Bernie Kerik Loses Bond Revocation Appeal

Former NY Police Commissioner Bernard Kerik will remain at the Valhalla County jail pending his trial on tax fraud and corruption charges. The Second Circuit Court of Appeals heard oral arguments in his appeal of the trial court's revocation of his bond yesterday afternoon, and then issued its ruling. His trial has been reset for November 9.

His lawyers argued that the lawyer to whom Kerik sent a non-public pleading they were intending to file that contained information received in discovery was entitled to receive it:

Michael F. Bachner, one of Mr. Kerik’s lawyers, argued that Mr. Kerik should have been allowed to send documents to Mr. [Anthony] Modafferi because he was an adviser who wrote legal memorandums and offered advice on the coming criminal trial.

In court, Judge Raggi sounded skeptical about that argument and appeared to side with Judge Robinson, who had said that Mr. Kerik attempted to obstruct the jury selection process when he sent the documents to Mr. Modafferi. “I’m not sure how we would find clear errors in Judge Robinson’s articulated concerns,” Judge Raggi said.

The order is here (pdf).

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    by kaleidescope on Thu Oct 29, 2009 at 11:01:51 AM EST
    So maybe they should've jailed him for contempt instead.