Judge denies Corrine Brown's motions for acquittal and new trial

Corrine Brown's request for new trial and acquittal denied

Judge Timothy Corrigan has denied a motion by attorneys to overturn the conviction of former Congresswoman Corrine Brown Wednesday. He also denied a motion asking for a new trial.

The guilty plea for her former chief of staff, Elias "Ronnie" Simmons has also been accepted.

Brown's motion for acquittal argues that the testimonies of Ronnie Simmons, her former chief of staff, and Carla Wiley, the president of bogus charity One Door For Education, did not fault Brown for any wrongdoing. Only Wiley and Simmons admitted guilt.

Prosecutors respond to two motions in Corrine Brown legal battle

Also in the motion for acquittal is the defense's claim that there was no criminal intent in Brown's actions and therefore, she can't be found guilty of any criminal crimes.

Brown also asked for a new trial based on an issue with a dismissed juror, Juror  No. 13, who had told fellow jurors "the holy spirit" told him Brown was not guilty. Another juror complained and Judge Corrigan dismissed him.

Corrigan said in his ruling that "Corrine Brown is entitled to a fair trial with an impartial jury that reaches a verdict in accordance with the law. That is what she received."

Brown was convicted of 18 of 22 counts of federal fraud and corruption.

The former Florida Congresswoman faces a sentencing hearing on Nov. 16.  Simmons will be sentenced one day earlier. 

Brown has, in the past, said she plans to appeal her conviction as far as she can.

Curtis Fallgatter, a former federal prosecutor, said once Brown is sentenced, she'll be able to appeal and once again raise the same issues she did during the trial.

Her big pitch on appeal will likely have to do with the dismissed juror who made comments about "the holy spirit" telling of Brown's innocence, he said.

If Brown is sentenced to prison time in November, Fallgatter said the judge has the choice of allowing Brown out on bond, a common move in "white collar" cases. If bond is granted, Brown will be free for likely a year or more until the appellate court decision comes down, he said.

Brown will also likely be able to report to prison voluntarily and go to a prison of her choice.

As for Ronnie Simmons, who testified against Brown, Fallgatter said he too, will likely be able to report to prison voluntarilly if that's the sentence he receives.

Brown's sentencing in November could last one to two days, according to Fallgatter.

EXCLUSIVE: Convicted Congresswoman Corrine Brown prepared to 'go all the way'

Dkt 199 - Order Denying Motion for Acquittal by NEWSCENTER26 on Scribd

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