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10:07

Emilie Lounsberry - Dennis J. Cogan is poised to deliver his closing argument on behalf of Vincent Fumo.

10:19

Emilie Lounsberry - Cogan told the jury that he has been trying cases for a long time, but has experienced "nothing like this." The trial, he said, " has been physically and mentally debilitating" He is telling jurors how much he appreciates their attentiveness.

10:23

Emilie Lounsberry - Cogan said his grandmother used to read him "Alice in Wonderland" when he was a child. In law school, he said, he was reminded of that when a professor told them to read a segment of the children's book where the queen wants the "sentence first, verdict second." If you start out with an opinion in this case, it is something like that, he said.

10:26

Emilie Lounsberry - This case is unusual in many ways, and not just because of the length of the indictment., he said. In a case alleging public corruption, "There are no bribes, no kickbacks, no instances of selling one's office." It's unusual, too, because of "so many side roads" -- about ethics act violations of other people when Fumo is not charged with any ethics act violation.

10:39

Emilie Lounsberry - Cogan told jurors that Fumo is accused of "crimes that require a specific intent." to violate the law. "What is in Vince Fumo's mind, what his subjective beliefs are, they are all on the table" and that "what is in his mind is of paramount importance. A person who in good faith honestly believes that what he is doing is not wrongful" is not guilty..
"If the government didn't prove the intent to defraud, an acquittal on every fraud count is required," Cogan told the jury.

10:49

Emilie Lounsberry - Cogan said that every aspect of Fumo's life has been put on display -- from his estrangement from his eldest daughter to the breakup of his relationship with former girlfriend, Dottie Egrie-Wilcox.
Egrie-Wilcox said Fumo often spoke of using "other people's money."
Yet for all his faults, Cogan recalled her having said, Fumo was shy and that she "always knew him to be ethical."
The government introduced an "avalance of e-mails" -- but he had a "familial" relationship with his Senate employees and often spoke in raw terms, said Cogan. "It's a family," and employees didn't take offense.
"This nightmare" began for Ruth Arnao and Fumo, Cogan said, in 2003. The FBI began looking into what happened with Peco and Verizon -- where executives were in battle with Fumo over regulation. In January 2004, "more Inquirer headlines" -- this time the FBI probing Fumo about Verizon.
He recalled how Fumo on the witness stand recalled that it "was like a punch in the stomach."

11:00

Emilie Lounsberry - Cogan said that Fumo thought Citizens' Alliance might get audited -- that his state of mind. He is focusing on an e-mail to his friend, Stephen Marcus, in which he said that newspaper "is not going to let go" and that the article would trigger at least an audit.
"The background of what happened" with Peco and Verizon, he said, "need to be touched on." Fumo, he said, went to the PUC as a litigant to file a suit, against Peco, not only as Sen. Fumo but in his individual capacity as a ratepayer and a taxpayer. To settle the matter, Cogan said, Fumo and Peco chairman entered a side agreement in which Peco agreed to contribute $17 million to Citizens' Alliance -- private money.

11:09

Emilie Lounsberry -

Eventually, the PUC approved the settlement. "This is one of the things the government starts this case out with" -- an investigation. Turning to Verizon, he said, Fumo ultimately negotiated with the president of the utility company, and the agreement includes sending legal business to Obermayer law firm. "This the government investigates as though it is a possible extortion," said Cogan. But "this was no extortion, this was on public servant's concern" about big utilities.

11:15

Emilie Lounsberry - Cogan said that the government contends that the news stories about the investigation set the stage for the alleged efforts by Fumo to obstruct the FBI investigation. He is now touching on all the e-mail cited by the government as evidence of stepped-up computer security measures to purge e-mail to and from Fumo. But Cogan said that Fumo had concerns about e-mail for years -- and he citing an e-mail in 2000 about Fumo's desire to have e-mail deleted.
This was a longstanding practice, said Cogan, not something that came about as the FBI investigation heated up.

11:22

Emilie Lounsberry - He said that one witness, Dan Coyne, said he couldn't recall a time when that wasn't the policy and that wiping of hard drives had been done before the investigation. Cogan said Coyne said it was part of the regular maintenance of Fumo's computers -- and took place probably monthly, maybe less. "This had been the practice on Tasker Street" and even in Harrisburg, but it hadn't always been carried out. "It was an accepted practice," said Cogan.
Fumo told Sprague that there was no e-mail left about Peco and Verizon, Cogan said, and according to Fumo, Sprague said if it's not specifically subpoenaed you don't have to save it. Sprague says he never said that.
Referring to lawyer notes in which it was noted that Fumo thought a subpoena had to be received before e-mail had to be retained, and that "RAS," referring to Sprague, did as well, Cogan said: " Words mean what they say they mean."

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