The clock is ticking.
Erie County Councilman Ebert Beeman is scheduled to report to federal prison in Loretto, Pennsylvania on Monday. Beeman was sentenced to serve one year and one day on Social Security Fraud charges. However, Beeman's attorney, Jeffrey Del Fuoco, has filed an emergency motion in federal appeals court. He's asking for a stay on Beeman's reporting date, or for Beeman to be free on bond.
Del Fuoco hopes the court will act quickly.
"Well, I hope it's acted upon before the weekend, he said. "If not, then I think the way it would have to work is Mr. Beeman needs to show up on Monday down in Loretto, and he'll begin the processing. The court can act at any time between now and then and even after."
Beeman pleaded guilty to the fraud charges, but he now claims to have Asperger's Syndrome. The condition, he says, prevented him from understanding the plea deal, and from knowing his actions were wrong when committing the fraud. Beeman wants his guilty plea withdrawn and a trial.
But first and foremost, he wants to stay out of jail.
"Under the law, his employment as an Erie County Councilman would be undermined and it would create a disability in his employment. Given that, there is some language in federal statutes that allows for an appellant court to grant any type of relief that could alleviate that disability," Del Fuoco said.
Del Fuoco is working hard for Beeman. Many court challenges have been launched. Many setbacks have taken place. But, the attorney keeps his determination by focusing on the words of an old Dodgers baseball manager.
"Tommy Lasorda said it best. There's three kinds of players. There's the kind of player that makes things happen. There's the kind of player that watches things happen, and there's the kind of player that wonders what happened. I'd rather be the first kind of player," Del Fuoco said.
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