FBI even seized Buncich's Bears tickets
NWI Times
Mar 11, 2017
HAMMOND — Federal prosecutors say they have hundreds of photographs and recordings of bribery evidence they can use against Sheriff John Buncich.
The U.S. Attorney's office recently outlined the volume of their material in court papers filed earlier this week in U.S. District Court, as the sheriff's attorney and the government jockey for position prior to trial.
Buncich is pleading not guilty to a five-count indictment alleging he deprived the public of honest government services by soliciting and receiving thousands of dollars in campaign contributions from towing firms wanting work from county police.
The government alleges their case is built on months of federal surveillance, cooperating witnesses and an extensive inventory of property seized last November from Buncich's office and home in Crown Point.
Assistant U.S. Attorney Philip C. Benson, who has been spearheading the government's prosecution, stated in a court filing this week, the government has provided Buncich's lawyers with more than 100 recordings and transcripts and more than 200 surveillance photos.
The government's evidence trove includes: location diagrams and WJOB radio interviews, as well as reports and payments "associated with the confidential human source used in the investigation."
The government also inadvertently seized the sheriff's Chicago Bear's football season tickets, when agents carried away a filing cabinet they were in.
Benson is responding to complaints Buncich's defense attorney, Bryan M. Truitt, of Valparaiso, made earlier to a federal judge, claiming the government hasn't returned financial records the sheriff needs to file taxes, campaign reports required by state election laws and other documents to help his lawyers prepare his defense.
Truitt argued last month the delay in sharing documents "is providing the government with an unfair advantage and would result in a trial by ambush, should this case proceed to trial in April."
Truitt couldn't be reached Friday for comment.
Benson disclosed in this week's filing that the government returned Buncich's football tickets shortly after Buncich's Nov. 18 indictment.
Benson states his office has been attempting to share evidence with the defense since mid-January and sent them 40 Gigabytes of evidence in a digital storage device, called a thumb drive, Feb. 15 through a private delivery service.
Benson states Truitt and Buncich had an opportunity Feb. 1 to review Buncich's campaign material in the FBI's possession and select what he needed to be copied.
Truitt, who didn't accompany Buncich, stated in his written motion to the court that "Buncich was sent away without any documents."
Benson states Buncich demanded copies of everything he saw in several boxes and filing cabinets of seized evidence and left. Benson argues the copying should be done at Buncich's expense.
Although the court has yet to rule on the evidentiary dispute, it ordered Friday afternoon a delay in the March 16 sentencing of Timothy Downs, former second-in-command under Buncich, until Sept. 20.
Benson asked for the delay, because he anticipates Buncich's trial is likely to be moved, at the defense's request, to sometime in July or August and to last approximately three weeks.
Downs pleaded guilty Dec. 16 to a fraud count, admitting he used his public office to do political fundraising for Buncich.
Benson states Downs will be called as a government witness to testify against Buncich at trial. Downs has been promised leniency, but only if he is a cooperative witness.
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