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Anderson sentenced 5 years on corruption charges

by Bill McAllister
Monday, Oct. 15, 2007

ANCHORAGE, Alaska -- Tom Anderson is headed to federal prison for five years.    

The former lawmaker is the first to be sentenced in the federal government's public corruption probe.

The sentence was harsher than the defense asked for and not as tough as prosecutors wanted. Either way, it means that Anderson loses half a decade of freedom.

Anderson was convicted in July of conspiring to take $26,000 in bribes in exchange for his influence on matters concerning prisons and halfway houses, part of a sting operation set up by the FBI.    

At the time, Anderson said federal prosecutors were criminalizing being a legislator.    

But last week, Anderson admitted in court filings that he had done wrong, and today he plainly said so, telling Assistant U.S. Attorney Joseph Bottini that Bottini was wrong to suggest he isn't remorseful.

"I know I have to go to prison. I know that I have let my state down. All I can ask you is to recognize that I know -- you're wrong, Joe, I do get it. I think the measure of a man is not in times of plenty, it's in times of adversity," Anderson said. "All I can say and I promise to you, the one promise I make is that I will not let my state down or my family down again and you will never see me in this court or before you with these accusations."    

While defense attorney Paul Stockler said three years would be sufficient punishment, Bottini was pushing for more than eight.

"The damage that has been done by this is inestimable. Part of what we have to do here is to do whatever it takes to restore the public's faith in the system. When it comes down to what you're going to do as far as a sentence in this case, they're going to looking at that," Bottini said. "This is serious stuff. They have to know that it is serious, and that when people are caught, selling their public office, they're going to be punished and they're going to be punished to the extent that they deserve."    

U.S. District Court Judge John Sedwick signaled that he hoped a sentence of five years would have a deterrent effect.

"I don't have a great deal of concern about Mr. Anderson violating the law in the future. But I have a very considerable concern for sending a message to the community that we can't tolerate the kind of behavior in which he engaged. What he did, and what maybe others have done, is effectively to sell the public trust," Sedwick said.    

While Anderson says he's sorry, the harsh reality is that he still must do the time.

Defense attorney Paul Stockler characterized the difference between three years and five years as the difference between Anderson walking his infant son to kindergarten or to second grade.    

Anderson's wife, state Sen. Lesil McGuire, was among family members who attended the sentencing.    

While Anderson remained stoic, she wept after the judge announced his decision.

It's up to the bureau of prisons to decide where Anderson will go to prison. The judge is recommending a facility in Oregon. He would go there as soon as the decision is made. Stockler said he's been led to expect that decision in 30 to 60 days.

Anderson initially cooperated with the FBI and wore a wire in the summer of 2005. There was conflicting testimony about why he quit. The defense said it's because he wouldn't agree to do it during the 2006 legislative session.    

The prosecution said Anderson sought to renege on an agreement that he would plead guilty to at least one felony.

At the Legislative Information Office, reaction to the sentence was mixed.

Anderson's former colleagues are generally saying that while five years is a tough sentence, it's also appropriate.

Speaker of the House John Harris hopes the sentence sends a message.

"I think the message is sent, I hope it's sent loud and clear to all of us both Democrats and Republicans alike that influence-peddling to legislators won't be allowed or won't be condoned," said Harris, R-Anchorage.

Sen. Con Bunde had a similar reaction.

"I'm guessing that this is probably very severe because the judge wanted to send a message to other people that were involved. That the federal government is taking this very seriously," said Bunde, R-Anchorage.

Sen. Johnny Ellis hopes lawmakers will clean up their act.

"I think it's a message to clean up our house. And there's a role for the public, the voters, and there's a role for the press, and there's certainly a role for the governor and the legislators to do more to clean up the politics of Alaska," said Ellis, D-Anchorage.

Rep. Harry Crawford said no matter how harsh the sentence is, it is necessary.

"That's a long time to be away from your family. I feel like this is really an unfortunate but necessary step in putting this all behind us. So we can start trying to gain the trust of Alaskans back for the legislature," said Crawford, D-Anchorage.

Lawmakers go into special session Thursday on oil taxes, the subject of a separate part of the public corruption probe.

Contact Bill McAllister at bmcallister@ktuu.com