Lake County sheriff's attorney: Publicity requires stronger jury screening
Post-Tribune
June 30, 2017
chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-motions-publicity-st-0701-20170701-story.html
Attorneys for Lake County Sheriff John Buncich have asked a federal judge to use a more stringent jury screening process, citing extensive publicity about his public corruption case and remarks by Hammond Mayor Thomas McDermott Jr.
Attorney Bryan Truitt, one of Buncich's defense attorneys, filed a series of pretrial motions Thursday, including two that specifically asked the court for a stronger vetting process for potential jurors. In court filings, Truitt said an extra level of screening is needed because of the media publicity of the case and that comments made by McDermott could taint the jury pool.
"The publicity has been both good and bad for both sides in that the defendant is the sheriff with over 60 percent of the vote and was the head of the Lake County Democratic Party, yet has been the victim (of) an endless negative campaign by the Northwest Indiana Times and Hammond Mayor Thomas McDermott," Truitt's motion read.
McDermott, who has a show on WJOB-1230 in Hammond every Friday, has addressed Buncich's legal troubles on the air.
"I have First Amendment rights and I will exercise them" McDermott said, during an interview with the Post-Tribune.
McDermott said Buncich chose to remain sheriff after the charges were filed but could have stepped aside. As citizens, people have a right to criticize public officials, the mayor said.
"As long as he's there, I think it's fair game for criticism," McDermott said.
The Hammond mayor said he personally feels bad for Buncich's situation and wouldn't wish it on anybody. But, McDermott said, Buncich chose to remain in public office.
"I speak my mind. Everybody knows that," McDermott said.
A representative from The Times declined comment.
Buncich, former Chief of Police Timothy Downs and William Szarmach, of C.S.A. Towing in Lake Station, were named in a multicount indictment in November 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.
Downs pleaded guilty in December and resigned his position at the Lake County Sheriff's Department, according to court documents.
Buncich and Szarmach pleaded not guilty to the charges after the indictments were filed in November and again in April when additional counts of wire fraud were filed with the court.
The sheriff has insisted on his innocence, distributing and publishing a statement in April refuting allegations made by federal prosecutors.
The motions asked for both a detailed questionnaire and the ability for attorneys to question individual jurors during the selection process.
Truitt said, in a motion, the sheriff received 67 percent of the popular vote in 2014, according to court documents, and was the head of the county Democratic committee until March 2017.
"The defendant has many political allies, as well as political enemies," Truitt's motion read. "That as to his enemies, the mayor of Hammond, who for what unknown and inexplicable reasons, enjoys certain support, has taken it upon himself to use his weekly radio show to try to convict the defendant without a trial based in innuendo and absence of fact."
Truitt, in the motion, listed factors that could potentially taint the jury pool, including prior prosecution of Lake County politicians; the sheriff's good works; and widespread media coverage.
"Local media has shown no hesitation to be partisan and express opinions as to the defendant's guilt, rather than simply reporting the facts," Truitt's motion read.
Truitt said both the defense and federal prosecutors support more detailed jury screening as they both thought jurors could more easily be eliminated for cause, according to court documents.
"In addition, it held a better opportunity for avoiding a potential juror from elaborating their feelings and poisoning the remainder of the jury pool," the motion read.
Truitt, during a status conference on June 20, asked Judge James Moody to use an extensive jury questionnaire to screen potential candidates, but Moody did not seem inclined to go along with the request.
"We're just going to use the same jury questionnaire we always use," Moody said, during that hearing.
The motion argued that a stronger questionnaire would benefit the defense, prosecution and court by sitting an impartial jury.
A second motion related to the jury selection process would give both the defense and prosecution an opportunity to question prospective jurors, according to court documents, and that using the same screening process would be "insufficient to give competence of an impartial jury for either side of the case."
"The court's current proposed procedure would not allow for appropriate follow-up questions given whatever the prospective juror's answers," Truitt's motion read.
Aside from requests to ensure the court can sit an impartial jury, Truitt also filed requests seeking more information from federal prosecutors to prepare for the August trial.
The first request related to cooperating witnesses involved in the case, according to court documents.
"The defense has good reason to believe that one, if not both, cooperating witnesses were compelled to cooperate based on the impending threat of prosecution, which in turn encouraged their compliance and cooperation," Truitt's motion read.
Truitt said no information on any investigation or prosecution has been turned over to defense attorneys.
"In the discovery provided to the defense, nondescript information has been disclosed that cooperating witnesses have been provided upwards of $120,000 to perform as confidential witnesses and provided other monies for campaign contributions by the government," Truitt's motion read. "However, the exact payees are not listed, nor are the cooperating witnesses' tax returns included, or other inducements for their cooperation."
Truitt said, in the motion, information on those witnesses is material the government must provide the defense.
The U.S. Attorney's Office does not comment on pending cases.
The final request asked the court to compel the government to notify defense attorneys if it plans to introduce evidence of bad character, according to court documents.
Post-Tribune
June 30, 2017
chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-motions-publicity-st-0701-20170701-story.html
Attorneys for Lake County Sheriff John Buncich have asked a federal judge to use a more stringent jury screening process, citing extensive publicity about his public corruption case and remarks by Hammond Mayor Thomas McDermott Jr.
Attorney Bryan Truitt, one of Buncich's defense attorneys, filed a series of pretrial motions Thursday, including two that specifically asked the court for a stronger vetting process for potential jurors. In court filings, Truitt said an extra level of screening is needed because of the media publicity of the case and that comments made by McDermott could taint the jury pool.
"The publicity has been both good and bad for both sides in that the defendant is the sheriff with over 60 percent of the vote and was the head of the Lake County Democratic Party, yet has been the victim (of) an endless negative campaign by the Northwest Indiana Times and Hammond Mayor Thomas McDermott," Truitt's motion read.
McDermott, who has a show on WJOB-1230 in Hammond every Friday, has addressed Buncich's legal troubles on the air.
"I have First Amendment rights and I will exercise them" McDermott said, during an interview with the Post-Tribune.
McDermott said Buncich chose to remain sheriff after the charges were filed but could have stepped aside. As citizens, people have a right to criticize public officials, the mayor said.
"As long as he's there, I think it's fair game for criticism," McDermott said.
The Hammond mayor said he personally feels bad for Buncich's situation and wouldn't wish it on anybody. But, McDermott said, Buncich chose to remain in public office.
"I speak my mind. Everybody knows that," McDermott said.
A representative from The Times declined comment.
Buncich, former Chief of Police Timothy Downs and William Szarmach, of C.S.A. Towing in Lake Station, were named in a multicount indictment in November 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.
Downs pleaded guilty in December and resigned his position at the Lake County Sheriff's Department, according to court documents.
Buncich and Szarmach pleaded not guilty to the charges after the indictments were filed in November and again in April when additional counts of wire fraud were filed with the court.
The sheriff has insisted on his innocence, distributing and publishing a statement in April refuting allegations made by federal prosecutors.
The motions asked for both a detailed questionnaire and the ability for attorneys to question individual jurors during the selection process.
Truitt said, in a motion, the sheriff received 67 percent of the popular vote in 2014, according to court documents, and was the head of the county Democratic committee until March 2017.
"The defendant has many political allies, as well as political enemies," Truitt's motion read. "That as to his enemies, the mayor of Hammond, who for what unknown and inexplicable reasons, enjoys certain support, has taken it upon himself to use his weekly radio show to try to convict the defendant without a trial based in innuendo and absence of fact."
Truitt, in the motion, listed factors that could potentially taint the jury pool, including prior prosecution of Lake County politicians; the sheriff's good works; and widespread media coverage.
"Local media has shown no hesitation to be partisan and express opinions as to the defendant's guilt, rather than simply reporting the facts," Truitt's motion read.
Truitt said both the defense and federal prosecutors support more detailed jury screening as they both thought jurors could more easily be eliminated for cause, according to court documents.
"In addition, it held a better opportunity for avoiding a potential juror from elaborating their feelings and poisoning the remainder of the jury pool," the motion read.
Truitt, during a status conference on June 20, asked Judge James Moody to use an extensive jury questionnaire to screen potential candidates, but Moody did not seem inclined to go along with the request.
"We're just going to use the same jury questionnaire we always use," Moody said, during that hearing.
The motion argued that a stronger questionnaire would benefit the defense, prosecution and court by sitting an impartial jury.
A second motion related to the jury selection process would give both the defense and prosecution an opportunity to question prospective jurors, according to court documents, and that using the same screening process would be "insufficient to give competence of an impartial jury for either side of the case."
"The court's current proposed procedure would not allow for appropriate follow-up questions given whatever the prospective juror's answers," Truitt's motion read.
Aside from requests to ensure the court can sit an impartial jury, Truitt also filed requests seeking more information from federal prosecutors to prepare for the August trial.
The first request related to cooperating witnesses involved in the case, according to court documents.
"The defense has good reason to believe that one, if not both, cooperating witnesses were compelled to cooperate based on the impending threat of prosecution, which in turn encouraged their compliance and cooperation," Truitt's motion read.
Truitt said no information on any investigation or prosecution has been turned over to defense attorneys.
"In the discovery provided to the defense, nondescript information has been disclosed that cooperating witnesses have been provided upwards of $120,000 to perform as confidential witnesses and provided other monies for campaign contributions by the government," Truitt's motion read. "However, the exact payees are not listed, nor are the cooperating witnesses' tax returns included, or other inducements for their cooperation."
Truitt said, in the motion, information on those witnesses is material the government must provide the defense.
The U.S. Attorney's Office does not comment on pending cases.
The final request asked the court to compel the government to notify defense attorneys if it plans to introduce evidence of bad character, according to court documents.
