Of 80 people considered for the jury in Lake County Sheriff John Buncich's federal bribery trial, 10 have been dismissed
NWI Times
August 07, 2017
HAMMOND — Jury selection began Monday in the public corruption trial of Lake County Sheriff John Buncich.
Assistant U.S. Attorneys Philip C. Benson and Maria N. Lerner are expected to begin presenting evidence this week that Buncich solicited and accepted about $30,000 in bribes over seven years from two towing firms removing vehicles from public roads for county police.
Defense attorneys Bryan M. Truitt and Larry W. Rogers, of Valparaiso, are expected to argue that no bribes reached the sheriff's hand. Instead, they say the sheriff delegated towing to Timothy Downs, his former chief of police, and that Buncich is now disappointed Downs failed to act honestly.
Of about 80 potential jurors being considered this morning, 10 have left the courtroom of U.S. District Court Judge Judge James T. Moody. Reporters and other observers were not allowed in the courtroom this morning, because of the high number of potential jurors who had to be accommodated, according to one of the federal bailiffs.
It is not known the number of potential jurors both prosecutors and defense attorneys are allowed to strike, that is, ask to be removed from the jury pool for specific reasons, as allowed by federal law.
Judge Moody broke for lunch after about three hours, and jury selection is expected to continue this afternoon in the federal court building in Hammond.
Buncich was present in the courtroom, as was John Bushemi, the lawyer who serves him in his position as Lake County sheriff. No other potential witnesses were seen entering the courtroom this morning, including Downs, William "Willie" Szarmach, of Hobart and former owner of CSA Towing in Lake Station, and Scott Jurgensen, owner of Samson’s Towing, of Merrillville.
Moody late last week 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, 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 complained the last-minute filing of transcripts gave 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 would prove so at trial.
Truitt said in pretrial court documents the improper activity the government is alleging was confined to Downs, Szarmach and Jurgensen.
"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 a few weeks ago 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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