Source:
Jackson Free PressMore Judicial Horseplay?
Paul Minor says Judge Henry Wingate piled on extra prison time—after making it easier for the feds to convict him.by Adam Lynch
July 30, 2008
Imprisoned attorney Paul Minor is arguing in Fifth Circuit Court of Appeal filings that presiding U.S. Southern District Court Judge Henry Wingate showed bias against the defense in his 2007 trial by changing his jury instructions from his earlier 2005 trial, and by ordering that evidence be removed from the 2005 trial that had stalled the jury’s guilty verdict in that case. U.S. Attorney Dunn Lampton retried Minor on federal corruption charges after he failed to convince a jury in 2005 that Minor had bribed a judge. In the second trial, Wingate ruled out the necessity of proving quid pro quo—that any money or services were actually exchanged with a judge, which would typically form the basis of proving bribery. The removal made it easier to get a conviction.
Wingate also increased Minor’s sentence after his conviction to 11 years, beyond federal guidelines. Minor’s appeal arrived in the wake of an April congressional report on the alleged politicizing of the U.S. Department of Justice under President George Bush and former White House adviser Karl Rove. Rove has ignored congressional subpoenas to testify under oath on his alleged tampering in federal investigations against Democrats.
The report, “Allegations of Selective Prosecution in Our Federal Criminal Justice System,” names incidences of possible political targeting against Democrats and Democrat fundraisers in Michigan, Georgia, Alabama, and—in Minor’s case—Mississippi. The U.S. Department of Justice refused Minor’s recent motion for release pending appeal on Monday. Minor argued that his wife is dying of cancer, with only months left to live, and that he would have already served the sentence Wingate would have imposed had be not extended it beyond federal guidelines.
Minor’s attorney Abbe David Lowell expressed regret at the Fifth Circuit Court’s decision, but said he was confident Minor would overturn the jury’s verdict because of the holes in the case. “I know we will overturn this verdict,” Lowell said, adding that Congress is right to scrutinize Minor’s trial and many others because of the DOJ’s unethical machinations in the cases.
Read more:
http://www.jacksonfreepress.com/index.php/site/comments/more_judicial_horseplay_073008
Larisa Alexandrovna from July 22:
http://www.alternet.org/bloggers/www.alternet.org/92306Help Free Paul Minor, Another GOP Political PrisonerPosted by Larisa Alexandrovna, AlterNet at 12:55 AM on July 22, 2008.
Former anti-tobacco lawyer in jail for political bribery awaiting appeal while wife is very ill from cancer.
Editor's note: RawStory.com investigative reporter and editor Larisa Alexandrovna is urging readers rally behind releasing former attorney Paul Minor on bail to help care for his sick wife during appeals of a bribery conviction that he claims was politically motivated.
Minor, 62, built a national reputation and became wealthy by suing tobacco, asbestos and other companies. He was convicted in March 2007 of bribing two judges and sentenced to 11 years in prison.
Minor is asking the 5th U.S. Circuit Court of Appeals in New Orleans for a new trial. He accuses the federal government of selective prosecution, saying he was targeted by Republican prosecutors because of his large contributions to Democratic Party causes.
Minor's bond request says the conviction likely will be overturned, but it may be too late for him to be at his wife's side.
Alexandrovna writes:
"(Former Alabama Governor) Don Siegelman is out now, but others are not, including Paul Minor. His wife is dying of cancer and he cannot even get out on an appeal bond (just like Siegelman). I ask that you try to help Paul Minor the way you have so kindly been helping Don Siegelman. If you have the time, please write a letter of support to Mr. Minor, who is in prison because of his politics and whose life has been destroyed simply because Karl Rove targeted him. While Mr. Rove is refusing to testify, Mrs. Minor is in the last stages of her illness. So time is of the essence. Congress is dragging its feet, but they can put pressure on the court to release Minor on appeal bond while they investigate these political prosecutions. She should not have to die alone and he should not have to know his wife is dying alone, while he sits in prison for being a Democrat. I know you think this may not concern you, but it does. It might be you in jail one day and who then will speak for you? I have reported on this long enough and collected enough evidence to know that these political prisoners are just that and from all walks of life, including everyday citizens who happened to commit the crime of peacefully protesting the Iraq war.