Pop-quiz…why will the U.S. Attorney’s Office handle this criminal case involving a STATE agency, for crimes allegedly committed by STATE workers, while on STATE property???? Give up? Because several of the people allegedly involved live outside Delaware….and so the “crossing state lines to commit a crime” comes into play; allowing the federal govenment to step in.

Sometimes the Feds are absolutely necessary in “saving” cases; although not in this case at all. Remember how the Capano case cranked up and produced immediate results when the Feds took over from the State AG? There was the “feeling” by the community that the State AG’s office at the time was jerking around for 17 months, with no real results. That is not a knock against Wilmington Detective Donavan who worked his butt off. Some insiders had the opinion that he was being “handcuffed” by what looked like delay tactics by a lethargic State AG’s office, which was filled with friends of Capano. Remember the trial testimony of Assistant AG Keith Brady (no relation to Jane)? He was in charge of the case for the State….unfortunately, he was also in charge of his own body part which, on at least on one occasion, was intended to be used for the pleasure of a Capano “girlfriend” (Debbie Mac). According to his own testimony, as I colorfully said on the radio (and for which I got a 2 week punishment suspension); “The Assistant State AG in charge of the Capano investigation was “dippong the wick with Tom Capano’s girlfriend”; in fact, I continued to say on the radio,, “He couldn’t get the wick stiff enough to dip—due to excessive alcohol intake.” Tom Capano, according to court testimony, was observing through a window, and was no doubt very dissapointed since the failure of Brady to “perform” militated against his monkey-spanking process…..if you know what I mean. Now really, did I deserve a suspension for that?

The bottom line in that case, is that the Feds HAD to save the case, in my opinion, otherwise Tom Capano might still be playing the matress mambo at the Motel 6 in New Castle,with his gaggle of less-than-beauties. But, enough of that little stroll down memory lane, let’s get back to this Dover case.

Letting the Feds handle a case like this is a plus for several reasons. The Federal Prosecutors are top notch, the best we have in the state, and the leverage held by the federal government when it comes to making “deals” at sentencing time is a lot more effective. The word “deals” sounds dirty, but it really isn’t. No one will be given a “break” by any “deal” offered by the Feds. It’s a “give and take”, by both the prosecution and the defense.

When it comes to getting guility pleas as part of the deal, the Feds have a lot of different prison facilities of varying degrees of punishment and/or, comfort. A cooperating defendant can make the case easier for the Federal Government, by means of pleading guility immediately, and maybe even “giving up” other people not yet known to be involved in the crime scheme; and maybe even volunteering to explain the weaknesses in the Finance Department’s system, which made the crime possible.
In return for that type cooperation, the Feds are more likely to guarantee a “nicer” prison facility; maybe located closer to the defendant’s family, for visiting purposes. It’s a win-win situation. The money saved by the federal governmet for not going to trial is a plus. The information and cooperation of the accused person, and the time saved and money saved by not having a protracted investigation, are also a plus for the government, and the tax payer. Obviously, the concessions stated above will result in a plus for the defendant. The sentencing “deal” will also act as an example for other defendants who might be willing to cop a plea and spill their guts in future cases; for a nicer incarceration stay. But, let’s not forget that jail is jail;…no matter how much green grass surrounds the walls.

One thing is for certain; no such positive “deal” making is possilble in our STATE system. In a backward, archaic system like ours, a person who is $200 behind in support payments is sentenced to months in our maximum security prison, with a cellmate who murdered his family (true case). No one benefits in our Delaware State system. YOU will pay between $54 and $84 a day for men or women who committed crimes often worthy of probation in any other state.

U.S. Attorney Colm Connolly will do his well documented effective job, and will make this State case go through the federal system with the best results…you can count on that.

In fact, this brings up another issue….the Wagner-to-Connolly combination in corruption cases, has always achieved the best, quickest,and least costly, positive results.
What is NOT generally known is WHY Auditors like to go that root, without first stopping at the local State AG’s office.
Tom will not, and should not, admit this…and he may even deny it; and that’t OK. I understand the politics and the reality of the “Delaware Way”, and our criminal justice system, well enough be sure of these next statements. One reason for bypassing the State AG is to avoid the possibility of, or the percepetion of, political pressure with regard to criminal cases of corruption. If a State AG’s office gets a case from the Auditor, (I use the word “Office”, because the names have changed over the years, but the office function hasn’t) there can be political problems on the State level. Many cases that the Auditor sends to the State AG, often do not get the attention and the results that the Auditor believes they should, given the evidence which the Auditor provides. The Auditors seem to get better and quicker results when they ask for direct participation by the U.S. Attorney. And this goes for Auditors and U.S. Attorneys in general, both here, and around the country. After 30 years in this State, I cannot remember a case going from the State Auditor directly to the U.S. Attorney which did not receive the appropriate actions….usually with convictions or guilty pleas. Yet, I can remember many cases going from Auditors to State Attorney Generals and NOT getting any action. This 30 year general rule has included about 5 State Attorney Generals and several Auditors. Be that as it may, this one is going to work out, congratulations to Tom Wager’s office, and of course, to U.S. Attorney Colm Connolly.
Whadda Ya Think?




    […] ruhi wrote an interesting post today.Have a look for your self, Here’s an excerpt, read the full story at the blog… by means of pleading guility immediately, and maybe even “giving up” other people not yet known to be involved in the crime scheme; and maybe even volunteering to explain the weaknesses in the Finance Department’s system, … […]

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