E.C. racketeering case cleared for trial
BY PATRICK GUINANE
pguinane@nwitimes.com
317.637.9078 | Saturday, June 28, 2008
Moody dismissed arguments by Pastrick and other defendants, who said the case against them was so weak it shouldn't go to court. But Moody also threw out most of the motions made by Indiana Attorney General Steve Carter, who argued the Pastrick administration displayed an undisputed pattern of corruption that undeniably harmed city taxpayers.
The ruling, which means the four-year-old lawsuit now will move before a jury, elicited applause from both sides of the case and triggered a political challenge in the race for Indiana attorney general.
"I'm happy with the decision because the attorney general seemed to think it was a slam dunk, and the judge said, 'No, you're going to have to prove this,'" said Pastrick attorney Michael Bosch.
Carter also declared victory. He filed the 2004 civil suit in an attempt to hold the longtime Democratic mayor and other East Chicago officials responsible for more than $24 million drained from city coffers in a 1999 sidewalks-for-votes scheme.
"The court has unequivocally denied the motions of two primary defendants to have the case thrown out on legal grounds," Carter, a Republican, said Friday. "This is a major step forward in the fight against public corruption and in restoring public confidence in local government in Lake County."
Deputy Attorney General Greg Zoeller, who is seeking to succeed Carter, seized on the ruling. He called on his Democratic opponent, Indianapolis attorney Linda Pence, to match his vow to carry out the East Chicago case if elected attorney general.
"My question is whether this doesn't make it clear that she would have a duty to move forward," Zoeller said. "It's not a question of reconsidering (anymore)."
Pence, a former U.S. Department of Justice attorney, continued to insist she cannot make a pronouncement on the East Chicago lawsuit -- or any other case before the attorney general office -- without first seeing all the evidence.
"That is a very unfair question (by Zoeller) because without reviewing the file, I can't answer," Pence said Friday. "If I review the file and there is a case against Bob Pastrick, no one would be better than me to work on that. I do not, will not, and never have tolerated public corruption. Never."
Pence went on to question whether Zoeller can match her 34 years of courtroom experience. And she questioned why it has taken Carter more than eight years to bring to trial a public works scheme first disclosed in a 2000 state audit.
Pence previously represented Rieth-Riley, a paving firm that two years ago paid $625,000 to settle claims it colluded with East Chicago officials in an attempt to legitimize the paving spree that preceded Pastrick's last re-election victory. Indiana Republican Party Chairman Murray Clark pointed to that defense work in the case as evidence Pence would abandon the financial pursuit of Pastrick, an icon among Hoosier Democrats.
"It's time for Linda Pence to be forthright with Hoosiers and admit she will not continue this important fight against public corruption," Clark said Friday in a statement.
"Public corruption is not political," Pence responded. "I don't care if anyone is a Democrat, Republican or anything. If someone commits public corruption, I will go after it."
Times staff writer Joe Carlson contributed to this report.
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