2d Fumo computer technician pleads guilty

A second computer technician who worked for State Sen. Vincent J. Fumo pleaded guilty yesterday to obstructing the federal investigation that ultimately led to the massive corruption indictment of Fumo, and he agreed to testify for the prosecution.

Mark C. Eister, who was employed by Senate Democratic Computer Services and assigned to Fumo's office at the state Capitol, acknowledged that he took part in a conspiracy to thwart the FBI and IRS inquiry.

Assistant U.S. Attorney Robert A. Zauzmer said that Eister directed staffers in the Harrisburg office to destroy e-mails sent to or by Fumo - much as another computer technician, Leonard P. Luchko, did with staffers in Fumo's Philadelphia office.

"He did this for Sen. Fumo's benefit at Sen. Fumo's direction," Zauzmer said of Eister, who stood nervously before U.S. District Judge William H. Yohn Jr. as Zauzmer recited the government's evidence.

"Do you agree that these facts are essentially correct?" Yohn asked.

"I do," Eister replied.

"And do you admit that which the government says you did?" the judge asked.

"Yes, I do," Eister said.

Eister, 38, of Camp Hill, Pa., pleaded guilty to one count of conspiracy and four counts of obstructing justice. He became the second codefendant to plead guilty. Last week, Luchko, 50, of Collingdale, Delaware County, pleaded guilty to conspiracy and 29 counts of obstructing justice. Both are scheduled to be sentenced in November.

The cooperation of the two computer technicians was viewed as a significant boost for the prosecution, though Fumo is expected to contend that he had received legal advice that it was permissible for his staff to continue its longstanding practice of purging e-mail even after the investigation became public.

Fumo, 65, a powerful Democrat in Philadelphia and Harrisburg for decades, is scheduled to stand trial, starting Sept. 8, with longtime friend Ruth Arnao. Both have pleaded not guilty.

Assistant U.S. Attorneys John J. Pease and Zauzmer agreed that if Eister fulfilled all of his obligations as a cooperating witness, they would recommend a prison sentence of no longer than two years.

Eister's defense attorney, Brian J. McMonagle, declined to comment after the 25-minute proceeding, though he is expected to seek a probation sentence.

In a memorandum filed in U.S. District Court, the prosecutors said the purpose of the conspiracy was to ensure that any evidence that was potentially harmful to Fumo and his associates was deleted and unavailable to federal investigators.

And the scheme was successful, they contended.

"Substantial amounts" of electronic evidence were destroyed, the prosecutors said, including e-mails from before 2005 and virtually all e-mails pertinent to one part of the investigation - whether Fumo committed extortion in his dealings with Peco Energy Co. and Verizon.

Even so, Fumo faces substantial charges.

He is charged with 139 counts of conspiracy, fraud, obstructing justice, and tax violations. He is accused of defrauding the state Senate and two nonprofit organizations, as well as trying to obstruct the federal investigation.

Arnao is charged with 45 counts, including conspiracy, fraud, obstructing justice, and filing false tax returns.