Fumo's lawyer fights move to disqualify him

Defense attorney Richard A. Sprague yesterday urged a federal judge to conduct an evidentiary hearing on a prosecution motion to disqualify him and his firm from representing State Sen. Vincent J. Fumo, calling the move tactical, prejudicial, and part of an effort to "smear defense counsel."

Sprague's 22-page response to the government's April 5 motion to disqualify him and lawyers for a codefendant did not specifically rebut the conflict-of-interest allegations of Assistant U.S. Attorney John J. Pease.

Sprague discounted the allegation's merit and argued that Fumo had a constitutional right to be defended by a lawyer of his choosing and could waive his right to any possible prejudice because of the purported conflicts.

"While Sen. Fumo takes issue with the timing, motivation and factual basis of the government's motion," Sprague's response reads, "he nevertheless recognizes that a court's ...