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In a two-day resentencing hearing, a former politician returned to Philadelphia for the first time since August 2009 as his sentence was extended.
Former state Sen. Vincent Fumo was before U.S. District Judge Ronald L. Buckwalter again Nov. 9 and 10 after an U.S. Court of Appeals Third Circuit panel ruled the judge erred in calculating a final guidelines range, which he admitted to during the hearing.
“Quite frankly, I goofed on the guidelines,” he said. “I readily admit it. I’m sorry that I did.”
Fumo was convicted of defrauding the state senate, Citizens Alliance for Better Neighborhoods — which relaunched as Passyunk Avenue Revitalization Corp. in January after about a two-year hiatus due to litigation and a lack of funds — and the Independence Seaport Museum, 211 S. Columbus Boulevard, in March ’09. In the courtroom, he reminded the judge of his good deeds including his work with Citizens Alliance.
“It is not a broken down institution that is in shambles, your honor. Go along [East] Passyunk Avenue and see what we did,” he said calling the organization, “probably the most viable nonprofit in the city of Philadelphia.” “Whether [the prosecutors] like it or not, your honor, that’s a legacy. It didn’t exist but for me.”
The sentencing guidelines called for about 17 to 23 years, but Buckwalter felt the U.S. Attorney’s Office overcharged Fumo.
“I think you did but I don’t think it matters,” the judge said to U.S. Assistant Attorney John Pease when he denied overcharging. “I don’t think it matters in determining my sentence.”
Pease used personal e-mails Fumo sent from prison to show his lack of remorse, noting he had called the jury “corrupt, dumb and prejudice,” Pease said.
“He’s still a manipulator,” Pease said. “He has no credibility. … Before this sentencing, he bragged in his e-mails he would dress like the Unibomber and come into court and look terrible, so he could get sympathy.”
Fumo’s lawyers claimed the government was trying to ensure their client dies in prison.
“In this case that does not involve bribery, extortion or selling of one’s office, the government continues to press for a sentence that they know substantially raises the odds that Vince Fumo leaves prison only in a coffin,” defense attorney Dennis Cogan said. “That’s how serious they think this case is.”
Buckwalter did not understand how Fumo did not see what he did as wrong, but agreed his actions did not involve bribery or extortion.
In addition to restitution in the amounts of more than $2.5 million, $783,254 and $135,000 to the senate, nonprofit and museum, respectively, Buckwalter sentenced Fumo to 61 months — six more than his previous sentence. He was previously scheduled to be released Aug. 26, 2013. He will also be on supervised release for three years and required to partake in 10 hours of community service each week for a year.
“I think that’s necessary to make sure you are the type of person that helps the community and that will be a special condition of your supervised release,” Buckwalter said.
Contact Managing Editor Amanda L. Snyder at asnyder@southphillyreview.com or ext. 117.
Also in this week’s Police Report:
Authorities locate Chestnut
Birthday party blast
Shot behind the wheel
Bullets to the head
Bank robber sought
Overnight break-in
Police meetings 11/17-11
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