Monday, April 3, 2017

04032017 - News Article - Federal judge pushes Lake sheriff's trial to August



Federal judge pushes Lake sheriff's trial to August
Post-Tribune
April 03, 2017
A federal judge on Monday delayed Lake County Sheriff John Buncich's trial until August, agreeing that attorneys need more time to prepare.

Judge Paul Cherry agreed to delay the trial, which had previously been set to start in April, after Buncich's defense team said it is still combing through material provided by federal authorities. Attorney Bryan Truitt asked a judge to delay the trial because a review of the large amount of information needed to prepare Buncich's defense will not be done in time for an April start.

"Find that the ends of justice served by granting such a continuance outweigh the best interest of the public and the defendant in a speedy trial, in that a failure to grant such a continuance would unreasonably deny defendant the reasonable assistance of counsel and time necessary for effective preparation for trial and for preparation of pretrial motions, and taking into account the exercise of due diligence," Cherry wrote, in his order.

Truitt wrote in his request that federal prosecutors and attorneys for co-defendant William Szarmach, of CSA Towing, did not object to delaying a trial.

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.

"That 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.

Buncich's attorney sparred with federal prosecutors in a series of court motions about perceived difficulty getting documents and information seized from the sheriff in November.

Truitt said that discovery is still in progress but arrangements are being made to get the sheriff's property from federal authorities.

Buncich, former Chief of Police Timothy Downs and Szarmach were named in November 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 and is tentatively set to be sentenced in September.

Cherry noted in his order that any plea agreement must be submitted to the court in writing five days before a trial is set to start.

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