Wed Dec 16, 2009 at 11:18:35 PM EST
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Yesterday we told you about a request by Joe Ferriero's attorneys to postpone his sentencing while the Supreme Court reviews the statute under which he was convicted. Today, Federal Prosecutors made the same request:In their request, prosecutors said they agreed with Ferriero's lawyer, Joseph A. Hayden Jr., that no final decisions should be made before the Supreme Court ruling, which is expected by July. The move could delay Ferriero's Feb. 10 sentencing by up to five months.
"I think that is the fair and practical way to deal with the thorny legal issues presented," Hayden said.
In addition, the government asked Chesler to withhold ruling on motions filed by Hayden, who argued that the verdict and charges should be dismissed and said prosecutors used an "unprecedented expansion" of the honest services statute. Prosecutors also asked the judge to postpone the sentencing of Dennis J. Oury, Ferriero's one-time confidante and political ally who pleaded guilty on the eve of the trial.
"It just makes more sense to put things on hold until the law is settled," said Michael Drewniak, a spokesman for the U.S. Attorney's office in Newark. The courts ruling will determine where things go. It is interesting to see both sides agreeing on the concept of waiting for clairty from the higher court. That may be another indication of the uncertainty surrounding what the court will do. |
| Jason Springer :: Now Federal Prosecutors want to postpone Ferriero Sentencing |
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