Ex-Lake County, Ind., Sheriff John Buncich to be sentenced in January on bribery, wire fraud conviction
Post-Tribune
December 02, 2017
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-new-john-buncich-sentencing-date-st-1202-20171201-story.html
A federal judge on Friday set a new sentencing date for former Lake County Sheriff John Buncich, pushing the hearing to January.
On Thursday, Judge James Moody agreed to push back the sentencing, which was first set for Dec. 6, saying he'd reset the hearing for either later in December or January, according to court documents. Moody set the hearing at 9 a.m. Jan. 16.
Buncich, former Chief Timothy Downs and William Szarmach, of C.S.A. Towing, were named in a multicount indictment in November 2016 alleging a towing scheme where the sheriff accepted bribes in the form of thousands of dollars in cash and donations to his campaign fund, Buncich Boosters, according to court records.
A jury convicted Buncich of bribery, wire fraud and honest services wire fraud in August after 14 days of testimony.
Federal prosecutors, during closing arguments, told jurors Buncich abused his elected position to solicit bribes from tow operators, but defense attorneys say it was the FBI that paid an informant to make a crime happen.
Downs pleaded guilty in December 2016 and resigned his position at the Lake County Sheriff's Department, according to court documents. Szarmach pleaded guilty in July — a week before the trial started.
Both testified against Buncich during the trial.
Sentencings for Downs and Szarmach have not been set.
Bryan Truitt, one of Buncich's defense attorneys, on Wednesday filed a motion to push back the sentencing date citing that more time was needed to prepare since it appeared prosecuting attorneys raised new allegations in the pre-sentencing report and will present new witnesses.
"The government makes numerous new allegations against the defendant concerning possible arguments against a downward variance for the defendants," Truitt wrote in his motion. "The government alleges these were learned by it shortly before trial yet the defense has received no documentation ... involving the same."
Given the new information prosecutors plan to present, Truitt said the defense needed additional time to prepare its response and interview witnesses to rebut the claims, according to court documents.
Truitt said the deadline schedule for filings prior to a Dec. 6 sentencing would not allow for adequate review.
The U.S. Attorney's office does not comment on matters pending before the court.
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