Lawyer: Cantrell not cooperating with feds
Sentencing delayed to end of the month
NWI Times
Mar 6, 2009
nwitimes.com/news/local/lawyer-cantrell-not-cooperating-with-feds/article_e4c047d7-46e4-511f-abaf-cd753afeba30.html
HAMMOND | Former Democratic powerbroker Robert Cantrell is "absolutely not" cooperating with state or federal investigations in hopes of reducing his federal fraud sentence, Cantrell's defense attorney said Thursday.
"He is not cooperating in any federal investigations of any kind, nor state, nor has he ever," attorney Kevin Milner said in response to a question from The Times.
The comments came as Milner and Cantrell exited the Hammond federal courthouse following a hearing in Cantrell's criminal case.
Cantrell's sentencing was delayed again Thursday, adding to a nine-month run of postponements. Cantrell, 67, of Schererville, was convicted June 6 of 11 federal counts involving kickbacks, fraud and false income tax returns. U.S. District Court Judge Rudy Lozano continued the hearing until March 31 so Lozano can review trial transcripts for evidence that might factor into Cantrell's sentence.
In a courtroom packed with Cantrell's family and interested onlookers, the prosecution, defense and Lozano sparred over the sentence Cantrell deserves under federal sentencing guidelines.
Thursday's hearing, like the trial, focused on Cantrell's employment with the North Township trustee's office and his connection to Addiction and Family Care Inc. The counseling service paid Cantrell to connect the business to government clients, one of which was North Township.
Milner objected to several sentencing enhancements proposed in the confidential pre-sentence report by probation authorities. Milner argued Cantrell does not deserve a sentence enhancement for being a high authority in the North Township office because Cantrell was not the "big boss man." Milner said this seemed to contradict the prosecution's trial argument that Cantrell worked infrequently at a "sham" job in the township office.
"And now they're saying he's a heavy duty guy?" Milner said outside court.
Assistant U.S. Attorney Orest Szewciw disagreed on Cantrell's authority in the office of North Township Trustee Greg Cvitkovich. Cantrell had authority in the office even before he was hired to work there, Szewciw said. The prosecution showed "plenty of evidence" of Cantrell's influence, Szewciw said. Szewciw also noted that Milner appeared to be saying Cantrell got paid for not showing up.
"Your honor, I think Mr. Milner just admitted that his client was a ghost pay-roller for five years at the North Township office," Szewciw said.
Milner also argued against Cantrell having to pay restitution and face sentencing enhancements related to the counseling contract. Szewciw insisted the enhancements are appropriate, although most discussion Thursday was between Milner and Lozano, who fired rigorous, sometimes wry questions at Milner over his contention that Cantrell had little official authority at North Township.
"That doesn't mean he didn't have the authority to do certain things," Lozano said.
Lozano decided, after more than 90 minutes of arguments, that he needs to review the trial transcripts for testimony about Cantrell's work at the township. The hearing is scheduled to resume March 31, but Lozano said he could move up the date.
It is unclear how much prison time Cantrell might face.
Cantrell offered no comment as he walked out of court. His daughter, Lake Superior Court Judge Julie Cantrell, said the family also did not want to comment.
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