Trial lawyer Cogan in discussions on defending Fumo

Dennis Cogan, a prominent Philadelphia trial lawyer, met privately with prosecutors and a federal judge yesterday to discuss his intention to defend State Sen. Vincent J. Fumo at his upcoming trial.

Cogan is expected to enter a formal appearance soon and to file a motion seeking to delay the trial, which is scheduled to begin in February, for several months. Cogan, sources said, has indicated that he will not defend Fumo unless he wins the delay because the case is so complex, involving 139 counts and hundreds of witnesses.

Cogan and prosecutors John Pease and Robert Zauzmer said yesterday that they could not discuss the matter.

The prosecutors have vowed to fight any proposed delay, and U.S. District Judge William H. Yohn Jr. has said from the bench that he does not want to delay the trial.

Yohn is expected to hear from both sides in open court early next week.

Fumo is charged with using Senate employees to perform personal and political tasks, and with defrauding the Citizens' Alliance for Better Neighborhoods by using more than $1 million of its money to furnish homes in the city, at the Shore, and on a farm near Harrisburg.

The powerful Democrat also is charged with defrauding the Independence Seaport Museum and with obstruction of justice by allegedly trying to thwart the FBI and IRS investigation by engaging in a cover-up.

Fumo parted ways with his longtime lawyer, Richard A. Sprague, last month, citing potential conflicts of interests that would hinder his defense.

This followed months in which Fumo fought a government motion to remove Sprague on the case for similar reasons. After Yohn ruled in Fumo's favor and issued an order allowing Sprague to remain if Fumo waived these potential conflicts, the senator changed his mind.

Yohn had given Fumo until early this week to select a new lawyer.