Judge clears way for Farnese trial

 

A federal judge this week cleared the way for a jury trial for state Sen. Lawrence M. Farnese Jr., who faces criminal charges involving fraud, bribery and conspiracy. After a two-hour hearing Jan. 18, U.S. District Judge Cynthia M. Rufe said selection of a 12-member jury will begin Jan. 23.

Farnese stands accused of buying the vote of Ellen Chapman in 2011, to help secure his election as Democratic leader of the Eighth Ward. He’s also accused of falsifying campaign-finance records.

The Eighth Ward is a political subdivision, largely in Center City west of Broad. It serves as a conduit to party leadership, and it’s a source of information during campaigns and elections.

In the spring of 2011, Farnese allegedly diverted $6,000 from his campaign fund to help pay the college tuition of Chapman’s daughter. In return, Chapman allegedly agreed to vote for Farnese as Democratic leader of the Eighth Ward.

At the time of the alleged incident, Chapman served as an Eighth Ward committee person, and continues to serve in that role.

If Chapman and Farnese are found guilty of any offense, Rufe will impose their sentence, not the jurors. Both defendants face lengthy prison terms if convicted on all charges.

Mark B. Sheppard, an attorney for Farnese, urged Rufe to dismiss the case. He said the college-tuition payment was a legitimate campaign expenditure. “My client didn’t bribe anyone, and he didn’t intend to bribe anyone,” Sheppard told Rufe.

But Assistant U.S. Attorney Jonathan I. Kravis said Farnese broke state and federal laws when allegedly buying Chapman’s vote. Kravis said Farnese’s campaign fund was free to contribute to a worthy college, but laws were broken because a bribe was involved.

Chapman and Farnese sat impassively in the courtroom, and didn’t make any public statements.

Rufe appeared sympathetic to Chapman’s defense attorney, Stuart M. Patchen, when he said: “This is not the kind of thing the federal government should be involved in.”

At one point, Rufe asked Kravis: “Why does the federal government get involved in this?”

Kravis said it’s important to hold public officials accountable when they engage in criminal activity, such as bribery.

Also during the proceeding, Rufe approved a defense request that election-law specialist Lawrence J. Tabas testify as an expert witness during the trial.

Tabas is expected to testify that Farnese’s payment was “consistent with Pennsylvania law allowing expenditures for the purpose of influencing an election as referenced in the [state] election code,” according to defense papers.

Additionally, Tabas will testify that “the particular expenditure described in the indictment in this case together with the supporting documentation for the expenditure complies with Pennsylvania election law, both as to purpose and disclosure,” according to defense papers.

Jury selection is set for 9:30 a.m. Jan. 23 in Courtroom 12A of the U.S. Court House, 601 Market St. in Center City. The trial is expected to take about a week, with Tabas testifying on Jan. 30, attorneys said.

In November, Farnese handily won re-election as a state senator. He has a strong record of support for LGBT causes, including a statewide LGBT civil-rights law and a new probe of the Nizah Morris case. 

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Tim Cwiek has been writing for PGN since the 1970s. He holds a bachelor's degree in history from West Chester State University. In 2013, he received a Sigma Delta Chi Investigative Reporting Award from the Society of Professional Journalists for his reporting on the Nizah Morris case. Cwiek was the first reporter for an LGBT media outlet to win an award from that national organization. He's also received awards from the National Lesbian and Gay Journalists Association, the National Newspaper Association, the Keystone Press and the Pennsylvania Press Club.