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Judge: No New Trial For Man Who Bribed Cunningham

POSTED: 5:04 pm PST December 17, 2007
UPDATED: 5:39 pm PST December 17, 2007

A judge refused Monday to grant a new trial for an ex-Poway defense contractor convicted of bribing disgraced ex-Congressman Randy "Duke" Cunningham in order to land more than $80 million in government contracts.

U.S. District Judge Larry Burns told the attorney for Brent Wilkes that even though someone from the prosecution team leaked a grand jury indictment to reporters two weeks before it was issued, there was no prejudice to the defendant during his trial.

Wilkes was convicted Nov. 5 of conspiracy, honest services wire fraud, bribery of a public official and money laundering for bribing Cunningham with cash, gifts, meals and prostitutes.

The defendant -- free on $2 million bail -- faces up to 20 years in federal prison when he is sentenced Jan. 28.

Burns told defense attorney Mark Geragos that only four of the 15 sworn jurors had read anything about the case, and all of it was after Wilkes was indicted.

The jury deliberated four days before finding Wilkes guilty, the judge said.

"They seemed to be fair," Burns said. "There was no rush to judgment here. How can I say Mr. Wilkes was prejudiced by what happened?"

Before trial, Burns told Geragos that the issue of grand jury leaks was irrelevant to the trial and that he could bring it post-trial if he wanted to.

Burns said Monday that even though the government's investigation of the leaks was a "farce," he had no power to do anything about it and the leaks themselves were not prejudicial to Wilkes getting a fair trial.

The judge said he didn't have the power to do anything about the leaks even though prosecutor Jason Forge admitted that the fact they even happened was "reprehensible, inexcusable and embarrassing."

Geragos said someone in government wanted to destroy Wilkes and did so over the past 21 months.

The attorney unsuccessfully urged Burns to grant a new trial or dismiss the indictment against Wilkes.

"You've been bamboozled. I've been bamboozled. Mr. Wilkes has been bamboozled," Geragos told the judge.

On another matter, Burns told prosecutors to tell him by Jan. 2 why he shouldn't move the trial of Wilkes and the former No. 3 man at the CIA, Kyle "Dusty" Foggo, on other charges to Virginia.

Foggo allegedly used his seniority status within the CIA to influence the awarding of contracts to Wilkes, a lifelong friend.

Burns said he was inclined to move the trial back east because 95 percent of the crimes alleged happened there.

Wilkes said he wants that trial to be in San Diego, while Foggo made the motion to move it to Virginia.


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