
HARRISBURG -- A Dauphin County Common Pleas Court judge has sent a strong message to anyone who might be tempted to use public funds illegally to promote a political campaign for the state House or Senate -- don't do it, unless you want a stiff prison sentence.
Brett Cott, a former House Democratic staffer, was on the receiving end of that message Friday, the first defendant in the Bonusgate scandal to be sentenced. He was given 21 to 60 months in prison by Judge Richard Lewis.
A jury had found Mr. Cott guilty on three felony charges: conspiracy, theft of services and conflict of interest. Besides the time in state prison, the judge also imposed fines totaling $11,000 and told Mr. Cott to make restitution to the state of $50,000.
The judge said Mr. Cott had been found guilty of spending most of his taxpayer-funded time as a House staffer from 2004 to 2006 "orchestrating and masterminding political activity" on campaigns in Western Pennsylvania, which is illegal.
The judge said "public money was used like Monopoly money to run campaigns. Some potential candidates were scared off by this taxpayer-funded juggernaut. The public was also victimized. The offenses involved a clear violation of the public trust. [Mr. Cott] fostered a vast, illegal campaign culture."
Immediately after sentence was imposed, Mr. Cott was hustled off to the Dauphin County Jail and will be transferred to the State Correctional Institution Camp Hill, state officials said. His wife, Teresa Candori, declined to comment as she left the courtroom.
Present at the sentencing was former House Democratic Whip Mike Veon of Beaver County, who faces sentencing of his own this summer on numerous Bonusgate convictions. He also declined to comment.
Judge Lewis rejected a plea by Bryan Walk, Mr. Cott's defense attorney, that his client be given probation and no jail time, and be allowed to return to his new home in New York with his wife and stepson. Mr. Walk said his client already has suffered greatly by being convicted of three crimes and will find it difficult to get a job. Mr. Walk said he will appeal the convictions and the harshness of the sentence.
Mr. Walk sharply criticized Attorney General Tom Corbett's office, which brought the charges, claiming that the prosecution of Mr. Cott was political, since Mr. Corbett is a Republican (and the GOP candidate for governor this year) and Mr. Cott was a House Democratic employee. He said that whatever infractions Mr. Cott may have committed were minor and "have been done in the Pennsylvania political system for 100 years."
Mr. Walk also noted that the jury had acquitted Mr. Cott on almost all the charges that Mr. Corbett had brought against him -- 39 of the 42 charges. However, Judge Lewis said the three offenses were serious and deserved time in state prison, adding that probation was not an option because that "would demean the seriousness of the crimes."
State prosecutors said that a sentence of 18 to 44 months for the three convictions was appropriate under state sentencing guidelines. They called Mr. Cott's offenses "aggravated," contending he'd seriously misused taxpayer dollars in running many political campaigns.
"His criminal conduct encompassed and infected a minimum of 20 campaigns," the attorney general's office said in a pre-sentencing memo. "Criminal involvement in one campaign could have been sufficient for a conviction of the charged offenses. Thus, there is immediately a multiplier of 20 in the assessment of gravity enhancement for sentencing purposes."
The memo states that Mr. Cott's "criminal scheme" of getting public funds while working on politics "was not limited to one, or even a few, aspects of the campaigns. It was all-encompassing. Defendant and his cohorts essentially took over [legislative] campaigns, directing and participating in every campaign component."
The state said Mr. Cott did illegal work "on the campaigns of Fred Vero, [retired Rep.] Thomas Tangretti, [state Sen.] Wayne Fontana, Kim Tesla, Joe Schafer, Chet Orelli and others."
In addition, the state said, Mr.Cott had "unlawful involvement" in 14 other campaigns, including those of Rep. Chelsa Wagner and former Rep. Shawn Flaherty.
In November 2006, Democrats wrested control of the state House from Republicans for the first time in 12 years.
Deputy Attorney General Patrick Blessington told the judge that Mr. Cott, from 2004 to 2006, was paid a salary of $223,000 plus bonuses of more than $39,000 for doing political work.
His voice rising, Mr. Blessington said, "This defendant was consumed by campaign work. He got bonuses of over $39,000. He was arrogant. He was stealing the taxpayers' money. It's a crime."
Mr. Cott, he said, is a "recalcitrant, remorseless defendant and has shown no contrition."
Mr. Walk fired right back, calling Mr. Cott's trial "a political process set out by Tom Corbett, who wants to be governor."
Prosecutors and the defense attorney, naturally, had widely different reactions to the stiff sentence. It "sends a loud and clear message that this kind of activity [illegal use of taxpayers funds for political campaigns] will not be tolerated, and people will pay for their crimes," Mr. Costanzo said.
Mr. Walk, however, said he was shocked and disappointed by the severity of the sentence.
"There are drug dealers and violent offenders who don't get that much time," he said. "We didn't expect this. The sentence is excessive and unnecessary."
He said that Mr. Cott had no previous arrests or convictions.
Mr. Walk complained that the judge seemed to have decided on the sentence even before the hearing was held Friday. "He read prepared remarks" as to the sentencing, Mr. Walk said, apparently not paying much attention to the defense attorney's lengthy speech about what a hard worker and good person Mr. Cott is.
Mr. Cott chose not to say anything to the judge on his own behalf, but Mr. Walk said that wouldn't have changed anything. "It was clear that he [the judge] had made his mind up," Mr.Walk said.
INSIDE
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