Assistant U.S. Attorneys John J. Pease and Robert A. Zauzmer want a federal judge to resentence Fumo to at least 15 years - triple his current sentence for fraud and corruption.
They said the e-mails, taken from Fumo's last six months in prison, show him to be "unchanged, convinced that he committed no crime, wholly unrepentant, virulently hostile towards the prosecutors and all other law enforcement officials. ..."
The prosecutors said that they recently obtained the e-mails and that Fumo, as a prisoner, was well aware that the material would not necessarily be kept private.
In one message, Fumo talked about "this whole nightmare of my case. I never hurt anyone in my life. There were no victims."
"But because of who I was and the jealousies that swirl around my success and power, I was targeted. In the end, I got convicted of technical b-s-. But the press started a feeding frenzy that still has not subsided."
He called the federal jury that convicted him on every count in 2009 "dumb, corrupt, and prejudiced."
The e-mail was sent to Fumo's lawyers, his fiancee, and others.
Fumo's lawyers filed a short brief late Friday urging U.S. District Judge Ronald E. Buckwalter to reinstitute the 55-month sentence he imposed two years ago. They said Fumo deserved leniency because of his age and poor health.
They described Fumo as someone who, "despite his faults, was preoccupied to an extraordinary degree with helping others at any scale and never turned a deaf ear or a blind eye to a worthy cause or a person in distress."
Though the prosecution filed its brief first, the defense's 14-page filing made no mention of the e-mails. Peter Goldberger, one of Fumo's lawyers, said court rules barred it from responding immediately.
In a filing last month, Fumo's lawyers also urged Buckwalter in similar terms to reinstate the controversial sentence.
