Related To Story BRIBERY CASE
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Man In Cunningham Bribery Case May Get Prison Release
POSTED: 9:36 am PDT March 29,
2008
UPDATED: 3:50 pm 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.Charlick said Wilkes was deprived of a fair trial because word that a grand jury was going to indict Wilkes was leaked to news outlets. She also plans to argue that instructions to the grand jury were flawed.Mark Geragos, Wilkes' trial lawyer, contended the government was responsible for the leaks. But Burns later said whatever leaks occurred were not prejudicial.Charlick said Michael Williams, a former high-ranking employee of Wilkes's company, ADCS Inc., should have been given immunity by prosecutors or the court to testify for the defense. Williams said he would invoke his right against self-incrimination without such protection, and ended up not testifying. Wilkes told the newspaper she would argue that prosecutors also committed misconduct in their closing arguments to the jury.An appellate court ordering someone to be released during pursuit of an appeal is unusual though not unheard of, the Union-Tribune reported."This would be a rare instance where the court of appeals reviewed and then reversed a district court's determination about bond," San Diego criminal defense lawyer Pat Hall told the newspaper.The appeals court must believe there is some merit to Wilkes' arguments, too, he said."They would have to have reviewed some of the issues being presented and come to some preliminary conclusions," he said.Judges Thomas Nelson and A. Wallace Tashima, who ordered Wilkes released on bail, will not necessarily be part of the three-judge panel that will review the case.Shaun Martin, a law professor at the University of San Diego School of Law who writes a blog on appellate cases, said it was not unusual to see high-profile, white-collar defendants stay free on appeal."It tends to suggest I have a decent shot of prevailing on appeal," he said.Prosecutors filed notice March 21 that they may appeal Wilkes 12-year sentence. They wanted him to do 16 to 25 years in prison, stating that Burns incorrectly applied the federal sentencing guidelines.
Previous Stories:
- February 19, 2008: Ex-Contractor Sentenced For Bribing Congressman
- February 4, 2008: Mortgage Banker Admits Role In Cunningham Case
- January 22, 2008: Prosecutors: 60 Years In Prison For Man Who Bribed Cunningham
- December 17, 2007: Judge: No New Trial For Man Who Bribed Cunningham
- October 31, 2007: Closing Arguments Continue In Cunningham Bribery Case
- October 30, 2007: Former Defense Contractor Denies Bribing Cunningham
- October 18, 2007: Wilkes Assistant's Testimony: He Was Not Motivated By Greed
- October 12, 2007: Consultant Says He And Defense Contractor Bribed Cunningham
- October 2, 2007: 12 Subpoenas Withdrawn In Cunningham Case
- October 1, 2007: Trials Delayed For Men Connected To Cunningham Case
- August 9, 2007: New Information On Randy 'Duke' Cunningham Scandal
- July 24, 2007: Randy 'Duke' Cunningham In SD For Follow-Up Interviews
- May 15, 2007: Former CIA Official, Contractor Plead Not Guilty To New Charges
- April 2, 2007: Wilkes, Foggo Could Face Summer Trial
- March 19, 2007: U.S. Attorney Allegedly Fired To Shut Down Investigation
- February 14, 2007: Two Men Plead Not Guilty In Cunningham Corruption Scandal
- January 31, 2007: Defense Contractor May Be Indicted In Cunningham Case
- January 16, 2007: Report: Man Involved In Cunningham Scandal Faces Fine
- November 8, 2006: Incumbents In County Congressional Races Are Winners
- October 17, 2006: Report: Cunningham Used Influence In Defense Funding
- October 7, 2006: Randy 'Duke' Cunningham Lashes Out About Media In Note
- October 6, 2006: Nancy Cunningham, IRS Agree To Deal
- August 29, 2006: Judge Dismisses Lawsuit Seeking Bilbray Election Recount
- August 25, 2006: Judge Mulls Decision On Challenge To Bilbray Election
- August 18, 2006: Randy 'Duke' Cunningham's Wife Speaks Out
- June 7, 2006: More Of Cunningham's Items To Be Auctioned Off
- May 14, 2006: Local College Will Receive Cunningham's Papers
- May 10, 2006: Despite Plea Bargain, Cunningham Not Cooperating
- April 27, 2006: Could Cunningham's Bribery Case Involve Prostitutes?
- April 18, 2006: Newspaper Awarded Pulitzer Prize For Cunningham Coverage
- April 12, 2006: Bilbray, Busby Win Spots In Runoff
- April 5, 2006: Cunningham Moves To New Federal Prison
- March 23, 2006: Going Once, Twice For Crooked Congressman's Loot
- March 7, 2006: What Will Prison Life Hold For Cunningham?
- March 3, 2006: Cunningham Learns His Fate
- March 3, 2006: Randy "Duke" Cunningham To Learn His Punishment
- February 28, 2006: 18 Candidates Vie For Cunningham's Seat
- February 13, 2006: Race For Cunningham Seat Among Most Expensive In Country
- January 10, 2006: Defense Attorney: Cunningham Didn't Wear Wire
- January 9, 2006: Time Magazine Reports Cunningham Wore Wire To Help Investigators
- January 3, 2006: CHP Sergeant Joins Race To Fill Cunningham's Seat
- December 22, 2005: Former Chargers Player To Run For Congress
- December 15, 2005: Austin DA Investigates Cunningham's Alleged Co-Conspirator
- December 9, 2005: Heir To Dow Jones Buys Cunningham's Mansion
- December 6, 2005: Feds Showcase Cunningham's Loot
- December 6, 2005: SD Dems: Local Republicans Accept Money From Cunningham's Co-Conspirators
- December 6, 2005: Cunningham To Congress: 'I Am Deeply Sorry'
- December 2, 2005: Former San Diego Congressman Will Run For Cunningham's Seat
- November 29, 2005: Cunningham's Plea Bargain Outlines Long List Of Gifts
- November 28, 2005: Voters React To Cunningham's Tearful Resignation
- November 28, 2005: Cunningham Resigns After Guilty Plea
- August 26, 2005: U.S. Attorneys Office Blasts Congressman Cunningham
- August 18, 2005: U.S. Attorney's Office Files Suit Against Congressman
- August 16, 2005: FBI Raids Local Firm
- August 15, 2005: Activists Want Cunningham To Resign Now
- August 8, 2005: Cunningham May Be Subpoenaed In Another Investigation
- July 29, 2005: Cunningham Deals With Another Headache
- July 15, 2005: Cunningham Announces He Won't Run Again
- July 11, 2005: Cunningham's Virginia Condo Raises New Questions
- July 5, 2005: Cunningham's House Boat Sale Now In Question
- July 4, 2005: Cunningham Cancels Fourth Of July Schedule
- July 1, 2005: FBI Searches Cunningham's Home
- June 30, 2005: Congressman Questioned Regarding Use Of Congressional Seal
- June 29, 2005: Cunningham Fiasco Reaches Washington D.C.
- June 28, 2005: Grand Jury Orders Documents From Cunningham
- June 24, 2005: More Questions Raised In Congressman's Real Estate Deal
- June 24, 2005: Congressman Concedes 'Poor Judgment' In Home Sale
- June 23, 2005: Personal Statement From Congressman Cunningham
- June 17, 2005: U.S. Attorney Investigates Sale Of Congressman's Home
- June 14, 2005: Congressman's Home Sale Raises Eyebrows

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