Posted on Wed, Aug. 27, 2008
Federal prosecutors asked a judge late yesterday to throw out defense subpoenas for law school application records of State Sen. Vincent J. Fumo's son-in-law, saying it was an "improper fishing expedition" to get personal records of a government witness.
The filing was another indication of the growing tension over the testimony of Christian Marrone, a former legislative aide to Fumo who is expected to be a key prosecution witness at Fumo's corruption trial.
Marrone, a lawyer in Washington, and his wife, Nicole, have been estranged from Fumo since their 2003 marriage.
"The subpoenas issued by Fumo are highly improper, and seek the production of personal and confidential educational records specially protected by federal law that he is not entitled to receive," Assistant U.S. Attorneys John J. Pease and Robert A. Zauzmer wrote.
The subpoenas were issued for the Temple and Widener University law school application records of Marrone, 33, who works in the Pentagon's liaison office with Congress.
The subpoenas seek "any and all records related to application to the university, including but not limited to letters of recommendation, essays, and any accompanying documentation" submitted by or for Marrone.
The defense is likely trying to determine what Marrone said about his accomplishments, including his work for Fumo, and any damaging information that could be used to undercut his testimony.
In July, Fumo's lawyers sought to subpoena Marrone's Pentagon personnel file; prosecutors have asked U.S. District Judge William H. Yohn Jr. to toss out that subpoena, too.
Fumo's attorney, Dennis J. Cogan, declined to comment last night on the prosecution's motion.
Fumo, 65, a longtime Democratic power in Philadelphia and Harrisburg, is scheduled to stand trial starting Sept. 8. He is charged with 139 counts of conspiracy, fraud, obstructing justice and tax violations. Prosecutors contend that he defrauded the Senate and two nonprofit groups and tried to thwart the FBI and IRS investigation.
Ruth Arnao, a longtime friend of Fumo's who led one of the nonprofit organizations, is charged with 45 counts, including conspiracy, mail and wire fraud, obstruction of justice, and the filing of false tax returns.
Both have pleaded not guilty.
Prosecutors are expected to call Marrone to help prove their allegation that while Marrone was on the public payroll, Fumo sent him to oversee renovations of the senator's Spring Garden mansion.
The 267-page indictment identified Marrone as "Person No. 19," a Senate aide in Fumo's Tasker Street office.
Contact staff writer Emilie Lounsberry at 215-854-4828 or elounsberry@phillynews.com.