Awaiting appeal, Fumo wants bail or prison delay

Vince Fumo filed court papers yesterday asking a federal judge to grant him bail while he appeals his conviction on 137 corruption counts and his 55-month prison sentence.

The court filing comes just two weeks before Fumo is supposed to report to the Bureau of Prisons on Aug. 31.

The former state senator's attorneys also said in the filing that if U.S. District Judge Ronald L. Buckwalter doesn't grant their request for bail pending appeal, then they would ask Buckwalter for an extension of time to report to prison because of "acute" but unspecified medical conditions and Fumo's need for adequate time to argue his bail motion to the court.

Fumo's court filing comes less than a week after prosecutors filed a notice with the court that they will seek permission from the U.S. Solicitor General to appeal Fumo's sentence.

Had prosecutors not done so, Fumo's attorneys said in their court filing yesterday, they would have foregone appeal issues and the case would have "ended."

Assistant U.S. Attorney Bob Zauzmer said that the feds would reply to Fumo's filing in a day or two.

Fumo's attorneys said that the former lawmaker should be granted bail pending appeal because he is not a flight risk or a danger to the community, and because his "unique" case presents "substantial questions" to the U.S. Court of Appeals for the Third Circuit.

Defendants are generally entitled to bail pending appeal only if the appeals raise substantial questions and, if the questions are determined in favor of the defendant, the decision could result in a reversal, an order for a new trial or a reduced prison sentence.

Most of the issues raised in Fumo's latest court filing were aired in earlier court filings by Fumo in April and July and were rejected by Buckwalter.

But yesterday's filing did raise one new appellate issue. Fumo said that Buckwalter should not have permitted "highly prejudicial" trial testimony by two FBI agents about summary charts they prepared that addressed whether Senate employees were improperly classified and resources of a nonprofit agency founded by Fumo were improperly utilized.