BIRMINGHAM, Ala. (WIAT) — A former Birmingham Water Works board member who was previously found guilty on two ethic charge violations is asking the court to either be cleared of her conviction or to receive a new trial.
In a recent motion asking for an acquittal or new trial in the case, Lewis’ legal team claimed the court violated her due process rights when it gave a hypothetical example of what it believed constituted “personal gain” under Alabama law. They also claimed that Alabama law does not define the term and gives no guidance to courts, lawyers or individuals “falling within the statute’s reach.”
Last month, Lewis was sentenced to serve 10 years under a “very rare” sentencing of a “reverse split” which entails eight years of probation followed by a possible two years of prison time. She was sentenced after being convicted of financially benefiting from her role on the board by being incentivized to vote on matters that would help others.
Lewis is also required to pay a $30,000 fine and serve 400 hours of community service.
Watch: Recap of Sherry Lewis’ motion for acquittal or a new trial
In response to the motion, the circuit court granted Lewis’ request for either an acquittal or a new trial by ordering a hearing on Jan. 31.
This is a developing story. Check back for updates.
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