08202017 - News Article - After 2 weeks, jurors have 2 narratives to ponder in Lake County Sheriff John Buncich corruption trial

After 2 weeks, jurors have 2 narratives to ponder in Lake County Sheriff John Buncich corruption trial
NWI Times
Aug 20, 2017
nwitimes.com/news/local/crime-and-courts/after-weeks-jurors-have-narratives-to-ponder-in-lake-county/article_edc9688e-4f95-5825-8d51-233859a896e6.html
HAMMOND — Jurors in the public corruption trial of Lake County Sheriff John Buncich now have two narratives on which to base their eventual verdict.

Assistant U.S. Attorney Philip Benson presented the jury with six days of testimony as well as video and photographic evidence to bolster the government's case that Buncich used his campaign fundraising as cover for a scheme to solicit kickbacks from towing firms doing business with county police.

Buncich and his defense team of Bryan Truitt and Larry Rogers, both of Valparaiso, gave the other side of the story.

Buncich took the witness stand early Thursday to deny all wrongdoing and to accuse the FBI and government informants and witnesses of setting him up.

Buncich said it costs about $200,000 to run for sheriff. He conducted successful campaigns in 1994 and 1998 before he had to step down because of term limits. He ran in 2006 but lost to former Sheriff Roy Dominguez, but then won again in 2010 and 2014.

Buncich, who is pleading not guilty to six counts of wire fraud and bribery alleging he used his authority over towing contracts to enrich himself and his campaign, is denying all wrongdoing.

During his testimony Thursday morning, Buncich said he never required tow companies or their owners to pay him to get on the tow list, and he never required them to buy his campaign fundraising tickets.

On Friday, Benson cross-examined Buncich in exchanges that shifted in mood over the course of six hours from impassioned, to cordial, to mockery of each other.

Buncich responded, "Absolutely not," when Benson asked him if he was accepting bribe money from tow truck owners.

Buncich was particularly incensed about an accusation he reached into William "Willie" Szarmach's tow truck April 22, 2016, and grabbed envelopes stuffed with thousands in cash off the driver's seat left by Szarmach.

"I did not get into his truck. I don't go into tow trucks," Buncich said.

Benson replayed an FBI surveillance video of the moment. Benson said, "Aren't you leaning into the truck. Aren't you bending over to take the money?"

Buncich replied, "I'm looking inside like, 'Wow,' like I care about a new truck."

Last week, Benson played a video of Timothy Downs, the sheriff's police chief and second-in-command, delivering $7,500 in campaign contributions to the sheriff's office, putting it on the sheriff's desk and Buncich shoving it into a desk drawer.

Downs was arrested in November along with Buncich and became a cooperating FBI witness and wore recording devices after having been caught collecting political donations on county government time.

The sheriff said Thursday Downs had never brought him a stack of cash like that before, but he had nothing to hide. He said the door wasn't closed and his deputy warden was in the office when Downs left the money.

Truitt argued earlier the money drops were orchestrated by the FBI. "The FBI tried to buy a crime where one didn't exist," Truitt said early on in the trial.

Joseph Hamer, an internal affairs investigator for the sheriff's department, testified he has become friends with the sheriff, who he believes has a reputation for being honest and law-abiding. "He is someone I've (idolized) for many years," Hamer said.

Gary Mayor Karen Freeman-Wilson testified Tuesday morning she and the sheriff agreed to have the sheriff deploy county police officers to assist the understaffed Gary Police Department in reducing crime in the city, which included county officers towing abandoned vehicles.

The defense also called two character witnesses Tuesday. The first was Darryl Dean Robinson, a mental health counselor who works with jail inmates. Robinson, who stated he is blind, said he believes the sheriff has a reputation for truthfulness. "He never lied to me," Robinson said.

The second character witness, Sister Maria Giuseppe, Carmelite Home administrator, also testified on behalf of the sheriff. "He has a very good reputation. He is a person of integrity," she said.