Fumo wants new trial

    Convicted former state Senator Vincent Fumo is asking the judge for a new trial or an acquittal. The move marks a first step toward filing an appeal of his 137 count fraud conviction.

    Convicted former state Senator Vincent Fumo is asking the judge for a new trial or an acquittal. The move marks a first step toward filing an appeal of his 137 count fraud conviction.

    In court papers filed Wednesday, Fumo argues the government did not prove certain charges, and the judge did not properly instruct the jury in some instances. The motion also takes up the issue of the juror who commented about the case on the internet.

    Former federal prosecutor and criminal defense attorney Barry Gross says its unlikely the judge will grant a new trial.

    Gross: For them to be successful, its going to be very difficult. I’d be very surprised if this case will be overturned on appeal.”

    Fumo was convicted last month of 137 counts of fraud and obstruction of justice. He will be sentenced in July.

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