Posted on 02/19/2006 9:58:02 PM PST by NormsRevenge
Randy "Duke" Cunningham has recurring prostate cancer and will likely die in prison if sentenced to the 10 years behind bars prosecutors are seeking, his defense lawyers said in court papers filed late Friday.
The documents also reveal that Cunningham and his wife, Nancy, are estranged and that the former 50th District congressman, who pleaded guilty to bribery and tax evasion in November, now lives on a ranch performing manual labor in exchange for room and board.
The U.S. attorney's office in San Diego is arguing that the four years Cunningham accepted bribes and cheated on his taxes ---- as well as tampering with witnesses after he came under federal scrutiny ---- warrant the maximum possible sentence.
Cunningham has admitted demanding bribes starting as early as 2000 and continuing until 2004 in exchange for steering Pentagon contracts to defense contractors MZM Inc. of Washington and ADCS of Poway.
But Cunningham's lead attorney, K. Lee Blalack, argued his client's military service during the Vietnam War and other civic and charitable contributions before the bribery took place, as well as his health status, should cause the court to hand down a lesser sentence of six years.
Reached at his Washington home Saturday, Blalack said he is asking the court for mercy.
"Mr. Cunningham admits doing something very wrong," he said. "The question is what constitutes harsh punishment for a 64-year-old man with health concerns which make a 10-year sentence likely to be unsurvivable.
"When you combine that with his lifelong contributions unusually found in one man to his country in war and in peace, that should warrant some mercy and a sentence appropriate for paying his debt to society."
U.S. District Court Judge Larry Alan Burns is scheduled to sentence the former Navy "Top Gun" flight instructor March 3, and Blalack said a sentence of 10 years "far exceeds the 'necessary' punishment in this case."
In a personal letter to the judge, Cunningham wrote that while it has been hard to endure public ridicule and angry words from former friends and colleagues, it is the chance for redemption that gives him the will to carry on.
"I am grateful for the many friends who have come to my aid in the last few months and have offered supportive words on my behalf even after I let them down," he wrote in the letter dated Friday. "I am truly grateful for a God who forgives and for the chance of redemption both in this life and the next.
"And it is the chance to redeem myself in the eyes of my family, friends and countrymen that has motivated me to press on with this life."
Solitary life
In the months since he entered guilty pleas, Cunningham has led a "solitary and simple life," the court document says. "His wife no longer lives with him. The couple is estranged as a result of Mr. Cunningham's misconduct."
In December, the Cunninghams sold the Rancho Santa Fe mansion they had purchased in 2003 with the money from one of the cash bribes. He now lives in a bunk house located on the ranch of a friend and performs menial jobs in exchange for food and a bed, the document says.
Cunningham owes $1.57 million to the Internal Revenue Service as a result of his failure to report his true income between 2001 and 2004.
Money from pensions earned from his years in the Navy and his 14 years in Congress representing much of North County will be seized to pay the tax debt.
"Mr. Cunningham is now essentially a pauper, having agreed to forfeit what little currency he still possesses and facing substantial debts for his legal fees," his attorney wrote.
An affidavit by an oncologist at Bethesda Naval Medical Center says Cunningham's prostate cancer has given him a life expectancy of seven years.
Cunningham also has an array of other medical issues, including thyroid problems and high cholesterol and glucose levels. He is in need of treatment to remove polyps detected in a colonoscopy, according to his attorneys.
Despite those conditions, the attorney wrote that Cunningham concedes a lengthy prison term is required because of the "seriousness of his criminal conduct and to afford adequate deterrence to other public officials in the future."
Cunningham has kept out of the public eye since he pleaded guilty and told reporters that while he had "once known great joy, now I know great shame."
'Bribe menu'
In their court papers, federal prosecutors revealed that Cunningham used a "bribe menu" and attempted to influence witnesses after a San Diego federal grand jury began investigating him last June.
"The length, breadth and depth of Cunningham's crimes against the people of the United States are unprecedented for a sitting member of Congress," they wrote. "It is a numbing betrayal, on an epic scale, correctly termed 'outrageous' by the President of the United States. Deterrence alone commands that the highest possible sentence be imposed."
Cunningham has admitted using his seat on the powerful House of Representatives Appropriations Committee and its Subcommittee on Defense to accomplish what the government said were contract awards that were "not in the best interests of the country."
His "bribe menu" offered $16 million to one co-conspirator in exchange for a boat, prosecutors said. An additional four rows on the "menu" indicate that $1 million more in funding was "for sale" in exchange for every additional $50,000 that the co-conspirator would pay.
The document also says that Cunningham attempted to tamper with a witness in the case, calling an antique dealer Aug. 1 and asking the dealer and an employee to provide a false story to federal investigators.
Cunningham is personal friends with the owners of MZM and ADCS, the firms associated with the case from beginning to end. Federal authorities last year raided the offices and the homes of ADCS owner Brent Wilkes and MZM owner Mitchell Wade.
Attorneys for Wade and Wilkes have consistently declined comment as the investigation continues. MZM has since been sold to another company, and ADCS is reportedly in poor financial condition.
More investigations
Cunningham's guilty pleas came after repeated denials of wrongdoing. In June, he issued a lengthy written statement denying any impropriety and later said that he welcomed the investigation.
In July, he announced he would not seek re-election, citing the investigation. He officially resigned from Congress on Dec. 1.
The unraveling of his political and personal life begin when it was reported that MZM's Wade had bought a home from Cunningham and his wife in Del Mar Heights for $700,000 more than he sold it for less than a year later.
The North County Times also reported that Cunningham had been living aboard a boat owned by Wade while in Washington, a yacht named the "Duke-Stir" in a reference to Cunningham's nickname.
While Cunningham contended last June that he had begun living on the boat a few months earlier, prosecutors said that he in fact had been living on it for several years.
In mid-2004, Cunningham accepted a cash-filled envelope at a fundraiser in Washington, using a staffer as the courier for the $6,500 it contained. The unidentified staffer told investigators that he confronted Cunningham about the cash, Wade's purchase of the Del Mar Heights home and the living arrangement aboard the boat.
During that meeting, prosecutors say the staffer told Cunningham that eventually his misdeeds would become public and requested that he resign or not seek re-election. Cunningham refused, so the staffer resigned.
If Burns sentences him to prison, Cunningham's ultimate destination will be decided by the Federal Bureau of Prisons, which will conduct an evaluation and decide on the most appropriate facility.
A special election to serve out the remaining six months of Cunningham's unexpired term is set for April 11. Twenty-three people have filed for the office, including 18 Republicans and two Democrats.
If no one gets more than 50 percent of the overall vote, a run-off election featuring the top vote-getters from every party listed on the ballot will take place in conjunction with the state primary election on June 6.
Nancy Cunningham, an Encinitas Union School District official, continues to fight the government for a portion of the proceeds from the Rancho Santa Fe home sale.
She has not been implicated in the ongoing investigation, but prosecutors also have said that there is nothing in the plea agreement that would prevent them from pursuing action against her.
She has refused comment since the investigation of her husband was launched.
In addition to the ongoing investigation, Cunningham's actions in the last five years on the Appropriations Committee are under review by congressional investigators.
There is also an ongoing probe of how he handled access to classified information as a member of the House Permanent Select Committee on Intelligence and as chairman of its subcommittee on human intelligence.
Letters of Support http://www.nctimes.com/pdf/cunningham2.pdf
Declaration or Dr. Timothy Donahue http://www.nctimes.com/pdf/cunningham.pdf
Previous stories:
http://nctimes.com/articles/2006/02/18/news/top_stories/16_59_392_17_06.txt
http://nctimes.com/articles/2006/02/18/news/top_stories/20_13_172_17_06.txt
http://www.nctimes.com/articles/2005/11/29/news/top_stories/112805193240.txt
Related links:
View the government's sentencing recommendations: http://nctimes.com/pdf/cunningham.pdf
Boo freaking hoo?
Sounds like the state will save a lot of money while nature takes its course and takes this scumbag.
10 years is not that long for over 2 million dollars in bribes. Especially in light of the heavy federal sentencing guidelines for drug offenders.
Shoul have thought about that before taking the bribes.
C'mon, be a man and take your medicine, you bribin-bastid.
She should be able to benefit from the bribes because she "didn't know"? 10 to 1 she egged him on every step of the way, enjoying her mansion, the rides in the Rolls Royce, etc. Throw her in jail too.
At least it won't be time in the Hanoi Hilton.
The part that caught my eye is "doing manual labor for room and board" .... yeah, right. He was a Congressman in California for crying out loud.
I don't know the facts here, and I doubt anyone on FReep does. But if he's really dying, that should be taken into account. White-collar crime shouldn't require you to die in prison. It's just vengeful to do that, and for the most part, only violent criminals are worthy of revenge.
Being a Republican, Mr. Cunningham will probably get the full sentence demanded. Things tend to work that way, it seems.
Being a Republican should have meant that he knew better.
No sympathy. You do the crime, you do the time. Unless of course, you are a Clinton.
From the article........
Cunningham has admitted using his seat on the powerful House of Representatives Appropriations Committee and its Subcommittee on Defense to accomplish what the government said were contract awards that were "not in the best interests of the country."
You might want to rethink your characterization of his crimes.
Or a Fat Ted !
Bribery is objective. "Not in the best interest of the country" is what many congressmen do every day. Some legal abuses of power are worse than some illegal ones. Cunningham deserves punishment, but I don't think he's the worst. The main reason to punish people with prison sentences for political corruption is to keep them out of political circulation. Cunningham is out of circulation anyway.
"There is also an ongoing probe of how he handled access to classified information as a member of the House Permanent Select Committee on Intelligence and as chairman of its subcommittee on human intelligence."
Hidden Imam say: Not much chance this intelligence giant would find where I am, given that his daily business and best-loved hobby was selling his country out.
PS: Any health care he gets is obviously wasted, anyway. Save your US bucks for a worthwhile cause.
As a matter of academic interest, do you include treason in that?
"There is also an ongoing probe of how he handled access to classified information "
Not to mention I assume he will be placed in a minimum security prison. He will not (nor should he) do very hard time.
What's really appalling is that Duke potentially draws a long prison sentence for doing something stupid (albeit not violent), but the RINO Governor & Congressman from South Dakota, Bill Janklow, got peanuts for criminally negligent manslaughter.
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