Prosecutors Say Chang Advanced Torricelli Probe
Newly Released Document Outlines Illegal Contributions
POSTED: 4:44 p.m. EDT September 26, 2002
UPDATED: 7:19 p.m. EDT September 26, 2002
NEWARK, N.J. -- A federal appeals court in Philadelphia ruled Thursday that a sentencing memo describing illegal gifts to U.S. Sen. Robert Torricelli must be made public immediately.
Lawyers for a media group petitioned the court, requesting that the document be made public.
The 3rd U.S. Circuit Court of Appeals in Philadelphia had ruled Friday that the document should be made public, but court rules could have kept it sealed for at least 45 days -- putting it at Nov. 4, the day before the election. Torricelli's lawyers argued that the immediate release would rob him of the right to adequately prepare for an appeal. He objected to the media group's argument that the information should be released in time for the public to consider the letter before the election. Torricelli, D-N.J., is engaged in a tight race against Republican Douglas Forrester, who called for Torricelli's resignation after the letter was released Thursday night. Torricelli was never charged in a three-year government investigation, which ended in January. Chang and six others admitted making illegal donations to Torricelli's 1996 Senate campaign. Torricelli continues to call his accuser David Chang a liar. He denies taking any cash and other expensive gifts from Chang. But in the letter released late Thursday, prosecutors sided with Chang telling the judge they found many of Chang's allegations to be material and credible - backed up by witnesses and documents. And that "Chang provided credible information" and "Chang provided detailed accounts of alleged payments." In the letter, prosecutors write "although the prosecution did not ultimately bring a prosecution against Senator Torricelli, the government also found Chang's statements concerning the conduct of the public official to be credible in most material respects." "They went on this information led to the discovery of substantial corroborating evidence including documentary evidence -- and the testimony of numerous witnesses. "Notably the information concerning cash payments to Torricelli which corroborated in significant respects by Audrey Yu, his former bookkeeper." The letter means prosecutors believed much of what Chang told them - but they felt they did not have enough evidence to prosecute the senator. And in their letter to the judge - prosecutors blasted Torricelli for "launching a public campaign to vilify and discredit Chang." U.S. District Judge Alfred M. Wolin of Newark sentenced Chang to 18 months in federal prison in May after prosecutors certified, in a memo known as a "5K letter," that Chang had provided substantial assistance. NewsChannel 4, The New York Times, The Philadelphia Inquirer, The Record of Bergen County, and the American Broadcasting Cos. sought the release of the memo. The Star-Ledger of Newark filed papers supporting the request. Torricelli responded to the letter Thursday night, issuing a statement that reads: "The government's letter confirms what we have known all along; it could not make a case built on the testimony of a man chronically involved in what the government described as 'fraudulent and deceptive conduct.' The government acknowledges the 'false claims' and 'false testimony' that have run throughout his statements to the government and in legal proceedings. And the government acknowledges that Chang purchased items with the intent of providing them to the senator or that he ever gave such items to the Senator. This matter has been reviewed by the government and the ethics committee for a period of years. The letter adds nothing to that record." Previous Stories:
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5K Letter: 
5K Letter: 
