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Former state Sen. Vincent Fumo is scheduled to be released from federal prison Aug. 26, 2013. Meanwhile, his lawyers are actively trying to get him a new trial while Citizens Alliance for Better Neighborhoods’ former head accepted her conviction.
In court documents filed Friday, Fumo’s lawyers disputed the U.S. Attorney’s Office’s claims that Fumo’s 55-month sentence was too lenient, and fought that Fumo, who was convicted of 137 counts of defrauding the state Senate, Citizens Alliance and the Independent Seaport Museum, did not get a fair trial noting mainly the jury’s use of social media and access to the media.
“Despite complaining at length that the sentence was too lenient, the government does not claim this sentence was substantively unreasonable, or that the magnitude of the downward departure was excessive. … If the convictions are not reversed, the sentence must be affirmed,” his lawyers wrote.
According to the cross-appeal, Fumo was denied an impartial trial when one juror had discussed the trial with others, thus learning of his previous prosecution and the conviction of John Carter, museum president, which Fumo was accused of wrongdoing, and another juror had leaked information about the trial via his Facebook status.
“Given the extensive media coverage and public atmosphere surrounding the trial, the defense had repeatedly raised concerns that there was a substantial risk that incidents such as these could occur and that the jury would be exposed to extraneous influences through the media and third-parties,” the lawyer said noting the courts disregard in questioning the jurors about these incidents.
While Fumo remains in an Ashland, Ky. prison, Arnao, the former executive director of Citizens Alliance, was released from prison July 14. Arnao filed a cross-appeal against the U.S. Attorney’s Office, which appealed her sentence as well, but she withdrew it last month.
“I know with all of my heart and soul what I am guilty of doing,” she said according to the affidavit. “No decision that the appeal court could give would ever be able to change the way I feel. I also understand that withdrawal makes my conviction final and forever; this is something that I will have to live with for the rest of my life.” SPR
Contact Managing Editor Amanda L. Snyder at asnyder@southphillyreview.com or ext. 117.
Also in this week’s Police Report:
Gamble doesn’t pay off
Safe stripped bare
Teen knocked out
Property damaged
Sneak attack
FBI seeking bank robber
Meeting wrap-up
Roadway advice
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