Judge: No new trial for Mose Jefferson

By Michael Kunzelman Associated Press Writer NEW ORLEANS (AP) § A federal judge refused Monday to order a new trial for political operative Mose Jefferson, who was convicted of bribing a former New Orleans school board president for her support in awarding school contracts. U.S. District Judge Mary Ann Vial Lemmon said Jefferson has failed to demonstrate that his trial resulted in a "miscarriage of justice." Jefferson, a brother of former U.S. Rep. William Jefferson, was charged with paying $140,000 in kickbacks to former New Orleans school board president Ellenese Brooks-Simms for her support in awarding school contracts to a computer-based teaching system he helped sell. A jury convicted him in August of two counts of bribery and two counts of obstruction of justice, but acquitted him of conspiring to bribe Brooks-Simms. Jefferson's attorney, Michael Fawer, had argued that the mixed verdict proves jurors were confused by how federal prosecutors charged his client. Fawer accused prosecutors of improperly "double-dipping" by charging him with conspiracy when the substantive bribery counts include "elements of conspiratorial conduct," Vial Lemmon wrote in her 13-page ruling. However, the judge said "there is no danger of dual punishment in this case because Jefferson was not convicted of both the conspiracy count and the substantive offense." Fawer also said his client was precluded from calling a key witness § his longtime girlfriend Renee Gill Pratt § because she is awaiting trial on separate charges in a racketeering conspiracy case. Jefferson and two of his relatives also are charged in that case. But the judge said Jefferson hasn't shown that Gill Pratt's testimony could have resulted in a different verdict. Jefferson's sentencing is set for Dec. 10. He faces a maximum sentence of 10 years in prison for each of two bribery convictions and 20 years in prison for each of two convictions for obstruction of justice. Fawer didn't immediately return a call for comment. William Jefferson was convicted of unrelated corruption charges by a federal jury in Virginia and sentenced earlier this month to 13 years in prison.

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