I didn't even know he was being re-tried.
I never really believed in this case from what I was able to know
about it in the papers (the first jury didn't believe it either).
I fear for John because those federal sentencing guidelines can be a
bear - they tie the judges hands sometimes so he/she can't tailor the
sentence by considering the evidence in the case.
I'll say a prayer for him tonight.
Ex-Asbury Park official convicted on corruption charges
By Ed Johnson STAFF WRITER October 9, 2008
NEWARK It's now up to U.S. District Court Judge Jose L. Linares to
decide whether former Asbury Park Deputy Mayor John J. Hamilton Jr.
will spend as much as 20 years in prison following his conviction on
corruption charges.
Less than a year after his first trial ended with a deadlocked jury,
Hamilton sat in a
courtroom that was mostly devoid of spectators Wednesday as a jury
found him guilty of conspiracy to commit extortion, attempted
extortion under color of official right, making false statements to
the FBI and attempted witness tampering.
The case represents the denouement of a series of federal charges
brought against Monmouth County officials by the U.S. Attorney's
Office as a result of its Operation Bid Rig investigation.
"We were surprised," said Hamilton's attorney, Michael A.
Baldassare. "John has maintained his innocence throughout the entire
process and I believe he is innocent."
Baldassare said he intends to file a motion seeking a new trial
within the month. Hamilton remains free on a personal recognizance
bond, officials said.
Hamilton's charges centered around his acceptance of a $2,000 cash
bribe and a driveway paving job valued at several thousands of
dollars, according to the prosecution's case.
But Baldassare said that evidence hinged on the testimony of
Robert "Duke'' Steffer, an FBI informant who secretly recorded
conversations with Hamilton.
Prosecutors charged that as a public official Hamilton attempted to
help Steffer obtain emergency, no-bid contracts from the city,
believing Steffer was a demolition contractor, in return for the
bribes.
"Our argument is that the government's case was based largely on the
word of Bobby Steffer, someone I believe cannot be trusted,"
Baldassare said.
However, in a prepared statement, U.S. Attorney Christopher J.
Christie linked the Hamilton case to others in the initial federal
roundup in February 2005 of 11 Monmouth County officials that
resulted in eight guilty pleas and two convictions. Hamilton was the
last of the original 11 officials to be convicted. An eleventh
defendant, former Keyport Councilman Robert Hyer, died before his
case could be adjudicated, Christie said.
The probe eventually led to charges against 45 men and resulted in
the convictions of more than 20 public officials, including six
mayors.
Although the charges ended Hamilton's political career -- he ran
ninth in a field of 19 candidates in 2005 in a bid to retain his City
Council seat -- he still has ardent supporters.
"We were turning away character witnesses," Baldassare said. "People
believe in John."
One of them is Barbara A. Knight of Asbury Park. Knight spoke on his
behalf when he departed the council in 2005 and hasn't changed her
views.
Told of the verdict Thursday night she said: "I don't know about
that. I know that he is a man of good character who has helped me and
a lot of others. I can only speak well of him.''
Now, Baldassare said, Hamilton will try a three-pronged defense
strategy.
"We're making the motion for a new trial. If that's denied we're
going to fight for the most lenient sentence we can get. I don't
think anyone expects there to be a 20-year sentence, but I haven't
calculated what the recommended sentence would be under the federal
guidelines," he said.
After that, there are appellate issues that center on technical
matters of procedure, he added.
In essence, the defense would argue on appeal that the case did not
meet the legal criteria for federal charges.
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