by KYW's Tony Hanson
US government prosecutors have responded to former Pennsylvania state senator Vincent Fumo's request for a new trial, and to no one's surprise the government is opposing the request. The trial judge will make the ultimate decision.
The defense wants a new trial based on several arguments, including that a juror learned of a previous corruption case against Fumo during the trial, and that another figure in the case had pleaded guilty in a separate court action.
The defense argues that this "extraneous" information was the most toxic and prejudicial information that could possibly have infected the jury's deliberative process.
But the government calls the defense claims secondhand and speculative, and argues that even if the claims were true, Fumo didn't suffer substantial prejudice warranting a new trial.
Fumo, who was convicted of 137 counts of fraud and other crimes in March (see related story), is scheduled to be sentenced next week. A pre-sentencing hearing is scheduled for this Wednesday.
(File photo)