Monday, October 22, 2007

The Walker Case

Harper's Magazine has a story on the Charles Walker case.  This blog discussed the trial, sentencing, and post trial.  Including his conviction of 127 counts after a trial that went from 8:00 a.m. to 7:00 p.m., seven days a week, including holidays and Sundays -and yes, even worked through Memorial Day weekend and on Memorial Day.  It was a sharp contrast to another southern jury at that time, that is former CEO Scrushy's first trial that ended with a verdict of not guilty (see here). Walker received a sentence of ten years (see here).  The 11th Circuit rejected the appellate arguments affirming the conviction of former Georgia State Senator Charles Walker, specifically rejecting defense arguments that “(1) during jury selection, the district court erroneously disallowed four of Walker’s peremptory strikes after finding a Batson violation; (2) honest services mail fraud was improperly charged in the indictment and not supported by sufficient evidence; (3) prosecuting Walker for mail fraud violates basic principles of federalism; and (4) various sentencing enhancements were improperly imposed by the district court.”

Harper's Magazine provides new items for consideration.  The most fascinating is a 2004 letter to a highly respected white collar defense attorney from the Office of Professional Responsibility of DOJ.  Although this letter does not directly discuss the Walker case, it discusses the actions of a particular U.S. Attorney. The article mentions a forthcoming magazine story of Professor Dershowitz discussing this case.

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http://lawprofessors.typepad.com/whitecollarcrime_blog/2007/10/the-walker-case.html

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