Tuesday, June 20, 2017

06202017 - News Article - Attorney: Indicted tow operator plea deal a 'strong possibility'





Attorney: Indicted tow operator plea deal a 'strong possibility'
Post-Tribune
June 20, 2017
The public corruption trial of the Lake County sheriff and a tow operator is in line to start in August, according to attorneys, but there could be one fewer defendant, one attorney said Tuesday.

Federal Judge James Moody called attorneys for Sheriff John Buncich, William Szarmach, of C.S.A. Towing in Lake Station, and the U.S. Attorney's Office to court for a status conference on the corruption trial, which is set to begin Aug. 7. Szarmach's attorney, Daniel Purdom, said it's possible his client and prosecutors could reach a plea agreement, leaving only Buncich to stand trial.

"It's a strong possibility," Purdom said. "We're working with the government. I don't believe we will be here for trial."

Assistant U.S. Attorney Philip Benson said attorneys for Szarmach and the government could file a plea within the next 14 days.

Buncich, former Chief of Police Timothy Downs and Szarmach 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.

Benson said he thinks it will take close to a week for prosecutors to make their case and present evidence to jurors.

"There's a substantial amount of recordings, your honor," Benson said.

Truitt said he'd estimate it would take close to a week to present the defense.

Attorneys asked Moody to consider starting with a jury pool of 75 to 100 people given that it's a significant case.

Bryan Truitt, one of Buncich's defense attorneys, said because of the publicity around the case, he thought the court should use a more detailed jury questionnaire.

"We're just going to use the same jury questionnaire we always use," Moody said.

Moody asked if either the defense or prosecution planned to file any motions to move the trial date.

"That would be a fruitless motion on your part," Moody said.

Benson said he did not plan to file a motion to continue.

"There shouldn't be any reason we're not ready to go on that day," Benson said.

Truitt also said he didn't intend to file to move to continue the trial.

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