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: The Legal Intelligencer Blog

At Fumo Hearing, a Divide Over Loss of Public Confidence?

By Brian Harris

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Shannon P. Duffy
U.S. Courthouse Correspondent

As the sentencing of former state Sen. Vincent Fumo got back under way Tuesday afternoon, there was a spirited exchange between Assistant U.S. Attorney John Pease and U.S. District Judge Ronald L. Buckwalter that revealed a sharp divide in how they view the case.

Pease was arguing that Buckwalter should impose a sentence stiffer than the prison term of 121 to 151 months called for under the guidelines because of factors that were never considered in the guidelines such as the ?loss of public confidence in the integrity of our governmental processes.?

But Buckwalter suggested that the guidelines do account for loss of public confidence.

Pease insisted that Fumo used taxpayer money to support campaigns and that Fumo?s crimes caused ?real harm to our electoral process.?

?Do you really think that or is that just a figment of your imagination?? Buckwalter asked.

When a spectator laughed, Buckwalter called for silence and said he was not trying to be funny, but that he wanted to know: ?How do you know what the public thinks??

Later, when Pease referred to 11 million Pennsylvania taxpayers, Buckwalter pounced, saying he was getting annoyed by the prosecutor?s ?hyperbole? in arguing that all Pennsylvanians share thoughts about Fumo.

?It?s the one thing that offends my otherwise mild manner,? Buckwalter said, adding that many taxpayers in the judge?s home turf of Lancaster County have no idea who Fumo is.

Full post as published by The Legal Intelligencer Blog on July 14, 2009 (boomark / email).

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