Sprague disputes Fumo on e-mails

Vince Fumo's former longtime lawyer and friend, Richard A. Sprague, testified yesterday at Fumo's federal corruption trial that he "doubted the truth" of Fumo's claims that a lawyer had told the then-state senator that he could destroy e-mails during a federal probe as long as he had not been given a subpoena.

Sprague said Fumo had told him in January 2006 that he had received such advice from lawyer Robert Scandone after Citizens Alliance for Better Neighborhoods, a nonprofit Fumo had created, received a subpoena in April 2004.

Sprague, the venerable trial lawyer and former "father figure" to Fumo was called to rebut Fumo testimony that he had received similar advice from Sprague. Sprague, 83, and Fumo, were friends and allies for 30 years before they split up in 2007. Sprague said evidence must be saved once somebody learns he is being investigated.

The government alleges that Fumo ordered staffers to delete all his e-mails and "wipe" their traces from computer hard drives to thwart an FBI probe that he was misusing Senate staffers and the resources of two nonprofits for his personal benefit.

Sprague recalled another former state senator, whom he did not identify, who had been acquitted of all charges in a case but convicted for destroying documents.

"So it's always been on my mind never to destroy any documents because you can get out of the fire, but you can be in the frying pan by getting documents destroyed," he said.

Fumo testified last week that he had called Sprague after the Inquirer reported on Jan. 25, 2004, that the feds were investigating Fumo. Fumo said he had been concerned because his legislative counsel, Christopher Craig, told him that many old e-mails were lost because the Senate office had replaced its computer server in 2002. Sprague testified yesterday that he hadn't heard of the Craig conversation until it surfaced during the trial.

Sprague said he was not aware - nor had he been told by Fumo - that e-mails were being deleted and computers being wiped from early 2004 until a search warrant had been served in February 2005 on Fumo's office.

"If you had known, would you have done anything about that?" Assistant U.S. Attorney Robert A. Zauzmer asked.

"Certainly," Sprague said.

"What would you have done?" Zauzmer asked.

"I would have told them to stop," Sprague replied.

On cross-examination, Fumo attorney Dennis Cogan sought to raise questions about Sprague's credibility. He asked about a letter Sprague had sent to a U.S. House subcommittee complaining about a political prosecution of Fumo. Sprague said he had been advocating for Fumo, a client at the time.

Scandone also was called by the government to rebut a claim by Fumo last week that Scandone told him that as long as Fumo had not been subpoenaed, he didn't have to respond and could "continue business as normal."

Scandone testified that he had told Fumo that he didn't have to turn over any documents unless he got subpoenaed, adding, "You can do whatever you want, but my suggestion is you cooperate."

Scandone said that the conversation had been brief, that Fumo had not told him about destruction of e-mails or the wiped computers.

Earlier yesterday, Fumo fired a final salvo at prosecutors after six days on the witness stand. Asked why he had invited ex-computer aide Leonard Luchko to a Christmas party at his Spring Garden home even after Luchko, who pleaded guilty to obstruction in the case, had been arrested.

"I did not want to kick him when he was down," Fumo said to Assistant U.S. Attorney John Pease. "You may be that kind of person, but I'm not." *