Published January 25, 2011

Chuck Turner, whose career in public service swiftly ended with a corruption conviction, will serve three years in federal prison.

Chuck Turner (WBUR)

Turner, 70, must also serve three years probation. He was convicted in October 2010 of accepting a $1,000 bribe from an FBI informant and then lying to the authorities. He is to forfeit the $1,000.

U.S. District Court Judge Douglas Woodlock on Tuesday ordered Turner to report to prison in 60 days, on March 25.

“It is the obligation of every elected official to be ethical and honest, and in this case, Mr. Turner was neither,” said U.S. Attorney Carmen Ortiz in a statement.

“Public corruption is more than a violation of the law, it erodes the public’s trust in the very system that was designed to protect us.”

Turner said he would appeal.

Undercover video footage, obtained by WBUR, showed the FBI informant, Ron Wilburn, passing something green, presumed to be money, to Turner.

At trial, Turner said he did not remember the 2007 exchange.

Turner’s sentencing was something of a “trial within a trial,” as prosecutors raised new charges of perjury before the judge. When Turner took the stand in his own defense, the government argued, he lied about his meeting with Wilburn. The judge agreed.

Turner again insisted his prosecution was racially motivated. Ortiz, the U.S. attorney, called that claim outrageous.

Turner’s prison sentence invalidates his lawsuit against the Boston City Council, which he filed after being expelled from the board in December 2010. Under Massachusetts law, incarcerated felons may not hold public office.

Prosecutors had recommended a sentence of 33-41 months. Turner had asked for probation but no prison time.

Former state Sen. Dianne Wilkerson, who was arrested in the same operation, pleaded guilty to accepting at least $23,500 in bribes. She will serve 42 months, or three-and-a-half years, in federal prison.

This is a developing story. WBUR’s David Boeri, at the federal courthouse, contributed reporting.

Published January 25, 2011

Sen. John Kerry, himself a hunting enthusiast, is taking steps to strengthen national gun laws after the mass shooting in Tucson.

Sen. John Kerry

Legislation announced Tuesday would ban the possession or sale of high-capacity magazines. On Jan. 8, alleged Arizona shooter Jared Loughner is said to have used the magazine to fire 30 shots before stopping to reload.

Another  provision would ban firearm purchases at gun shows without a background check and would require registration of gun show promoters.

Said Kerry:

As a lifelong hunter, I know that no one is going to mess with the constitutional right to bear arms, but rights come with responsibilities, and criminals and the mentally unstable do not have a right to avoid background checks or carry military style assault weapons.

Massachusetts’ senior senator co-sponsored the legislation along with gun-control advocate Sen. Frank Lautenberg (D-N.J.).

Local advocates are looking to President Obama to endorse some kind of gun control legislation in tonight’s State of the Union.

“The president has to set the tone, the goals, the programs, regarding eliminating illegal guns,” said New Bedford Mayor Scott Lang, who is also president of the Massachusetts Mayors’ Association. “I also think that, you know, the first order of business is for everyone to rally around the prohibition on the extended clips.”

Earlier:

• Tucson Shootings Revive Calls For Tougher Gun Laws

Published January 25, 2011

Chuck Turner (WBUR)

On this day of sentencing for ex-City Councilor Chuck Turner, WBUR’s David Boeri reports on an angle that has caught my attention: Why is the government essentially punishing Turner for pleading not guilty?

In his federal corruption trial, Turner took the stand in his own defense, despite his attorney’s pleas to the contrary. Along the way Turner launched a campaign to shame the government for its efforts — as he saw it — to “target and eliminate black officials.” Turner called the FBI an “evil institution.”

From the government’s sentencing recommendations:

While his public campaign has pandered to a few faithful supporters, he could hardly have done more to promote the public’s cynicism about elected officials and to erode trust in the rule of law. His post-indictment conduct has amplified the crimes for which he was charged.  He has sought to undermine the integrity of the judicial process. As a result, Turner is uniquely undeserving of a downward departure or deviation.

In other words: Turner insulted the system, so he shouldn’t get off easy. The memorandum recommends up to 41 months in prison.

That’s the same sentence dished out to ex-state Sen. Dianne Wilkerson, who was busted in the same case on more substantial charges. The two personalities couldn’t be more opposite: She resigned her seat, pleaded guilty and begged a judge for mercy.

A defendant’s conduct does not determine his guilt or innocence, but oftentimes it does determine punishment.

What’s novel is that prosecutors now accuse Turner of perjury for testifying he did not remember meeting FBI informant Ron Wilburn, who handed Turner the fake bribe he was convicted of taking.

Boeri interviewed Boston defense attorney Harvey Silverglate:

“It is your constitutional right to plead not guilty,” Silverglate said. “What the government is doing in this sentencing memorandum is suggesting that Turner, for insisting he is not guilty, should be punished extra severely. That’s highly improper.”

[…]

Turner’s testimony was considered a disaster that led to his conviction. Prosecutors call it “perjury” and want the judge to punish and thereby “condemn Turner’s contempt for the court as an institution.”

“Well, the government claims it is perjury. However, it is perfectly understandable how somebody like Turner, who sees in some days dozens of people, would not remember seeing Wilburn,” Silverglate said.

Turner is asking for supervised probation, no prison time. That would let Turner proceed with his lawsuit against the City Council for expelling him from the board.

Chuck Turner might say the government is not playing fair — but at the end of the day, he is on the losing side of this war.