Judge declines to postpone Lake County sheriff's trial
Jury selection is set to begin early Monday
NWI Times
Aug 4, 2017
HAMMOND — A federal judge is refusing to delay the trial of Lake County Sheriff John Buncich.
U.S. District Court Judge James T. Moody denied a suggestion by the sheriff's defense lawyer to pick a jury Monday, but delay the start of presenting evidence to either Aug. 14 or Aug. 21.
Buncich is pleading not guilty to six counts of wire fraud and bribery alleging he corruptly used his authority over towing contracts to enrich himself by soliciting and accepting $34,500 in cash and campaign contributions.
Court documents state the government's evidence includes video and audio surveillance.
Buncich's attorney, Bryan Truitt, argued in a motion, made public Thursday, that the government waited until earlier this week to turn over to the defense more than 1,000 pages of transcripts of dialogue from "multiple dozens of hours of tapes."
Truitt complains the last-minute filing of transcripts gives him little time to respond to the new information.
Moody issued an order Friday stating he was denying any one- or two-week continuance, or Truitt's other suggestion for short "continuances from time to time."
Moody stated, "Defendant is cautioned that requests to delay trial will be highly disfavored and, absent extraordinary circumstances, such requests will be denied."
Truitt responded late Thursday to reports that Buncich might resign or plead guilty by telling The Times his client has done nothing wrong and they will prove so at trial.
Truitt said in pretrial court documents the improper activity the government is alleging was confined to Buncich's police chief and second-in-command Timothy Downs, William "Willie" Szarmach, of Hobart and former owner of CSA Towing in Lake Station, and another government witness, Scott Jurgensen, owner of Samson’s Towing, of Merrillville.
"Sheriff John Buncich maintains he has done nothing wrong. There is little to no direct evidence or a smoking gun," Truitt said in court records.
Downs was charged along with Buncich last November and soon disclosed he was already cooperating with government prosecutors. He has pleaded guilty and will testify he did political fundraising among the tow-truck owners under Buncich's orders.
Szarmach pleaded guilty earlier this week to bribing the sheriff for contracts for towing work and said he will testify for the government as well. The U.S. attorney's office has said Jurgensen deserves credit for uncovering public corruption.
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