Wilkerson, Turner face conspiracy charges

Federal authorities added a count of conspiracy yesterday to the list of charges against former state senator Dianne Wilkerson and Councilor Chuck Turner, alleging in a new indictment that the two worked in concert in 2007 to extort money from a nightclub operator seeking a liquor license.

Beyond adding new charges against the pair - Wilkerson now faces nine felony counts and Turner faces five - the 17-page indictment did not describe any new evidence against either politician.

But the indictment of Turner prompted City Council President Maureen E. Feeney to launch the first phase of a council review that could ultimately lead to Turner's censure, a request for him to resign, or a vote to remove him from office.

Turner, scheduled to be arraigned in US District Court in Boston this afternoon, said in a telephone interview late yesterday afternoon that he had not been informed of the indictment. When told about the additional charge of conspiracy, he laughed.

"As I said before, I'm innocent of all charges, as will be proven in court," Turner, 68, said.

Wilkerson, a 53-year-old Democrat, pleaded not guilty Monday to eight of the charges and now must be arraigned on the conspiracy charge. She bowed to pressure from her Senate colleagues and resigned Nov. 19, the day after she was first indicted. She was arrested Oct. 28.

Her lawyer, Max D. Stern, said yesterday that he expected the new conspiracy charge, because an FBI affidavit that prosecutors released on Nov. 21, the day of Turner's arrest, had alleged a scheme with his client.

"I don't know of any evidence of a conspiracy between Dianne Wilkerson and Chuck Turner, but I'm not surprised that this is what the government alleges, because . . . it's always easier for the government to prove a conspiracy case," Stern said.

Prosecutors have greater leeway to present hearsay evidence at trial against a defendant accused of conspiring with another, said legal specialists.

Turner's lawyer, Barry P. Wilson, said his client broke no laws. "I don't know what they're talking about, conspiracy," he said. "He didn't attempt to extort anything from anybody. As to the statements to the FBI agents, that's a setup. To me, it's just a lack of real credibility in a case that they go out of their way to create something."

Wilson brushed aside a photograph released by federal authorities the day of Turner's arrest showing what they said was the councilor accepting a $1,000 bribe from a cooperating witness in August 2007. Wilson called it a "grainy photograph with an arrow" supposedly pointing to a wad of cash.

"I'm not convinced in any way, shape, or form that the photo depicts what they say it depicts," he said. "Mr. Turner did not commit any crime."

Wilkerson faces up to 20 years in prison, three years of supervised release, and a $250,000 fine on each of the nine charges she faces. Turner faces the same potential penalties on the extortion and conspiracy charges. If convicted of making false statements, he could be sentenced to up to five years in prison, three years of supervised release, and a $250,000 fine on each count.

While the government did not disclose elements of the alleged conspiracy yesterday, an affidavit it released at the time of Turner's arrest last month describes conversations and political strategizing between Wilkerson and Turner as they allegedly tried to obtain a license for the Dejavu nightclub in Roxbury.

Turner also allegedly invited the nightclub operator, Ron Wilburn, to his district office in Roxbury, where the alleged $1,000 bribe was paid, after speaking with Wilkerson, the affidavit said. Wilburn is known as CW, for cooperating witness, in the affidavit.

"Turner told the CW that he had spoken with Wilkerson and that Wilkerson had told Turner that the CW had been to visit her," the affidavit said. "Turner then invited the CW to visit him at his district office in Roxbury. The CW understood this call from Turner to be a solicitation for a cash payment, similar to the three cash payments he had already made to Wilkerson."

In response to the indictment, Feeney set into motion plans to appoint an "independent fact finder" who will recommend what action the council should take against Turner, if any.

"These added charges further shake the already fragile public trust," Feeney said. "I can only hope that working with my colleagues, we can begin to repair the damage that has already been done. As a colleague, I am incredibly saddened. As a public official, I am incredibly offended."

William F. Sinnott, the city's chief lawyer, told Feeney in a letter earlier this month that the council has the authority to remove Turner if a "dispassionate review of the facts" shows that he is unqualified to serve."

Turner, a five-term councilor, has given no indication he intends to step aside. Rather, he has waged a full-throated public defense of his character and railed against critics.

City Councilor Michael P. Ross, who is expected to take over as president of the council in January, said that in light of the indictment, he supports Feeney's decision to move forward with disciplinary proceedings.

"This is distracting the city from the very important work that we need to do," including the economic crisis, Ross said. "I think we have to move quickly and get these matters behind us."

Councilor John M. Tobin Jr., who had resisted calls for action against Turner, also supported Feeney's actions, citing yesterday's indictment. But Councilor at Large Sam Yoon said it was premature to take action against Turner, a longtime ally.

"All citizens are entitled to the presumption of innocence and the right to due process in our judicial system," Yoon said in a statement. "These are our fundamental protections against lawlessness, by the state as well as by other citizens."

Andrew Ryan of the Globe staff contributed to this report.