Langford Could Get New Trial

Reported by: Phillip Ohnemus
Updated: 8/12/2010 6:20 pm
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Birmingham Mayor Larry Langford wants a new trial.

Attorney Michael Rasmussen has filed filed the request with the 11th Circuit of Appeals in Atlanta.

Rasmussen argues four factors should be considered in throwing Langford's previous trial and conviction on 60 felony counts last October.

Rasmussen argues that:

- The lower court erred in admitting and excluding evidence of intent.

- That the United Stated failed to prove whether mail fraud was used in the commission of a crime.

- Whether the bribery counts require a specific sentence under Whether Wharton's Rule.

- And, Whether pretrial publicity allowed for a tainted jury pool in Tuscaloosa.

Glennon Threat served as co-council during the October Trial, but will not represent Langford during the appeal.

When asked to comment on the filing, Threatt told CBS 42 that he agrees with the filing.

Threatt went on to say that if the 11th Circuit grants a new trial that he fully expects Langford to be released on an appeals bond.

That would allow Langford to return home to await a new trial which could take as long as two years to occur.
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