Judge's illness further delays Fumo trial
The federal corruption trial of state Sen. Vince Fumo and longtime aide Ruth Arnao has been delayed again because of the trial judge's illness.
The federal corruption trial of state Sen. Vince Fumo and longtime aide Ruth Arnao has been delayed again because of the trial judge's illness.
During a conference call yesterday, U.S. District Judge William H. Yohn Jr. informed prosecutors and defense lawyers that he was not feeling any better and requested a further delay.
The judge has been suffering from flulike or virus-type symptoms, which prompted cancellation of this week's proceedings.
An aide to Yohn said yesterday that it "appears that the case is going to be put off for at least a month," although he said that an actual date has not yet been set by the judge.
The judge alone determines the dates of courtroom proceedings.
Yohn, 73, checked into a hospital briefly Sunday night to have some tests performed and then returned home, the aide, Tom McCann, said. At that time, the judge requested that the trial resume on Sept. 22.
But McCann said that the judge's condition has not improved, and that he needs more time for additional tests to find out what is ailing him and to get well.
Lawyers in the case were mum on the latest developments.
Fumo's lawyer, Dennis J. Cogan, and Assistant U.S. Attorney John Pease both declined comment. Arnao's attorney, Ed Jacobs, could not be reached.
It is unclear what effect, if any, the further delay is likely to have on the trial.
Prosecutors and defense lawyers had been expected to select the final 12 jurors and four alternates next Monday from an intermediate pool of 42 selected over three days last week from 110 residents in the nine-county area of the Eastern District of Pennsylvania.
Each side can reject without giving a reason a specific number of jurors and alternates under peremptory challenges.
Opening statements were expected immediately to follow the seating of a jury.
The intermediate pool of jurors will now have to be notified not to report for at least a month.
Many potential jurors were already excused for hardship, such as prepaid, nonrefundable vacations in December. (The trial is expected to last three months.)
The delay could result in prosecutors and defense lawyers having to revisit the jury-selection process if new hardships arise as a result of the trial extending into next year.
Fumo, 65, a Democrat who has served in the state Senate since 1978 and was either chairman or the ranking minority member of the powerful Senate Appropriations Committee for much of that time, is charged with 139 counts of conspiracy, fraud, obstruction of justice and related tax offenses.
Arnao, 52, is charged with 45 counts.
Both have pleaded not guilty. *
