Day 3 of Buncich trial: Jurors see tape of sheriff handling cash feds claim was bribe money
NWI Times
August 09, 2017
HAMMOND — Federal jurors saw a video tape Wednesday of Lake County Sheriff John Buncich handling $7,500 in what the government claims is bribe money.
In the tape, Buncich is seen putting the money in his desk drawer.
Government prosecutors in U.S. District Court presented more than seven hours of surveillance recordings to bolster their corruption case against Buncich during the third day of the trial.
Bryan C. Truitt, of the sheriff's defense team, told U.S. District Court Judge James T. Moody he wants the judge to instruct jurors that they could decide the money was legitimate political fundraising.
FBI Special Agent Nathan Holbrook testified the money changed hands in apparent violation of Lake County government's prohibition of conducting political activity on county time.
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 cash and campaign contributions.
The jury heard and saw audio and video recordings of conversations in 2014 and 2015 on various dates among Timothy Downs, Buncich's former second-in-command; Scott Jurgensen, a retired Merrillville police officer and owner of Samson's Towing in Merrillville; and William "Willie" Szarmach, of Hobart, former owner of CSA Towing in Lake Station.
The courtroom audience had trouble clearly hearing the dialogue, but jurors were provided a written transcript of the dialogue. Some video was also of poor quality, and the hidden camera sometimes was pointed too high to see faces.
However, the video of Downs delivering the money was of a much clearer quality.
Downs was charged along with Buncich last November and it was soon disclosed he had been cooperating with government prosecutors and wearing a wire since June of 2015. He has pleaded guilty and agreed to testify he did political fundraising among the tow truck owners under Buncich's orders.
Downs was wearing video and audio recording devices that showed him walking into the Lake County Sheriff's Department and through its corridors right into the sheriff's office.
Assistant U.S. Attorney Philip C. Benson replayed the tape a second time and used its freeze-frame function to give jurors a better view of Downs' hand putting the $7,500 in cash on the sheriff's desk, and then the sheriff picking it up and sliding it into his desk drawer.
The sheriff is heard complaining about an unrelated matter, but makes no comment on the money he received. Downs testified he routinely brought money there.
Jurors also heard conversations between Jurgensen, who also was wearing a government wire, and Szarmach discussing a proposal to meet with Gary Mayor Karen Freeman-Wilson to obtain towing in her city. Jurgensen said he would arrange such a meeting.
Holbrook said the mayor eventually did meet with Jurgensen and John Cortina, owner of Kustom Auto Body of Portage, but reached no towing agreement.
Cortina and Portage Mayor James Snyder are pleading not guilty to federal bribery allegations that Snyder received two checks totaling $12,000 from Cortina, in exchange for a towing contract in the city of Portage.
Szarmach pleaded guilty several days ago to bribing Buncich for contracts for towing work. Jurgensen was recruited early in the investigation to work undercover for the FBI.
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