NEW YORK (AP) -- A federal appeals court on Wednesday rejected former New York City Police Commissioner Bernard Kerik's appeal of a ruling forcing him to await his corruption trial in jail.
The decision came after the 2nd U.S. Circuit Court of Appeals heard arguments from lawyers preparing for Kerik's Nov. 9 trial in federal court in Westchester County.
Kerik, 54, is accused of accepting renovations to his co-op in exchange for recommending a company that sought business with New York City. He has pleaded not guilty.
Appeals Judge Reena Raggi, who announced the court's decision, also criticized the volume of documents in the case that have been kept sealed from public view.
``You have a presumption of open proceedings and it seems a lot has been sealed,'' she told lawyers in the case.
In denying the appeal, Raggi defended a ruling by U.S. District Judge Stephen Robinson in White Plains that found Kerik had wrongly shared secret pretrial information with a supporter. He ordered him jailed Oct. 20, saying Kerik had a ``toxic combination of self-minded focus and arrogance'' that would cause him to obstruct justice if he was left to his own devices.
To overturn the judge's decision, Raggi said, the appeals court would have had to find that Robinson clearly made a mistake in his legal interpretation of the law in deciding to jail Kerik.
Michael Bachner, who argued on Kerik's behalf, said the judge erred.
But Raggi said Robinson had warned Kerik that he would be jailed if there were any attempt to contaminate witnesses and the potential jury pool.
``We have context here,'' Raggi told Bachner.
Kerik's White Plains trial had been postponed while the appeal went forward. He is being held in the Westchester County Jail.
Kerik was police commissioner during the Sept. 11, 2001, terrorist attacks. He and then-Mayor Rudolph Giuliani were widely praised for their leadership in the crisis. Kerik was later chosen by President George W. Bush to lead the Department of Homeland Security, but he withdrew as corruption allegations mounted.
Kerik faces a second trial in Westchester County on tax charges and a third trial in Washington that claims he lied to White House officials vetting him for the position of Homeland Security chief. He has pleaded not guilty to all charges.
Bachner did not immediately return a message for comment Wednesday. Prosecutors declined through a spokeswoman to comment.
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