Judge: Whittle down Fumo trial witness lists
Amid speculation that next month's federal corruption trial of state Sen. Vince Fumo could extend into 2009, a federal judge yesterday ordered prosecutors and defense attorneys to pare down their witness lists.
Amid speculation that next month's federal corruption trial of state Sen. Vince Fumo could extend into 2009, a federal judge yesterday ordered prosecutors and defense attorneys to pare down their witness lists.
Prosecutors had submitted a witness list of 168 names on Aug. 4. Lawyers for Fumo and co-defendant Ruth Arnao filed a joint witness list on Monday containing 267 names.
U.S. District Judge William H. Yohn Jr. said in his order that such extensive witness lists could prove "cumbersome" during jury selection.
Jury selection is to begin on Sept. 8.
Prosecutors and defense attorneys typically identify witnesses to potential jurors to see if they have any personal or professional relationships with, or biases toward, any witnesses.
Yohn said that the government and the defense should submit revised witness lists by Sept. 2. He said that the parties could cut back witness lists by rethinking trial strategies or stipulating to matters that wouldn't require witness testimony.
The judge also ordered the parties to identify which witnesses are being called as fact, opinion or character witnesses.
Prosecutors said in a court filing Monday that they believed that the "vast majority" of names on Fumo's witness list were character witnesses, and that it was a "grossly excessive" number. They said that Yohn had broad discretion to limit the number of character witnesses allowed the defendants.
Dennis Cogan, Fumo's attorney, was unavailable for comment.
Fumo and Arnao, a former Fumo deputy who ran the Citizens Alliance for Better Neighborhoods - a charity both are alleged to have bilked - have pleaded not guilty to conspiracy, fraud, obstruction of justice and related tax offenses.
Two other defendants in the case - former Fumo computer aides Leonard Luchko and Mark Eister - pleaded guilty this month to conspiracy and obstruction of justice, and have agreed to cooperate with the feds and to testify against Fumo. *
