Today, Federal District Court Judge Henry Wingate issued an order denying a motion for release pending appeal by John Whitfield. Whitfield was convicted along with Judge Wes Teel and lawyer Paul Minor in 2005.
From his order
The defendant raises a dozen issues which he contends will offer the Appeals
Court substantial questions of law to consider: (1), failure to instruct quid pro quo); (2),
failure to reverse numerous critical evidentiary rulings; (3), failure to dismiss charges
under Title 18 U.S.C. § 666; (4), failure to instruct the jury that criminal intent had to be
proved by the Government; (5), limiting cross examination of the witness Salloum; (6),
allowing Government witnesses to testify as experts; (7), failure to dismiss the various
indictments for prosecutorial misconduct; (8), allowing jury to take an unredacted copy
of an indictment into deliberations; (9), failure to dismiss for selective political
prosecution; (10), error in admitting a summary chart into evidence; (11), denial of
several speedy trial motions; and (12), imposition of an unreasonable sentence.
In various pre-trial and post-trial motions, this court has denied the defendant’s
motions for dismissal, for judgment and for new trial on some of these issues,
concluding that, viewed favorably to the Government, the evidence supported the
verdict rendered. In light of what the defendant presents in support of his request to
be released, this court must adhere to its previous rulings. Additionally, this court
holds that the defendant has not demonstrated a substantial question of law or fact
under the standard explained in Valera-Elizondo. Finally, this court is not persuaded
that the defendant has submitted any substantial question of law which would result in
reversal or a new trial on all counts for which the defendant has been sentenced to
prison. Therefore, the motion of the defendant to be released pending appeal
[Docket No. 755] is denied.
SO ORDERED, this the 13th day of July, 2009.