by KYW's Tony Hanson
Philadelphia city councilman Rick Mariano was convicted Friday afternoon in his federal corruption trial, and was ordered by the judge to be taken into immediate custody.
The jury deliberated for most of the day before finding Mariano guilty on 18 of 22 counts, including conspiracy, "honest services" fraud, money laundering, bribery, and filing a false tax return.
After the verdicts were read in federal court, the judge discussed the subject of bail. Even though the prosecution did not oppose having Mariano released on bail, the judge raised the issue of Mariano's much-publicized trip up City Hall tower shortly after his legal troubles began.
The judge said there had been no sufficient explanation given for Mariano's flight to the City Hall observation deck (right) and, expressing concern for Mariano's mental health, ordered Mariano taken immediately into federal custody for a psychiatric evaluation. The councilman was handcuffed and led out of the courtroom.
During the trial, the jury had heard compelling, and at times emotional, arguments from both sides.
Prosecutor Michael Schwartz called it a "sad story of betrayal." He said the overwhelming evidence proved that Councilman Mariano sold his office for over $28,000 in bribes:
"You heard how Councilman Mariano no longer worked for all of the citizens of Philadelphia but instead became an employee of those who secretly paid him."
But defense attorney Nino Tinari argued that the money payments were loans between friends and the councilman did nothing wrong:
"Ladies and gentleman, I told you in the beginning: Councilman Mariano is not guilty. And beyond that, he is factually innocent."
Tinari argued that government witnesses had motives to lie, and Tinari has asked the jury to "do what is right," and find Mariano not guilty.
KYW’s Mike Dunn reports that before the conviction, the city solicitor had been asked to clarify when Mariano would be forced to resign his council seat.
State law seems to indicate that a city councilman would not have to resign until sentenced, allowing him to stay in office for a time. That was reaffirmed by a 1980 city solicitor’s opinion following the Abscam sting.
City Council president Anna Verna is now seeking an updated opinion from the current solicitor:
”We don’t know whether the laws have been changed since that time, and our attorney has been in touch with the city solicitor to get the solicitor’s opinion on that.”
If Mariano wants to keep his job until sentencing, would Verna want him showing up for work?
"I wouldn’t encourage him one way or the other. I think that’s a decision only he can make."
Verna may also find herself mulling over whether and when to call a special election should Mariano’s seat become vacant. On that, she says its premature to divulge her plans.
Related Story: Mayor Street Says Mariano Should Resign Immediately
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