Prosecutors May Appeal Fumo's Sentence

PHILADELPHIA - After months of collecting evidence against former state Sen. Vince Fumo and a 22-week trial, prosecutors wanted a sentence of more than 15 years.

Full Report: Fumo Sentenced To 55 Months In Prison

Video: Meehan: Verdict Sends Unclear Message

Blog: Sound Off On Vince Fumo's Sentence

Fumo's side wanted something shorter than 11 to 14 years.

And the judge gave him less than five years on Tuesday.

So, how are the prosecutors feeling about the 55-month sentence? Assistant U.S. Attorneys John Pease and Robert A. Zauzmer joined "Good Day" to talk about the fallout from the case Wednesday morning.

"I think we're both disappointed in the result. We argued for more than 15 years. We felt that was an appropriate sentence. But ultimately it's up to the judge to decide what he believes is the fair sentence," Pease said.

"But I think you have to step back for a moment and look at the overall result," he continued. "And I think we're very pleased, overall, with the way the case went. We convicted him on every count, he's going to prison for at least four years, and he's lost his position of power and leadership. And I think the case still sends an important message that corruption isn't going to be tolerated, regardless of our disappointment with the sentence."

Asked to compare Fumo's sentence to former city Treasurer Corey Kemp getting 10 years or Councilman Rick Mariano getting 6 1/2 years, Zauzmer said, "It doesn't send a sufficient message, at least in this case as to this sentence.

"However," Zauzmer added, "if you look overall at the cases that you're looking … overall we hope people get a very clear message, which is that we are going to prosecute public corruption, that judges do take public corruption very seriously, as do juries, and you're very likely to receive the types of sentences you're talking about, yesterday's sentence not withstanding."

Do they think it was the letters to the judge from people in positions of power, like Gov. Ed Rendell, or Fumo's good behavior that swayed the judge to give him a lighter sentence?

Pease noted that the judge himself said he was influenced by the letters.

"From a legal analysis, we're studying very closely this decision, and we'll make a decision whether or not we feel an appeal is appropriate," Pease said.

Zauzmer said winning such an appeal because, "The law gives discretion to judges to impose sentence, and an appellate court will ordinarily defer to a district judge."

He added, "What we have to evaluate is – it's not an easy decision – is this case so outside the norm that it is that case where an appeal is appropriate, where appellate judges may overturn it. But certainly the standard of review favors the imposition of the sentence,"

Fumo's team get first crack at appealing his conviction and sentence over the next 10 days.

Then, the prosecution can decide whether to appeal, and Zauzmer said, "And we're going to consider it."

Fumo has more than a month to digest his prison sentence while sitting at home. The 66-year-old does not have to report to prison to serve his sentence until August 31.

Pease said that delay wasn't all that surprising.

"We asked that he be remanded after his conviction, and the judge disagreed," Pease said. "So, we weren't that surprised with the decision that he be allowed to self-report. It's not that unusual. Many other white-collar criminals are afforded the same opportunity."