Judge: McDonnell must go to prison with appeal pending
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Version 0 of 1. A federal judge on Tuesday denied former Virginia governor Robert F. McDonnell’s request to remain out of prison while his appeal is pending — a ruling that could put the onetime Republican rising star behind bars in less than a month. In a three-page order, U.S. District Judge James R. Spencer wrote that though McDonnell was neither a flight risk nor a danger to the community, the issues in his corruption case “do not present a ‘close’ call justifying bail pending appeal.” McDonnell formally filed his notice of appeal on Tuesday — a procedural step that moves the proceedings to a higher court — but if Spencer’s order stands, the former governor will have to report to federal prison by Feb. 9 and begin serving his two-year sentence. McDonnell’s attorneys had argued that while Spencer might have previously disagreed with their legal positions, he should at least let the former governor keep his freedom until an appeals court weighed in on the case. In their most recent filing, defense attorneys wrote that there were “no cases upholding convictions on comparable facts,” and because McDonnell was sentenced to just two years in prison, his time behind bars would “likely be nearly finished before his appeal runs its course.” Defense attorneys noted the appeals process is not a short one; experts said it could run into next year. Prosecutors objected to McDonnell’s staying out of prison while his case lingered with a higher court, arguing that jurors had effectively rejected McDonnell’s best argument for freedom and that their judgment was “not a ‘close’ call, justifying bail.” McDonnell and his wife, Maureen, were convicted in September of lending the prestige of the governor’s office to Richmond businessman Jonnie R. Williams Sr. in exchange for $177,000 in loans, vacations and luxury goods, and McDonnell was formally sentenced this month. His wife is scheduled to be sentenced Feb. 20 and remains free. McDonnell defense attorney Henry Asbill said Tuesday he would ask the U.S. Court of Appeals for the 4th Circuit to allow his client to remain free on bond while the appeal is pending. At the same time, he said he would generally challenge the case against McDonnell. He is not yet required to lay out the exact grounds on which he intends to do so. The notice of appeal simply states McDonnell’s intention to appeal the case; the court will now set a schedule for prosecutors and defense attorneys to make their arguments in writing. To win bond pending appeal, McDonnell must convince the appeals court that his case presents a “substantial” question and that if he wins, he is likely to be acquitted or given a new trial. Experts say he must show that the issues in his case are at least close ones, on which reasonable jurists might disagree. It is not unusual for nonviolent offenders in white-collar cases to be given bond pending appeal. Defense attorneys noted that a U.S. district judge in Alexandria gave former congressman William Jefferson (D-La.) the privilege in his public corruption case, and appeals courts did so for former Alabama governor Don Siegelman (D) and former Illinois governor George Ryan (R). McDonnell’s attorneys raised three points in arguing that the former Virginia governor deserved bond pending appeal: that he performed no “official” acts for Williams; that Spencer did not adequately question jurors about pretrial publicity and that Spencer did not move aggressively enough to investigate possible premature deliberations in the case. Spencer rejected each argument in turn, noting his own previous rulings against McDonnell. U.S. Attorney Dana J. Boente declined to comment for this article. Federal prison officials have not decided to which facility McDonnell should report, though they are expected to do so in the coming days or weeks. McDonnell has requested to remain near his home in the Richmond area, possibly at Federal Correctional Institution, Petersburg. |