Ex-Va. gov sentenced to 2 years in prison for corruption

Nick Ochsner | WVEC-TV, Hampton-Norfolk, Va.

Show Caption Hide Caption Bob McDonnell 'deeply sorry' for mistakes as governor Former Virginia governor Bob McDonnell will spend two years in federal prison after asking for mercy Tuesday at his own sentencing hearing on public corruption convictions.

RICHMOND, Va. — Former Virginia governor Bob McDonnell, who asked a judge Tuesday for mercy for his wife and himself, was sentenced to two years in federal prison for public corruption.

McDonnell was convicted Sept. 4 of trading access to the power of the governor's office for more than $165,000 in loans and high-end gifts. Prosecutors had wanted him to spend more than 10 years in prison, but early in the four-hour hearing Judge James Spencer said federal officials misinterpreted the guidelines, contending the range was more like 78 to 97 months — 6½ to a little more than 8 years.

Then Spencer discarded the recommendations entirely but rejected the 6,000 hours of intensive community service that McDonnell's lawyers had suggested.

"It breaks my heart, but I have a duty I can't avoid," Spencer said in handing down the punishment. "Mrs. McDonnell may have allowed the serpent into the mansion, (but) the governor knowingly let him into his personal and business affairs."

Former Star Scientific CEO Jonnie Williams received immunity for testifying against the McDonnells. Williams, who was seeking state support for his company's nutrition supplements, gave the family lavish gifts including a $6,500 Rolex that McDonnell's wife presented to her husband as a Christmas present and loans that helped shore up the finances of two beach houses that McDonnell owned with his sister.

Spencer ordered McDonnell to report to prison by Feb. 9. McDonnell's wife, Maureen, is to be sentenced Feb. 20.

"I want to thank the court and Judge Spencer for the mercy he dispensed to me today," McDonnell said shortly after the sentencing. "I am a fallen human being. I have made mistakes in my life. ... But I have never, ever betrayed my sacred oath of office in any way while I served this great commonwealth."

He said he would appeal immediately.

The day before, McDonnell's lawyers filed a motion asking Spencer to allow the former governor to remain out of prison on bond pending the outcome of his appeal. The judge can reconsider or the 4th U.S. Circuit Court of Appeals could decide to delay McDonnell's incarceration.

"Any time an elected official is sent to prison, it sends a message," said the FBI's lead agent in the investigation, Adam Lee. "There's no victory lap. There's no celebration."

McDonnell is the first Virginia governor and the 12th nationally to be convicted of corruption, federal officials said.

The judge received almost 450 letters attesting to McDonnell's integrity. And McDonnell supporters, including former NFL standout Bruce Smith, McDonnell family members, McDonnell's wife and several lawmakers packed the courtroom.

"He's been punished enough," Speaker William J. Howell of the Virginia House of Delegates said in testimony. The Republican politician from Falmouth, Va., and the former governor have been friends for decades.

McDonnell's wife, tried at the same time as her husband, was convicted on nine of 13 charges filed against her. One of her convictions was later dropped. She sobbed as her husband left the courtroom.

Before the hearing, several charities offered McDonnell volunteer positions, including religious broadcaster Pat Robertson's Operation Blessing.

"If Bob McDonnell were buried in jail, … it would be like burying something of enormous value," William F. Horan, Operation Blessing's executive director, said in court, as recounted in The Washington Post's sentencing blog.

Each of McDonnell's five children — he has three daughters and twin sons — wrote letters on their father's behalf. Some told the judge that their mother made bad decisions and solicited money and gifts behind their father's back.

One of the McDonnell jurors said Monday that a lenient sentence would be a slap in the face to justice.

"Good people can do bad things," Robin Trujillo said. "We talked, we went through documents about the testimony and looked at all the evidence. It was just overwhelming."

She has been disturbed by all the letters seeking no prison term.

"It was not just some small little thing. It was major, and it went on for a very long time," Trujillo said. "It's never been about how nice you are. It's what you did, what you allowed to happen."

McDonnell once was considered a possible running mate for 2012 GOP presidential nominee Mitt Romney. McDonnell delivered the 2010 Republican response to the State of the Union Address and became chairman of the Republican Governors Association in 2011.

Throughout the trial and in the months since, McDonnell and his lawyers have argued that the laws under which he was convicted are unconstitutionally vague.

Most of the charges filed against the McDonnells stem from the Hobbs Act, which makes it illegal for public officials to take bribes.

Prosecutors contend that McDonnell took gifts from Williams in exchange for a continuing stream of favors and access. But at trial they acknowledged that they could not pinpoint one specific quid pro quo. Because of that, McDonnell's lawyers argue that their client should not have been convicted.

McDonnell's lawyers said their appeal will raise new legal questions that could have a major bearing on the outcome of his case.

"We will never give up in this case until justice is done." Henry "Hank" Asbill said.

Contributing: Peggy Fox and Joanie Vasiliadis, WUSA-TV, Washington; The Associated Press