Prison term sought for Fumo's former computer technician

Federal prosecutors yesterday asked for 30 to 37 months in prison for former state Senate computer technician Leonard P. Luchko, saying he "worked exhaustively to destroy electronic evidence" for his old boss, Vincent J. Fumo.

Assistant U.S. Attorneys John J. Pease and Robert A. Zauzmer said Luchko should not get a break at sentencing - scheduled for tomorrow - because he has not accepted responsibility for his actions.

Luchko, they said, sent e-mails to Fumo and others making disparaging remarks about the government and expressing regret over pleading guilty. In the end, they said, they decided to skip calling him as a witness because of the e-mails.

Yet Pease and Zauzmer conceded that Luchko's actions did not hurt their case against Fumo, who was convicted in March of all 137 counts of conspiracy, fraud, obstructing justice, and tax violations.

Fumo, a once-powerful Democrat, is scheduled to be sentenced July 14 by U.S. District Judge Ronald L. Buckwalter, and Pease and Zauzmer are expected to seek a sentence of 10 years or more in prison.

The prosecutors characterized Luchko as a "dependent and needy" person who had picked the "wrong father figure" in Fumo.

"Such a tendency of devotion to a criminal Svengali must be punished and deterred, lest it recur the moment Luchko elects to befriend and follow a new leader," they wrote in their sentencing memorandum.

They cited some of Luchko's e-mails, including what he wrote to Fumo and codefendant Ruth Arnao the night before he was to testify: "I am truly sorry for what's going to happen tomorrow, there will be no sleep for me tonight, and until I hear otherwise from you I will always consider you my dear friends!"

The prosecutors said they then learned from his lawyer, James C. Schwartzman, that Luchko had been communicating with Fumo and others involved in the case, even though Luchko had been told to avoid such contact.

The e-mails exposed Luchko to a potentially devastating cross-examination by the Fumo defense team, so the prosecutors ultimately decided not to call him after reviewing his e-mails and Internet postings about the case.

Luchko, 52, of Collingdale, worked in Fumo's South Philadelphia office. He pleaded guilty last year before U.S. District Judge William H. Yohn Jr. to obstructing the FBI investigation.

Luchko's defense attorney, James C. Schwartzman, declined to comment about the prosecution's memorandum, saying he would make his presentation in court tomorrow.

Fumo started the campaign to obstruct justice when he learned about the investigation, and the effort went into high gear on Jan. 25, 2004 when The Inquirer published a story about the FBI inquiry, the prosecutors said.

Luchko, they said, immediately encouraged Fumo's staffers to regularly delete e-mail to and from the senator, and also began to systematically and permanently purge e-mail from computers and BlackBerrys.

In another sentencing memorandum, Pease and Zauzmer said they would not object to probation for former Fumo computer aide Mark C. Eister, who did testify as a prosecution witness against Fumo.

Eister, 39, who worked in Fumo's Harrisburg office, played a "comparatively lesser role" in the obstruction scheme, the prosecutors said. Even so, he faces 21 to 27 months behind bars under federal sentencing guidelines. He is set to be sentenced Thursday by Yohn.

The prosecutors said Eister testified truthfully and regretted his actions. "His remorse was palpable, and doubtlessly had a significant effect on the jury," the prosecutors wrote.

Defense attorney Brian McMonagle said Eister resigned from his Senate job after his arrest in 2006 and cooperated fully with the FBI and prosecutors.

"His acceptance of responsibility and cooperation with law enforcement demonstrates that he is a worthy candidate for a probationary sentence," McMonagle wrote in a court filing.