Attorney: Buncich sentence of 15-20 years 'outrageous'
Post-Tribune
January 10, 2018
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-defense-sentencing-recommendation-st-0111-20180110-story.html
Attorneys for convicted former Lake County Sheriff John Buncich rejected a federal prosecutor's argument for a 15- to 20-year sentencing, instead asking for a maximum of 4.25 years, according to court documents filed Wednesday.
Defense attorney Bryan Truitt filed a sentencing memorandum on behalf of Buncich, 72, according to court documents, and argued that the prison term proposed by assistant U.S. Attorney Philip Benson was too severe.
"The sentence requested by the government is outrageous in its length and severity," Truitt wrote.
Truitt said based on Buncich's age, a 60-month proposed sentence would represent almost half of the former sheriff's anticipated remaining life.
Truitt said Social Security actuarial tables put Buncich at a life expectancy of another 13 years, according to court documents.
"A sentence that the government argues for, based on its calculation of the guidelines, in this case would be a life sentence," Truitt wrote.
Benson, in a sentence memorandum filed Sunday, argued a higher sentence is warranted because of the nature of Buncich's offenses and raised other issues that should affect the length of a prison term.
"The damage caused by Buncich's conscience (sic) disregard and abandonment of the trust placed in him by the citizens of Lake County is severe and so should be his sentence," Benson wrote.
The U.S. attorney's office does not comment on matters pending before the court.
Truitt, in the sentencing memorandum, said the former sheriff maintains his innocence.
"Buncich recognizes and appreciates that for the purposes of sentencing the court must accept the verdicts of the jury," Truitt wrote. "At the same time, he adamantly and resolutely maintains his innocence. Buncich will speak further at sentencing, but he knows in his heart that he did not sell his office or defraud the citizens of Lake County."
A jury convicted Buncich of bribery, wire fraud and honest services wire fraud in August after 14 days of testimony.
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 in which 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.
Downs pleaded guilty in December 2016, according to court documents, and Szarmach pleaded guilty in July 2017. Both agreed to testify against Buncich during his August trial.
"Not once did he (Buncich) ever ask for money," Truitt wrote. "Timothy Downs, acting on behalf of the campaign, sold fundraising tickets, but there is nothing illegal or unusual about that. Jurgenson and Szarmach were foisting money unto Buncich."
Buncich never sought anything from the tow operators, Truitt said in court filings, and the former sheriff was not involved in any "scheming conversations." Truitt said Buncich was doing legitimate campaign fundraising.
"Buncich is simply guilty of what every politician is guilty of," Truitt wrote.
Truitt said a 15- to 20-year sentence would be extreme and other Lake County politicians convicted on corruption charges have had more lenient prison terms.
•Jewell Harris Sr., was sentenced to six years for double billing Gary for $1.5 million.
•Former East Chicago Mayor George Pabey was sentenced to five years for taking $14,000 from the city.
•Former Calumet Township Trustee Dozier Allen was sentenced to 18 months for stealing $143,000 from the township.
•Former East Chicago Controller Edwaurdo Maldonado was sentenced to more than eight years for stealing $25 million from the city.
•Robert Cantrell was sentenced to six and one half years for stealing $68,000 from North Township, tax fraud and insurance fraud.
•Former County Clerk and Coroner Thomas Philpot was sentenced to 18 months for stealing from the county.
•Roosevelt Powell, a Gary-based consultant, was sentenced to three years and one month for $207,000 in fraud.
•Former Lake Station Mayor Keith Soderquist was sentenced to four years for theft.
Benson, in his sentencing memorandum, said Buncich posed a flight risk based on the severity of the sentence and that his law enforcement training could realistically make it easy for him to flee undetected.
Benson asked the judge to immediately remand Buncich into custody at his Jan. 16 sentencing hearing.
Buncich, through Facebook, has been in contact with Frank Kollintzas, who fled to Greece and is still wanted by federal authorities, both prior to and after the former sheriff's conviction, according to court documents.
Kollintzas, a former East Chicago city councilman, was indicted in 2003 as a part of the "sidewalks for votes" scandal. The night before his 2005 sentencing Kollintzas fled to Greece and was later sentenced in abstentia.
"Buncich is not comparable to Frank Kollintzas," Truitt said.
Kollintzas had dual citizenship with Greece, Truitt said, but Buncich only has his American citizenship. Truitt said Buncich lacks the assets to flee and his law enforcement training would not enable him to escape detection.
"It is nearly impossible to hide oneself in today's world of ATMs, EasyPasses, cellphones, GPS … etc," Truitt said.
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