jr. The purpose of the hearing was to lay out a timetable for the filing of various pretrial motions.

Fumo and his former deputy chief of staff, Ruth Arnao, and two ex-computer aides, Leonard Luchko and Mark Eister, were indicted in February on conspiracy, fraud, obstruction-of-justice and tax charges. All have pleaded not guilty.

Attorneys for each said they intended to file court papers asking Yohn to order separate trials for their clients.

In a case with multiple defendants, judges sometimes separate, or sever, the offenses or defendants for purposes of trial if it is apparent that a joint trial would be unfair to a defendant or the government.

Prosecutors and defense attorneys also quibbled over whether to have four- or five-day-a-week sessions once the trial starts.

Yohn decided on the former. The trial is scheduled to start Feb. 25 and could last four to six months. *