Legal News

Fumo Loses Bid for New Trial

By Brian Harris

By Shannon P. Duffy
U.S. Courthouse Correspondent

Former state Sen. Vincent J. Fumo has lost his bid for acquittal or a new trial now that U.S. District Judge Ronald L. Buckwalter has handed down a 129-page opinion that rejects all of the post-trial motions of both Fumo and his co-defendant, Ruth Arnao.

Significantly, Buckwalter found there was no merit to the defense claims of juror misconduct based on the Facebook and Twitter comments made by juror Eric Wuest while deliberations were underway.

"Although Wuest had violated the court?s instruction to not discuss the case outside of the jury room, his Facebook postings, like his Twitter comment, were nothing more than harmless ramblings having no prejudicial effect. They were so vague as to be virtually meaningless," Buckwalter wrote.

Fumo, 66, was convicted on all 137 counts, including three fraud schemes and a cover-up scheme. Arnao, his longtime aide, was convicted on all 45 counts.

The ruling paved the way for Fumo's sentencing, scheduled for July 14.

Prosecutors said Fumo could face a prison term of 21 to 27 years under the federal sentencing guidelines. But because the guidelines are now merely advisory, Buckwalter is free to impose a shorter term.

Full post as published by The Legal Intelligencer Blog on June 18, 2009 (boomark / email).