Wilkes ordered released on bail during appeal

[cascadiance]

Source: San Diego Union Tribune

Ex-defense contractor may be out next week
By Greg Moran
UNION-TRIBUNE STAFF WRITER

March 29, 2008

A federal appeals court ordered former Poway defense contractor Brent Wilkes to be released from prison on bail while he appeals his bribery conviction and 12-year sentence.


Brent Wilkes was ordered freed on bail while he appeals his conviction.

In a brief order, a two-judge panel of the court said Wilkes had met both tests to remain free – he is not a threat to flee, and his appeal raises a substantial question of law or fact that is likely to result in a reversal of his conviction, a new trial or a lesser sentence.

Wilkes, 53, has been in custody for nearly five weeks since U.S. District Judge Larry Burns sentenced him Feb. 19.

He was convicted of bribing former San Diego Rep. Randy “Duke” Cunningham with gifts, trips, meals and cash in exchange for lucrative defense contracts. He also was found guilty of conspiracy, fraud and money laundering.
...

...

[lifesbeautifulmagic]

1. He was in jail for 5 whole weeks?

oh poor baby, and it didn't take a blog nation revolt to get the msm to pay attention, just probably a few phone calls from his very well connected friends.

And he probably had a written transcript the week after his trial, and he sure didn't get hauled off in chains, and wasn't transfered from prison to prison without access to his lawyer.

And he personally benefited from the proceeds of the "lucrative defense contracts", it sure didn't go for bettering our education system.

yeah, five weeks sounds about right. Republicans ARE scum.

[Frustratedlady]

2. What's that? A trade for Siegelman?

This is hard to believe. Five weeks? I wonder if he was also beaten?

[cascadiance]

4. I guess we should feel sorry for him that he's had to suffer more than Libby has had to...

[cascadiance]

3. Here's the channel 10 story on this that also just went up on this...

http://www.10news.com/news/15740618/detail.html

Man Who Brided Cunningham Could Be Released From Jail Next Week

POSTED: 9:36 am PDT March 29, 2008
UPDATED: 10:09 am PDT March 29, 2008



SAN DIEGO -- Former Poway defense contractor Brent Wilkes, imprisoned in Arizona for bribing former Congressman Randy "Duke'' Cunningham, could be released as early as next week, pending the appeal of his 12-year sentence, it was reported Saturday.

A two-judge federal appeals court panel ordered Wilkes released on bail, ruling that he was unlikely flee, and his appeal raises issues that could lead to the reversal of his conviction, a new trial, or a lesser sentence, The San Diego Union-Tribune reported.

Wilkes, 53, has been in custody for nearly five weeks since U.S. District Court Judge Larry Burns sentenced him Feb. 19.

Federal public defender Shereen Charlick, who filed the appeal for Wilkes, told the Union-Tribune her client could be out of custody as early as next week. The appeals court ordered Burns to hold a hearing to set Wilkes' conditions for release.

No one at the U.S. Attorney's Office in San Diego, which prosecuted Wilkes, was available to comment to the newspaper on Friday.

...

[cascadiance]

5. I like the way the media "buries" such stories like this until the weekend...

I'm sure that reporters really love this when their news isn't put out earlier... The Monterey Herald got this out before anyone else, and look how they put it on this page shortly after midnight this morning.

http://www.montereyherald.com/state/ci_8739437

I'm sure that's one reason why award winning reporters like Kelly Thornton took the recent Union Tribune paper buyouts after she was part of the group of reporters that broke the Carol Lam story a year ago...

http://www.voiceofsandiego.org/articles/2008/01/07/news/01buyouts010708.txt

[cascadiance]

6. Actually, some earlier articles on this were out though still later on Friday...

... with the typical let's release it when most people aren't paying attention.

http://weblog.signonsandiego.com/news/breaking/2008/03/brent_wilkes_free_on_bond.html

Mercury News looks to be the source for the earlier blurb on the Monterey Herald.

http://www.mercurynews.com/news/ci_8734246

KPBS just noted that he was going to get an appeal earlier.

KPBS Story

Audio link

Appeals Court Allows Wilkes to Appeal His Conviction
Mar 28, 2008
Amita Sharma

An appeals court says Poway defense contractor Brent Wilkes can move ahead with an appeal of his conviction. Wilkes has been behind bars since last month when a judge sentenced him to 12 years in prison for bribing former Congressman Randy Cunningham. KPBS Reporter Amita Sharma has more.

The Ninth Circuit Court of Appeals says Wilkes' appeal raises quote a "substantial question" of law or fact that is likely to result in reversal, a new trial or a sentence that doesn't include imprisonment. The court also ruled that Wilkes is not a flight risk and can leave jail pending his appeal. Local criminal defense lawyer Bob Grimes says it's unusual for the Ninth Circuit to disagree with a trial judge in this case Judge Larry Burns.

Grimes: And he felt that Brent Wilkes was a flight risk. And he felt there were not substantial issues of law or fact that were not likely to result in reversal and usually appellate judges defer to the trial judge on this.

Meanwhile, federal prosecutors in the case have filed a cross appeal with the ninth circuit. They Judge Burns sentenced Wilkes based on a quote "incorrect application" of sentencing laws.

[NM Independent]

7. Umm....

:wtf:

Yeah, I thought we were supposed to have a "fair" justice system. So should we be pissed at CA for being way too fair, or more pissed at AL for being fascist "murika haters?"

[mile18blister]

8. Released so he can conveniently die of a heart attack.

Just like Ken Lay, who is waiting for him in the Cayman Islands or Paraguay.

[cascadiance]

11. I think that's exactly the strategy that his buddy Kontogiannis is trying to get off on...

http://tpmmuckraker.talkingpointsmemo.com/archives/004799.php

[CTuttle]

9. Dang, I posted this yesterday and I didn't get any replys...

What's a guy gotta do to get some love...? :shrug: :rofl:

[eppur_se_muova]

10. Let me guess -- same judge as Siegelman's case?

:sarcasm::sarcasm::sarcasm:

[Sarah Ibarruri]

12. What are judges afraid of when they release flight risks? nt

[flashl]

13. How do you keep a guy who served girls and provided limos to the top Intel layers of govt?

[flashl]

14. Dupe