08252017 - News Article - Defense will 'absolutely' appeal Sheriff Buncich's conviction, attorney says

Defense will 'absolutely' appeal Sheriff Buncich's conviction, attorney says
POST-TRIBUNE NEWS
August 25, 2017
chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-appeal-plan-st-0826-20170825-story.html
An attorney for former Lake County Sheriff John Buncich said the defense will "absolutely" appeal his public corruption conviction.

"We do think that there are plenty of reasons or issues to appeal," said Bryan Truitt, one of Buncich's defense attorneys.

A 12-person jury found Buncich guilty Thursday on the six counts he faced, including wire fraud and honest services wire fraud and bribery, after just over five hours of deliberating.

Truitt plans to file an appeal after Buncich is sentenced Dec. 6, he said, but he did not want to get into specifics of what he will argue in the appeal until he does further research.

Federal Judge James Moody said there will be no delays of the December hearing, except under extenuating circumstances. Until then, Buncich, 71, remains free on bond.

Buncich forfeited his office as the county's top law enforcement officer once the jury rendered a verdict, as outlined in state law, said James Wieser, chairman of the Lake County Democratic Central Committee.

A caucus is scheduled for Sept. 16 at the Lake County Government Center in Crown Point for the county's Democratic precinct committeemen to select a new sheriff to hold the office until elections next year, Wieser confirmed.

In the meantime, Lake County Chief of Police Dennis Matthew Eaton will run daily operations at the department, according to a Sheriff's Department release.

"He's a respected career law enforcement officer," Michael Repay, president of the Lake County Board of Commissioners, said Thursday of Eaton. "Eaton will carry the ball until the caucus."

The Sheriff's Department said in a statement Friday morning that the department "is working closely with the Lake County Board of Commissioners and the Lake County Council to ensure a smooth transition to new leadership."

"The citizens of Lake County can be assured that the core functions of the Lake County Sheriff's Department will continue without interruption and public safety will remain our highest priority," the release said.

Buncich insisted on his innocence throughout his two-and-a-half week trial, even taking the stand in his own defense for three of the days.

Truitt said he and his co-counsel, Larry Rogers, have been practicing law for a long time but neither has been so firmly convinced of their client's innocence as they were with Buncich.

"Mr. Buncich holds his head up high knowing that the truth is that he didn't do anything wrong, that he is a good man and proud of his service to Lake County," Truitt said in front of the federal courthouse in Hammond after the verdict.

Buncich did not make a statement after the verdict.

Acting U.S. Clifford Johnson said in a statement Thursday that his office "will continue to vigorously prosecute public officials who use their public office as means for personal enrichment."

"All citizens deserve public officials who work for the public interest and not their own interest," the statement says.

At sentencing, the defense expects Buncich will be sentenced to some term of imprisonment, but the exact amount is up to the judge, Truitt said Friday.

"In this case, I would be shocked if he was anything the lowest security classification," Truitt said.

Truitt said they plan to ask the judge to allow Buncich to self-report to prison, rather than being immediately taken into custody at the hearing, "which is not uncommon in these types of situations."

The defense will also "certainly" ask that Buncich "remain free pending the appeal on his bond conditions," Truitt said. While Truitt said "that's a little more rare," it's also "not unheard of" while on appeal.

Former Lake County Coroner Thomas Philpot was convicted in 2012, in Moody's courtroom, of paying himself from a state fund when he did not have the authorization to do so, made a similar request. While Philpot ended up reporting early to prison, the 7th Circuit U.S. Court of Appeals denied his appeal in 2013.