Sheldon Silver Faces New Trial After Corruption Conviction Overturned
Jul 14, 2017, 00:35
A federal appeals court on Thursday has overturned the November 2015 fraud conviction of former Democratic Assembly Speaker Sheldon Silver.
"Because the judge didn't give the jury the rules that weren't in place at the time, the conviction has to be vacated because the bribery statute has to be re-written, reinterpreted by the Supreme Court to give a person a better chance at getting an acquittal", says Gershman.
"Like the improper instruction in McDonnell, the plain language of the instruction at Silver's trial captured lawful conduct, such as arranging meetings or hosting events with constituents", wrote Cabranes.
"While we are disappointed by the Second Circuit's decision, we respect it, and look forward to retrying the case", Kim said in a statement.
But the Manhattan U.S. Attorney's Office has vowed to retry Silver, and several experts interviewed by the Daily News said he could still wind up behind bars.
The man who prosecuted the disgraced ex-lawmaker, former U.S. Attorney Preet Bharara, took to Twitter to express his confidence in Kim's ability to get a guilty conviction in a new Silver trial. The New York Times, Politico, the Associated Press and the Wall Street Journal (sub. req.) have coverage. He said while it was unlikely many other convictions would be thrown out in a similar way, prosecutors would likely now bring fewer public corruption cases, knowing the high bar they have to meet.
"There's no question that the government presented evidence relating to Mr".
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In one alleged scheme, Silver performed favors for a doctor seeking research funding in exchange for the doctor's referral of mesothelioma patients to Silver's law firm. "Given the teachings of the Supreme Court in McDonnell, and the particular circumstances of this case, we simply can not reach that conclusion".
Former Speaker Silver is not the first legislative leader to see his corruption conviction overturned on appeal.
The Silver decision "should fuel an anger that is existing already" in the public, he said.
Silver was sentenced to 12 years in prison by the judge, Valerie E. Caproni, but he was allowed to remain free pending his appeal.
Silver led the Assembly for more than two decades before he became the centerpiece of one of New York's steepest political falls from grace. He said the reversal reinforces voters" cynicism: "They think, "Of course you can get away with it'". Silver, 2nd U.S. Circuit Court of Appeals, No. 16-1615. But the appeals court rejected that argument. "Although it will be delayed, we do not expect justice to be denied". Silver also allegedly profited from the arrangements.
Silver was convicted of engaging in a quid quo pro scheme in which he used his official position to drive millions to himself through arrangements with two real estate developers and a cancer researcher at Columbia University. "Today's decision is a part of that process".
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