WWL>Topics>>2-13 6:15am Tommy, Ray Nagin verdict

2-13 6:15am Tommy, Ray Nagin verdict

Feb 13, 2014|

Tommy talks to Loyola Law Professor Dane Ciolino about the verdict in the Ray Nagin trial

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Automatically Generated Transcript (may not be 100% accurate)

On 821. Pounds I don't think even those that thought Ray -- would be convicted. Anticipated that Nancy -- professor of law -- league university joins us right now friend of mornings -- -- are you good -- and tell me you're on your take on the whole trial and and then when the jury came back and when you heard the results. Why can't I was very surprised -- in the I think most people who have been following mistrial on the train barreling down attracted. Ray Nagin. And the real question was why he never stepped off the track and tried to. To resolve it through negotiated plea -- long ago. Evidence it was a -- was stacked against them from. From the start. They had as we all know. Seven. Seven others who has that been convicted in the team's double most of which meant testified. Against the mayor there war. Lots of course operating documents and email and text messages involving him the mayor and some of these contractors in other city employees. It was a bad news for the mayor went and it went even. The more relieved or court. You know sometimes the question is as did anything turn a trial and I don't know Lou is that where the odds so stacked against Nagin that -- really turn a trial and it was a at a slam dunk from beginning. Of course he thought he could take that span and then -- many crumbled and don't take the span but he thought he could take that -- didn't and essentially talked his way. Out of these serious problems but. At the some of the jurors commented on their way out of the courthouse yesterday. They found his testimony not to be credible they were -- war. Yesterday and -- lawyer to put on some some evidence to convince them that the mayor was not guilty but. But that never came and at least one victories jurist expressed. Will frustration with the fact that the mayor would take responsibility for anything. Even -- signature the bottom of some documents and that the that the irrationality. Is something that probably let me in don't wanna go to trial and certainly contributed to his conviction. Com in terms of appeal. Judge ginger -- again -- member of that name because it's it's not and no disrespect to the judgment it's not like you know it. Joseph I Jenny Smith or anything like that its name you recognize and it seems as though I remember her as. Often being widely criticized for being on the side of the defendant being perhaps and nineties labels like liberal or conservative but. -- there's no way you can say that this woman ever does not give every defendant. The absolute. Best shot they have. Prosecute the former criminal defense lawyer -- -- -- for the ACLU. I've I've had several cases before but I can tell you. That she is. She could only goes so far too with giving a defendant breaks. Viewed the -- the. And my point was -- is that are in no way can you say that Ray Nagin because it was June of arrogance court didn't get every every -- that he was entitled to do you think. No doubt about him she won't give equipment and more -- a chance then most of the other judges there in court Amaechi. If the motion is close then the defense has a real shot that -- with some of the other. Sections over there the -- would have little chance to let it but yeah. Would mention any names and it's my advice to. Right but. At least it's solely responsible percent and an incentive -- think an open which is gonna happen in about three or four months. She had a great deal discretion of course the sentencing guidelines are gonna give our. Parameters within which. Should sentence the mayor which is not bound by them and and if anyone is that he. That is gonna get in the break -- sense and it's going to be it's going to be here. Now you know we hear about maybe fifteen and twenty years but if you look at each count. I mean you get to fifteen or Tony pretty quickly to those things in the course of a trial or different counts do those sentences run. And currently it -- a judge had the option to make a run consecutively is 1 -- carried a sixty year maximum sentence and then. -- can escape with multiple counts of conviction if you stacked all of these counts. With statutory. Maximum statutory ranges at 1020 years that you get well over a hundred years or in this case. But that's not what's on the government's sentencing sentencing it's going to be. Determined by the sentencing guidelines which are going to be computed by the US probation office and a pre sentence investigation report. A battle began to judge several weeks before sentencing and -- and that guideline range is going to be. Is going to be through the -- because of the amount of money involved in these conspiracies. While there was only about 500000 dollars. At issue in the bribes discussed that trial. Ray -- it's gonna buy all of his co conspirators. But gains which will total. In excess of ten or fifteen million dollars that's it rule thirty sign -- now it's the typical relevant conduct in the in the sentencing guidelines for the conduct that relevant for sentencing include the conduct that your co conspirators. Cell. That's gonna drive a guideline numbers up he's gonna get to enhance. -- aggravating factor points number. Abuse of trust and for being a leader -- organizer of the kind of large criminal. Enterprise -- he's not gonna like it represents investigation report when it comes out. And keep in mind that that one of these co conspirators. Greg if you have marching here who was sentenced. Some years ago got a seventeen year sentence for just part of that misty. So that's the preview. For mr. bacon what. Add to what kind of possible sentence he could yet. We only have a second left and I think that's I get a need to answer the question but we'll see. You know season Monday Morning Quarterback. -- and especially if you watch in a football game you don't know what's scheme they were run and you don't know who didn't do it they're supposed to do and it likewise in this case and you you -- inside -- -- you don't know everything but from what you've seen would you have done anything differently. In terms of rep presenting raining and. Well Amanda again on the Monday Morning Quarterback into the -- -- -- this -- the game that mr. Nagin never should've showed up that he should've. Consider these charges and there and looked at what happened December there others who pled guilty and then he should follow Obama is not a -- not a game that you have ever been kicked off. Thank you -- very dangerous game thank you day I'm glad you it took the time to talk to us this morning thank you.