03212017 - News Article - Judge: Request to compel release of Buncich's documents 'moot'

Judge: Request to compel release of Buncich's documents 'moot'
Post-Tribune
March 21, 2017
chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-property-release-st-0322-20170321-story.html

A federal judge Tuesday declined to compel authorities to release Lake County Sheriff John Buncich's documents as the two parties are already exchanging information.

Judge Paul Cherry said the argument made by Buncich's attorney, Bryan Truitt, that sought judicial intervention for federal authorities to turn over the sheriff's personal documents is moot as both parties have started to exchange information in preparation for trial.

"Because the government has produced discovery and defendant has not raised any objection to the production, the court finds that the motion is moot," Cherry wrote, in his order.

In February, Truitt filed a motion that asked for a judge's intervention to get Buncich's personal documents returned, which he also argued hampered his ability to prepare for trial.

"The delay in returning Sheriff Buncich's belongings 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 home in November, according to court documents, and Truitt said he's repeatedly asked for copies of that material to be turned over.

The U.S. Attorney's Office, in a March motion, said the government has made that material available to Buncich and his defense attorneys, even arranging meetings to accommodate their requests.

Assistant U.S. Attorney Philip Benson, in his motion, said that Buncich reportedly went to the FBI office to identify documents he wanted returned but asked for all the material and left, according to court documents.

Benson said federal authorities then sent a thumb drive holding more than 100 recordings, 200 surveillance photos, search warrant inventories, diagrams and reports and payments associated with a confidential source.

"Buncich's motion fails to accurately state the attempts the government has made to accommodate Buncich's oral request to obtain some of the seized property," Benson wrote.

The back and forth over the documents came as Buncich's attorney sought to delay the start of the sheriff's jury trial, tentatively set to start in early April.

Truitt said, in his motion, the defense team is still reviewing material provided by federal authorities but is still missing some of the documents they need.

"There is no way that the defense can be adequately prepared by April 6, 2017 to try this case," Truitt said, in the motion.

Truitt said he thinks a July or August trial date is more realistic.

A judge has yet to make a final ruling on whether the trial will get pushed back pending Buncich's defense attorneys filing a new motion to continue.

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.

Downs pleaded guilty in December.