Fumo's federal hearing continues

After seven and a half hours of witness testimony and the presentation of evidence, the first day of former Pennsylvania Senator Vince Fumo’s resentencing hearing was adjourned without a verdict and will continue Thursday.

Fumo, a 68-year-old 1984 Wharton MBA recipient who was sentenced to 55 months in prison for misappropriating millions in taxpayer dollars in 2009, faces a possible tripling or quadrupling of his sentence. According to The Philadelphia Inquirer, presiding United States District Judge Ronald Buckwalter has indicated that federal guidelines suggest a sentence of 210 to 262 months — a divergence from the claim he made two years ago that the range should be at least 11 years, or 132 months.

The prosecution is focusing on two main pieces of evidence — Fumo’s medical records and past emails.

According to co-prosecutor John Pease, Fumo’s medical records are inconsistent with what he told the court. The defendant is struggling with an addiction to alcohol, narcotics, anti-depressants and tranquilizers, but FBI case agent Vicki Humphreys testified that Fumo didn’t reveal his substance abuse problem until after he was sentenced to prison.

Pease said this is contrary to Fumo’s claim that he told his doctor before starting his sentence. If Fumo had informed his doctor about his drug dependency prior to prison, he would have qualified for the Residential Drug Abuse Program, a rehabilitation program that, if completed, will lessen a criminal’s sentence by up to one year.

The defense also expressed concerns about Fumo’s heart issues and cancer while behind bars. Northeast Medical Director for the Federal Bureau of Prisons John Manenti testified that despite the defense’s claims, Fumo is receiving adequate medical care in prison. In fact, he told the court that after reviewing Fumo’s medical records it seemed Fumo’s health had improved during the sentence.

Pease said the judge will look at Fumo’s emails to determine if there’s a “likelihood of remorse.” But Pease believes these emails will not work in Fumo’s favor because in them, he stresses that he’s a victim and never takes responsibility for his crimes. Fumo’s messages refer to the prosecutors as “evil,” the jury as “dumb, corrupt, and prejudiced,” and his offenses as “my so-called crime.” Pease said Fumo’s emails will be covered on the second day of the hearing at the U.S. Federal Court of the Eastern District of Pennsylvania.

But besides Fumo’s personal health and other factors, the prosecution wants Fumo to be re-sentenced to set a precedent.

Executive Director for the Pennylvania State Ethics Commission John Contino, who was a witness Wednesday, wants Buckwalter to lengthen Fumo’s sentence as a deterance against similar crimes. Contino, who has been involved with corruption cases for the past 30 years, called this “one of the most significant” corruption cases he’s seen.

Today is the second and final day of the hearing. The prosecution and defense will give their final arguments, and Fumo will be given the opportunity to personally address the judge. Buckwalter is expected to reach a verdict in the afternoon.

The defense could not be reached for further comment.

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