11/11/2011 21:31Kentoine Johnson

Vincent J. Fumo, the once-powerful, now-disgraced state legislator, was resentenced today in an extraordinary hearing to 61 months, six more than his previous sentence.

Mr. Fumo, 68, at one time the most influential legislator in Pennsylvania, was convicted in 2009 of misusing million in state funds. Though eligible for a sentence of at least 17 years, Mr. Fumo was given 55 months by U.S. District Judge Ronald L. Buckwalter, who handled the latest proceeding.

Before delivering the new sentence, Judge Buckwalter reviewed e-mail that Fumo had sent from prison and declared that Mr. Fumo lacked a "true sense of remorse" and a "complete lack of respect for our legal framework."

Mr. Fumo listened, but showed no emotion. He was led away in handcuffs shortly afterward.

After Mr. Fumo is released, Buckwalter ruled, he must perform community service of 10 hours a week for three years.

The judge had come under intense public criticism for the 55-month sentence. In August, Judge Buckwalter convened the hearing after an appellate court ordered him to reconsider Mr. Fumo's sentence based on a new calculation of the dollar value of Fumo's crimes.

But Judge Buckwalter said the the federal sentencing guidelines, which called for 17 to 22 years in prison, were "completely unfitting" to the crimes.

He noted that a corrupt former Philadelphia treasurer got 10 years in prison, and former City Councilman Rick Mariano got 7 1/2 years.

"None of these cases are comparable" to Mr. Fumo's, the judge said. He said both the treasurer and Mr. Mariano faced extortion charges.

The judge cited the corruption case against New Jersey State Sen. Wayne Bryant, who was sentenced to four years. And he said that former Philadelphia State Sen. Buddy Ciafrani - who placed ghost employees on the payroll - served only 27 months for those crimes.

Judge Buckwalter said despite letters demanding a lengthier sentence, he would not respond to "public outrage."

Though the offenses required prison time, the guideline range of 17 years should be for people who sell their office for personal gain, the judge said.

If he had given Mr. Fumo 15 years, as the government requested, it would be a death sentence for Mr. Fumo, Judge Buckwalter said.

As to future crimes, the judge said Mr. Fumo lacks the power he once had, and based on his health, his age and what Fumo said in court today, "I do not believe he will pose a threat to society" upon release.

Since the 2009 sentencing, Mr. Fumo has been jailed at a federal prison in Ashland, Ky.

Judge Buckwalter noted that the Mr. Fumo's crimes were not violent, but called the former state senator's schemes "arrogant."

From Mr. Fumo's crimes, the judge said, the government brought more than 100 counts of offenses. Federal guidelines warn against overcharging, and in Fumo's case the government brought far too many counts, the judge said.

Judge Buckwalter said the number of charges reflected "the very unfairness" that the manual counsels against. The judge says many people who wrote him emphasized the sheer number of counts.

Judge Buckwalter also said that Fumo's offenses were "indeed serious," and "not to be condoned." Yet he emphasized that Fumo was not involved bribery or extortion.

Mr. Fumo was a state senator for 30 years, the judge noted. But the federal case against him was not a political prosecution.

Judge Buckwalter said the taxpayers were the victims, but added that Mr. Fumo has paid considerable restitution. Mr. Fumo has already paid about $2.5 million in restitution and fines, The govrenment has argues that he owes another $1.5 million.

Moreover, the judge said the Fumo case was a "cautionary tale" for voters, too. He said they could have used the voting booth to check the politician.

He said that the government claimed Mr. Fumo merely did his job in the Senate. But Judge Buckwalter, in a monotone with little or no dramatic emphasis, said Fumo went beyond that. In his 30 years as a Senate, Fumo had a lengthy record of accomplishments, a presentence report by court officials found, the judge said.

Mr. Fumo helped create hospitals for the poor, saved the Civil War Library, and helped the Food Distrbution Center, Judge Buckwalter said. Plus, the judge said he got 250 letters from people who said he had done many good works.

Though Mr. Fumo's charitable acts "neither justify nor excuse his crimes," they did justify a variance from the guidelines, Buckwalter said.

Read more: http://www.post-gazette.com/pg/11314/1188997-100-0.stm?cmpid=latest.xml#ixzz1dR1BlRlt

   11/10/2011 16:15kruijs

A bearded Fumo sat in the courtroom in a green prison jumpsuit with his hair somewhat disheveled. He occasionally nodded to family and friends, while also conferring several times with defense attorneys.

Fumo is expected to speak on his behalf today before Buckwalter imposes a new sentence. A ruling could come by this afternoon.

http://www.metro.us/philadelphia/local/article/1020489--vince-fumo-expected-to-speak-in-defense