Posted on 08/09/2002 3:37:04 PM PDT by PJ-Comix
YOUNGSTOWN — James A. Traficant Jr.'s lawyer wants the 6th U.S. Court of Appeals in Cincinnati to overrule a trial judge's order that denied the imprisoned ex-congressman bond pending appeal.
In a 29-page motion filed with the appellate court, Columbus lawyer Percy Squire argues that Traficant is not a flight risk and poses no danger to the community. Squire said the issues that Traficant has raised — flawed jury selection and double jeopardy — are likely to lead to a new trial "or his discharge without further punishment."
Traficant objected to not having jurors from Mahoning, Trumbull or Columbiana counties. He believes that expulsion from the U.S. House of Representatives was punishment enough and that his prison sentence represents double jeopardy.
Original decision
In remanding Traficant to custody on July 30, U.S. District Judge Lesley Brooks Wells concluded that Traficant had violated the conditions of his bond and does represent a flight risk. The 61-year-old Poland man is serving his eight-year sentence on corruption and tax convictions at a federal prison in White Deer, Pa.
Judge Wells, in her decision, gave examples of threats Traficant made about what he would do to FBI agents and how he refused to allow a home inspection or provide the whereabouts of his firearms.
Squire said comments made on the House floor are protected speech and Traficant has become famous for theatrical diatribe without threat of unlawful conduct. "His antics on the floor of Congress are protected as well as any theatrical statements he has made on television or to other media," Squire said.
The judge also cited Traficant's refusal to provide financial information, his unauthorized trip to Pennsylvania to interview a prosecution witness, and a comment he made near the end of trial about not returning to her court.
Squire said the judge did not consider the totality of the circumstances. He said Traficant never missed a court appearance, was not convicted of crimes of violence and has been a lifelong resident of Mahoning County.
The unauthorized trip to Pennsylvania, Squire said, was the only time Traficant departed from the terms of his bond conditions in 14 months. Traficant had been placed on $50,000 unsecured bond when indicted in May 2001.
Squire said Traficant's overall conduct reflects "a record of compliance, not defiance."
Traficant, as a Congressional candidate in the Nov. 5 general election, needs to remain in the area in order to seek election, Squire said in his motion. It is highly unlikely, Squire said, that a well-known figure seeking election in the 17th District would attempt to flee.
Traficant is getting worse treatment than a lot of murderers out there. BTW, does anyone on this forum STILL think Traficant isn't being railroaded?
I know he is no Saint but I feel the jury didn't have ALL the evidence. I don't think Traficant got a fair trial. OTOH, he DID act as his own lawyer and I think that cost him as well.
I feel sorry for the guy but this is a reach.
I feel sorry for the guy but this is a reach
Its not a reach he should never have had to be expelled they have no evidence Dorkachelli on the other hand was caught and admitted to the wrongding and got a whack on the pee pee and sent to his room wheres the justice in that
Is this woman serious? Does she really think that a 61-year-old man is going to go and mow down FBI agents with an undocumented assault rifle? Mr. Traficant poses virtually no threat to anyone. I mean, the man was convicted of bribery and corruption, and he's lost the public office from which to further commit these crimes.
This refusal to allow him to go out on bail, and her sentencing him to more time than the government recommened, seems to indicate that this judge may have a personal bias, or an axe to grind. Or, possibly, this judge is just disgusted with corruption in high office and wants to make an example out of the former Congressman. Either way, he still poses little threat to society anymore.
And, seriously, doesn't everyone think that depriving the poor man of his 'hairpiece' (to put it lightly) is punishment enough?
Or to line her pocket with money via her husband's business dealings with the chief prosecution witness. This is a case that is SCREAMING to be overturned on appeal. Meanwhile lots of cases or overturned on mere technicalities. This case needs to be overturned because of OBVIOUS abuse (and corruption) of Justice.
You are darn right he was railroaded! Excellent editorial by one of our own (a fellow Freeper)pretty much tells the story
Tom Adkins
Also, here is a poll on Traficant that needs Freeped
Should James Traficant be allowed out of jail on bail pending his appeal?
Results
No. 47%
Yes. 36%
Not sure 16%
Well said, PJ.
The whole government is nothing but a shell-game sham. One ruling political elite predending to be on different side and us saps cheering on one side or the other. And as long as we are cheering, they are happy.
Your rights are continually being taken away. The constitution is now a worthless shred. You are taxed over half of your income. And a guy that stands up to tell you about it is run out of office and thrown in jail.
Does this sound like America? Change the spelling to Amerika and you are closer to reality. Saps, were all saps.
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