01051988 - News Article - Spann rejects plea agreement

Spann rejects plea agreement

Post-Tribune (IN)
January 5, 1988

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Former Lake County Commissioner Atterson Spann has rejected a proposed plea agreement and expects to go to trial in two weeks, Spann 's attorney said Monday. 

Merrillville lawyer J. Michael Katz said the U.S. attorney's office proposed a deal through which Spann would plead guilty to three of the six charges he faces. 

The proposed plea agreement carried a 15-year maximum sentence and would have required Spann to cooperate with the government's ongoing Operation Lights Out investigation into corruption in Lake County government. Spann faces up to 69 years in prison if convicted on all six counts. 

Katz declined comment on the proposed agreement other than to say, "I fully expect to go to trial." 

The U.S. attorney's office declined comment on the proposed agreement. The trial begins Jan. 19. 

Spann and co-defendant Rudy Byron, a longtime Spann associate and former county government employee, are charged with extortion and filing false income-tax returns. Spann faces an additional charge of racketeering. 

The charges stem from allegations they extorted money from two janitorial firms that had contracts with county government from October 1979 through April 1985. Spann is charged with extorting $30,000. The indictment doesn't specify the money allegedly extorted by Byron. 

Rudy Bartolomei, a former county commissioner and sheriff, is an unindicted co-conspirator and is expected to be one of the key government witnesses against Spann and Byron. Bartolomei pleaded guilty to an unrelated extortion charge and is in the federal witness-protection program. 

Meanwhile, both Katz and Gary attorney Hamilton L. Carmouche, who represents Byron, filed motions Thursday asking U.S. District Judge James T. Moody to order separate trials. 

Katz argued in his motion that the introduction of government tape recordings between Byron and Larry Crowel, one of the owners of General Maintenance Co. of Highland, could prejudice the jury against Spann . 

"The inclusion of such tape recorded conversations, even if admissible, are only admissible against the co-defendant Rudy Byron and would be highly prejudicial to Noah Atterson Spann ," Katz said. 

The 11 recordings are of both telephone conversations and face-to-face conversations between Byron and Crowel. The recordings were made after the alleged crimes were committed. 

The two attorneys also filed motions asking Moody to order the government to turn over grand jury testimony and other evidence the government has acquired. 

Federal rules of criminal procedure don't require the government to turn over transcripts of pre-trial testimony until after it has been presented in court. 

Assistant U.S. Attorney John F. Hoehner said the government expects to respond to the motions by the end of the week.