Phil Hamilton sentenced to 9½ years for bribery, extortion

RICHMOND

Former state Del. Phil Hamilton, once among the General Assembly's most influential members, was sentenced to 9-1/2 years in federal prison Friday for bribery and extortion.

The sentence by U.S. District Judge Henry E. Hudson was shorter than federal prosecutors had sought but longer than Hamilton's attorney requested.

Prosecutors said that in 2006, Hamilton, a Newport News Republican, began soliciting a paid position through Old Dominion University with a teacher training program for which he helped secure $500,000 in state startup funds the following year.

He was given a $40,000 annual salary as director of ODU's Center for Teacher Quality and EducationalLeadership, a title he held for about two years until the arrangement was exposed by The Virginian-Pilot.

Hamilton, 59, was ordered to surrender to federal authorities by Sept. 19 to begin his sentence. His attorney said Hamilton will appeal the verdict.

During an emotionally charged hearing that lasted more than two hours, Hamilton's defense presented a series of character witnesses who testified about his career accomplishments, including his work on behalf of the mentally disabled.

In advocating for leniency, Andrew Sacks of Norfolk cited those testimonials as well as Hamilton's lack of a criminal record and the toll the case has taken on his life.

"I would submit on the scale of bribery cases, this is on the opposite end of the scale from what is egregious," Sacks told the court, noting the outcome has "been a complete and utter catastrophe for him from where he was before, and that's before the imposition of sentencing."

Federal prosecutors conceded that much of Hamilton's life has been dedicated to public service, a fact that government lawyer David Harbach II said "underlines perfectly how sad this whole thing is."

"The conduct that he... chose to undertake eviscerated that, shredded it," he said of Hamilton's reputation.

After weighing those arguments, Hudson imposed a 114-month sentence. He called the ruling "the toughest decision I've made in my 13 years as a judge," but said Hamilton betrayed the people who elected him and "put a stain" on Virginia's legislature.

The Justice Department had asked for a sentence range of 12-1/2 to 15-1/2 years, while Sacks recommended less than 6-1/2.

Hamilton was found guilty in a May jury trial, becoming the first Virginia lawmaker in decades to be convicted on criminal charges related to the performance of legislative duties. With good behavior, he could be released in about 7-1/2 years, Sacks said.

Hamilton's arrangement with ODU was the subject of a state ethics investigation that stalled when he resigned from the House of Delegates after losing his re-election bid in 2009, ending his 21 years in the General Assembly.

For much of Friday's hearing, Hamilton sat beside Sacks, often resting his chin on his hands as he stared ahead at Hudson.

When he rose to address the court, Hamilton spoke haltingly, his voice choked with emotion.

He apologized for his conduct, saying the fallout from the negative publicly cost him his career, resulted in his wife losing her job and ruined his finances to the point he's had to declare bankruptcy.

"I ask the court to consider a sentence that allows me to work... to take care of my wife and stepdaughter," Hamilton said.

His current job is at the Kiln Creek Golf Club and Resort pro shop in Newport News, where he earns about $10 an hour.

A poignant moment in the hearing came when club owner Dick Ashe testified that Hamilton eats discounted hot dogs every day at work "because he can't afford better," a comment that elicited sobs from members of Hamilton's family.

Others who spoke on Hamilton's behalf included former state Dels. Jack Reid and Richard Fisher, and Newport News City Council member Patricia Woodbury.

After the hearing, Neil MacBride, U.S. attorney for the Eastern District of Virginia, said he hopes Hamilton's conviction will serve as a reminder to other elected officials that they're "sent to Richmond to do the people's business, not to line their own pockets."

When Hamilton left the courthouse with his wife, Kim, he told reporters he's "surviving day by day" and will continue to work at the golf club until his sentence begins - and, apparently, continue to eat hot dogs.

"Mustard and onions," he said when asked about Ashe's anecdote.

"That's what it's been. It's what it's been reduced to."

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com