Moriarty Gets Fourth Delay in Sentencing

A federal judge Monday reluctantly agreed to postpone the sentencing of public corruption figure W. Patrick Moriarty for the fourth time in six months because of a continuing government investigation, but said that the chances are “very slim” that he will agree to any further delays.

“The court is not going to continue to postpone this,” U.S. District Judge William J. Rea told prosecutors and Moriarty’s lawyer. “There has to be a resolution. If you come in again and ask for a postponement the chances will be very slim of it being granted.”

Moriarty, who pleaded guilty in March to seven counts of mail fraud in connection with banking transactions and bribery of public officials, was originally scheduled to be sentenced June 10.

Jan Lawrence Handzlik, Moriarty’s lawyer, and Chief U.S. Assistant Atty. Richard E. Drooyan had asked Rea to delay the sentencing from Monday to Jan. 31. As the judge voiced his concerns about granting another postponement, Handzlik told him that Moriarty’s role in the investigation “should be over” by that time.

Cooperating in Probe

Moriarty, former manufacturer of Orange County-based Red Devil Fireworks, faces a maximum sentence of 35 years in prison and has been cooperating with the government in hopes of leniency. Responding to charges that the investigation has been moving too slowly, Handzlik said outside the courtroom that Moriarty has been fully cooperative as a government informant and blamed other factors for the delays.

“The investigation appears to be on track, although several factors have slowed it down,” he said. “For one thing, the government had intended to use three principal witnesses, (John E.) Pete Murphy (a former Moriarty aide who died of cancer in August), Richard Keith (another aide sentenced to four years in prison last month) and Pat Moriarty.

“Each of them independently corroborated the other,” Handzlik said. “However, Murphy is now dead and Keith has apparently destroyed his usefulness as a witness. That leaves Mr. Moriarty. Without Keith and Murphy as witnesses, the investigators have had to look to other sources to corroborate Mr. Moriarty. These sources include voluminous documents with respect to many transactions. This has greatly complicated the investigation.”

Because Rea had ordered the parties to appear in open court after the latest request for a postponement instead of routinely granting it, Moriarty was prepared Monday for the possibility that the judge might sentence him immediately. Watching as Rea urged the lawyers to finish their questioning of Moriarty were Moriarty’s wife and six children.

“How long does the court have to wait before this matter is concluded?” Rea asked.

Drooyan told Rea he does not expect to ask for any further delays.