And as Pennsylvania goes, so goes the nation--still, although we have 
this Democratic
president who promised "change"....

MCM

Most defendants in corruption cases by Buchanan were Dems

By Jason Cato
Pittsburgh TRIBUNE-REVIEW
Sunday, June 7, 2009

http://www.pittsburghlive.com/x/pittsburghtrib/s_628470.htm

For three years, lawyers for Dr. Cyril H. Wecht professed that 
federal prosecutors were persecuting the former Allegheny County 
coroner because of his Democratic politics -- a claim they admit 
people accused of public corruption frequently use.

"It's the first line of defense of someone in public office," said 
Dick Thornburgh, a former Republican governor and an attorney general 
under President Reagan. "But this case was so flimsy from the outset 
that there had to be some reason it was brought."

Thornburgh was part of the legal team that vigorously defended Wecht, 
78, of Squirrel Hill on public corruption charges, which U.S. 
Attorney Mary Beth Buchanan dropped last week.

An examination of public corruption cases brought by Buchanan since 
her September 2001 appointment by President Bush shows the majority 
of defendants were registered Democrats.

Of 18 defendants charged with public corruption crimes during her 
tenure, 13 were Democrats and
two were Republicans -- former state Superior Court Judge Michael 
Joyce of Erie and a South Fayette police officer convicted of 
conspiring to sell nearly 9 pounds of cocaine -- according to voting 
records.

Party affiliations of three defendants are unknown.

Still, there is no evidence that Buchanan sought out Democrats, said 
John Burkoff, a University of Pittsburgh law professor.

"A lot of people have said it, but no one has established that fact," 
Burkoff said. "Now we will never know unless people inside that 
office tell what was going on. I hope they don't. Enough is enough, 
especially with the Wecht case. We've suffered enough."

Buchanan declined to comment for this story. She has repeatedly 
insisted Wecht's case was based on criminal wrongdoing, not his party 
affiliation.

Wecht, a former Allegheny County Democratic chairman, served two 
10-year stints as coroner, first in the 1970s and then beginning in 
1996. He was a county commissioner from 1980 to 1984, when he 
unsuccessfully ran for U.S. Senate. He lost a 1999 bid to become the 
county's first elected chief executive.

Buchanan's office accused Wecht of using county resources while 
coroner to benefit his private consulting business.

Prosecutors whittled the 84 fraud and theft counts filed in January 
2006 down to 41 for trial, which ended with a hung jury in April 
2008. The government reduced the number of counts to 14 in 
anticipation of a retrial. In May, U.S. District Judge Sean J. 
McLaughlin ruled search warrants used to collect evidence for those 
counts were unconstitutional.

"Is this the way justice is pursued in America?" Wecht asked. "I 
think the record will speak for itself.
As for her record, that will speak for itself, too."

In 18 public corruption prosecutions Buchanan's office sought, 15 
people were convicted. Collectively, they received more than 30 years 
in prison and were ordered to pay $851,256 in fines and restitution. 
A judge dismissed one defendant's indictment after he completed a 
pretrial diversion program. Another defendant is awaiting sentencing.

And then there is Wecht, the celebrity pathologist who waged a 
contentious fight against the federal prosecutor.

"In Pennsylvania, that was one of the most high-profile prosecutions 
in modern history. He is a national figure," said G. Terry Madonna, a 
political scientist at Franklin & Marshall College. "But I wouldn't 
judge (Buchanan) on one case. She has pursued public corruption and 
been successful at it. One case does not make a career."

Some of the more notable public corruption convictions under Buchanan include:

* Joseph Jaffe, an Allegheny County judge who pleaded guilty to 
extortion in 2002 and was sentenced to 27 months in prison.

* Dennis Skosnik, an Allegheny County sheriff's chief deputy who 
pleaded guilty in 2006 to bribery, fixing criminal cases, witness 
tampering and forcing employees to contribute to then-Sheriff Pete 
DeFazio's campaign fund. He was sentenced to 63 months in prison.

* Joyce, a state Superior Court judge convicted of fraud and money 
laundering in 2008 and sentenced to 46 months in prison. He was 
ordered to pay $440,000 in restitution.

During Buchanan's tenure, investigations into several notable 
Democrats became publicly known -- through witnesses and attorneys 
who commented about grand jury questionings. But criminal charges 
have not been filed. That list includes former Mayor Tom Murphy, 
former Washington County District Attorney John Pettit and Allegheny 
County Judge Jeffrey A. Manning.

"I don't believe federal criminal prosecution is the best 
resolution," Buchanan said in June 2006 when announcing charges would 
not be filed against Murphy, whose 2001 deal with the Pittsburgh 
Firefighters Local No. 1 became a subject of federal scrutiny. The 
650-member union then endorsed Murphy, who won the Democratic primary 
by 699 votes.

Joyce was by far the most high-profile Republican prosecuted by 
Buchanan's office.

"And that was after Wecht was charged," said Thornburgh, who 
acknowledged he, too, was accused of bringing politically motivated 
charges against public officials while serving in the same job as 
Buchanan.

In 2007, Thornburgh testified before a congressional panel 
investigating whether certain Democrats -- including Wecht and former 
Alabama Gov. Don Siegelman -- were unjustly charged by 
Republican-appointed prosecutors.

The panel questioned Buchanan about any role she might have played in 
the firings of nine U.S. attorneys, some of whom complained they were 
terminated for not pursuing cases against Democrats or for 
prosecuting Republicans.

A Justice Department official said he asked Buchanan's opinion while 
she served as director of the Executive Office for U.S. Attorneys, a 
post she held from May 2004 to June 2005. Buchanan never gave him a 
direct answer, an investigation by the inspector general found.

Rooting out public corruption was a priority under the Bush 
administration, which some critics alleged politicized the Department 
of Justice.

Democratic officials were investigated more than five times as often 
as Republicans during the Bush administration, according to a 2007 
study by two retired professors from the University of Missouri-St. 
Louis and Illinois State University.

That might have led some prosecutors to be overzealous in pursuing 
such cases, said G. Douglas Jones, a U.S. attorney in Birmingham, 
Ala., during the Clinton administration.

"I think certainly public corruption cases ought to be a priority for 
any administration," said Jones, who once represented Siegelman and 
believes that the prosecution was politically motivated. "But 
sometimes people confuse a priority as something to go fishing around 
and looking for."

Jason Cato can be reached at 
<mailto:[email protected]>[email protected]  or 412-320-7840.
<http://www.pittsburghlive.com/x/pittsburghtrib/s_628470.html>
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