Courts - Ohio Investor wants court to toss corruption conviction Says case was prejudiced by media

By Julie Carr Smyth AP Statehouse Correspondent COLUMBUS, Ohio (AP) -- The central figure in an investment scandal that engulfed Ohio Republicans five years ago asked the Ohio Supreme Court on Wednesday to overturn his conviction. Lawyers for rare coin dealer Tom Noe argued that his case was prejudiced by "unceasing and aggressive" news coverage of the scandal at the Ohio Bureau of Workers' Compensation and the resulting "public clamor." The 81-page brief reads more like a novel than a legal filing, beginning with a powerful opening line. "Public outcries ought not to be allowed to substitute for evidence of guilt, but that is what occurred in this case," it said. Noe was convicted in 2006 of charges including aggravated theft and engaging in a pattern in corrupt activity for his handling of a $50 million rare-coin investment fund for the bureau. He is serving 18 years in state prison on top of a $139,000 fine, $13.7 million in restitution, and $2.9 million in reimbursement to the state. The former Republican fundraising powerhouse also served about two years in a federal prison for illegally funneling $45,000 to President George W. Bush's 2003 re-election campaign. He argues in the filing that court proceedings were biased by media coverage and a ruling was issued that distorts Ohio law for both him and future defendants. "The rule of law should not change because of the temper of the public. It is in cases like this that the constitutional protection of the right of due process of law should be paramount," the filing states. The filing noted that countless public figures at the time spoke out against Noe, including then-Gov. Bob Taft, then-Ohio Republican Chairman Bob Bennett, then-Attorney General Jim Petro, and then-U.S. Rep. Sherrod Brown, now a senator. His lawyers said it so tainted the public that 45 prospective jurors had to be excused because they already thought Noe was guilty. The Toledo Blade was a finalist for the 2006 Pulitzer Prize in Public Service for its work on the story. Published: Fri, Feb 19, 2010

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