Judge denies request to return sheriff's guns
Post-Tribune
February 07, 2017
A federal judge Wednesday denied Sheriff John Buncich's request to have his firearms returned.
Judge Paul Cherry ruled that Buncich, who was indicted in November on public corruption charges, could not amend the conditions of his release to allow the return of his firearms, which his attorney argued he needs to perform his duties. Shortly before the judge's ruling came down, Buncich's attorney, Bryan Truitt, pushed for the U.S. Attorney's Office to release documents seized from the sheriff that are needed to prepare his defense.
"The delay in returning Sheriff Buncich's belongs is hindering the preparation of the defense," Truitt wrote, in a motion. "Additionally, it is making it impossible for him to timely prepare and file campaign disclosure forms, income taxes and provide helpful evidence to his attorneys."
Federal authorities seized documents and other material from both Buncich's office and Crown Point home in November, according to court documents, and Truitt said he's repeatedly asked for copies of that material.
Aside from Buncich's personal documents, Truitt said the defense team has not received any other information on what the U.S. Attorney's Office plans to present at the trial, including more than 45 DVDs and CDs of recordings.
Tuitt said the U.S. Attorney's Office has not turned over a single document during the discovery process and the trial is tentatively set to begin in April.
"…Whether intended or not, this delay is providing the government with an unfair advantage and would result in a trial by ambush should this case proceed in April," Truitt's motion read. "Sheriff Buncich is effectively being denied his ability to defend himself."
Truitt previously raised concerns that the U.S. Attorney's Office was not disclosing discovery material in a timely fashion in a prior motion. Truitt said federal attorneys' opposition to the request for the release of Buncich's firearms was an attempt to get him to accept a plea agreement.
"This is a continued attempt at intimidation to attempt to gain a guilty plea from Buncich; combined with withholding his personal belongings and not providing Rule 16 discovery items to the defense," Truitt wrote, in a motion.
Truitt asked a federal judge to amend the conditions of the terms of the sheriff's bond, which would allow the return of his firearms. When Buncich was released on bond, federal authorities confiscated his firearms.
Truitt argued, in the motion, that Buncich needs access to firearms to perform his duties as a law enforcement officer, and that he's not been charged with a violent crime and does not pose a danger to himself or others.
Federal authorities on Friday questioned Truitt's contention, according to court documents, and stated that during their three-year investigation, they never observed him carrying a firearm.
Buncich, former Chief of Police Timothy Downs and William Szarmach, of CSA Towing in Lake Station, were named in a multicount indictment alleging an illegal towing scheme in which the sheriff accepted bribes in the form of thousands of dollars in cash and donations to his campaign fund, Buncich's Boosters, according to court records. All three are facing charges of wire fraud, while Buncich and Szarmach also are charged with bribery.
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