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.
Thursday's Appeals Court order said
the document must be made public in its entirety. A court worker
said it would be released through the U.S. District Court in Newark,
N.J.
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:
The
document outlines businessman David Chang's cooperation with the
federal prosecutors.
Lawyers for a media group petitioned the court, requesting
that the document be made public.
- September 25, 2002: Torricelli Deflects Questions About Action To Block Chang Letter
- September 24, 2002: Media Seek Immediate Release Of Chang Sentencing Memo
- July 31, 2002: Ethics Committee Admonishes Torricelli For Gifts
- July 26, 2002: Did Torricelli Accept Gifts From David Chang?
- June 16, 2002: News Media Seek Memo From Chang Sentencing
- May 29, 2002: Torricelli Admits Association With Chang Was 'A Lapse Of Judgment'
- May 23, 2002: Illegal Donor To Torricelli Sentenced
- May 23, 2002: Exclusive: Documents Allege Torricelli Fund-Raising Scandal
- April 19, 2001: Torricelli denies betraying trust, slams accuser
- April 19, 2001: Torricelli denies betraying trust, slams accuser
- February 17, 2001: Report: Fed inquiry inspects Torricelli flights
Copyright 2002 by WNBC.com The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.