Buncich attorney: Towing 'least of the sheriff's concerns'
Post-Tribune
July 18, 2017
Attorneys for Lake County Sheriff John Buncich say that federal prosecutors' request to bar certain types of testimony could prohibit them from showing the sheriff's innocence, according to a document filed with the court.
Bryan Truitt, one of Buncich's defense attorneys, filed a motion Tuesday opposing prosecutors' request, arguing that the sheriff maintains he did nothing wrong and direct supervision over the towing program fell to former Chief Timothy Downs, who pleaded guilty in December to public corruption charges. Truitt said testimony about the sheriff's job duties and character is needed to refute allegations of corruption made by prosecutors.
"Sheriff John Buncich maintains that he has done nothing wrong. He believes that the evidence, both direct and circumstantial, will establish that contention," Truitt wrote. "He merely seeks the ability to present relevant evidence to establish his innocence."
Buncich, 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.
"It befuddles the defense that the government seeks to restrict or limit the jury evaluating this case on less than all the facts or without a full perspective and context," Truitt added. "That a body supposedly interested in the pursuit of justice (the government) would seek to restrict the jury's consideration of all facts and circumstances surrounding the conduct of a defendant, is inexplicable. The jury does not leave their common sense at the courtroom door."
The U.S. Attorney's Office does not comment on pending cases.
Judge James Moody will now have to rule on prosecutors' motion to exclude the material from the trail, though Truitt has asked the judge to hold a hearing on the matter.
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.
Assistant U.S. Attorney Philip Benson filed a motion asking a judge to preclude Buncich's defense team from introducing evidence of the sheriff's lawfulness, non-corrupt conduct or lack of a criminal history; making comments in the jury's presence about the discovery process; and a number of other topics.
Truitt said the effort to exclude the testimony and evidence ought to be taken in context with the substance of the defense's facts.
Buncich oversees a large operation at the Lake County Sheriff's Department, according to court documents, including jail operations, police personnel, the animal shelter, investigations, coordinating efforts between other law enforcement agencies and public relations. Truitt said Buncich left operations of the towing program to his deputies.
"In short, the tow operations were the least of the sheriff's concerns," Truitt wrote in his motion.
Downs pleaded to using his position at the Sheriff's Department to solicit campaign donations from tow truck operators in a scheme to give more territory to those companies in exchange for the money, according to court documents.
In court documents, Downs said he sold fundraiser tickets to tow truck operators and would meet with them to make those transactions.
"The more they bought, the better they were treated," Downs said, during a hearing on the plea agreement in December.
Truitt said the indictment only cites incidents involving Szarmach and Individual A, according to court documents, but does not mention 10 other tow operations the defense has interviewed.
Those other tow operators are anticipated to testify that it was never stated or implied that they must contribute to the sheriff's campaign for tow operations or geographic territory, Truitt said, in court documents.
"Buncich's defense, as stated throughout this response, is that he did absolutely nothing wrong," Truitt wrote. "That he accepted legitimate campaign donations but not in exchange for any official action. That he never directed Downs to do anything improper. That he never took any official action whatsoever, or threatened to do so should a tow company fail to perform in any particular way."
Truitt said the court has discretion to decide whether it's appropriate to introduce evidence and testimony, according to court documents.
"Those that are discretionary the court needs to look at relevance and possible overwhelming prejudice to the government," Truitt wrote.
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