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Posted: Wednesday, 23 July 2008 1:30PM

Judge Upholds Sharpe James Conviction

NEWARK, N.J. (AP)  -- A federal judge on Wednesday upheld the corruption convictions of former Newark Mayor Sharpe James and his one-time mistress, but indicated that the prison term for James would probably be less than the 15 to 20 years being sought by prosecutors.

U.S. District Judge William J. Martini on Wednesday rejected bids by James and Tamika Riley to scrap the verdicts and order a new trial, asserting that their jury had substantial evidence to determine she was able to purchase city land at bargain prices while James was mayor. Such efforts rarely succeed, and the convictions are to be appealed to a higher court.

Martini, however, then gave James some relief after hearing arguments on issues related to his sentencing, which is scheduled for Tuesday.

The judge told prosecutors he rejected their contention that ``aggravating factors'' merited a sentence of 15 to 20 years for the 72-year-old James, who led New Jersey's largest city for 20 years.

Assistant U.S. Attorney Judith H. Germano argued that James deserves extra time because of his leadership of the conspiracy, and its seven-year duration.

Martini, however, said that beyond introducing Riley to the city's redevelopment officials, James mostly performed official duties, such as signing the contracts that gave her nine city properties.

``The crime occurred here because he was the mayor,'' Martini said. He suggested that the appropriate sentencing range for James was about 10 to 12 years. The judge still has the authority to order a term outside that range.

Prosecutors want eight to 10 years for Riley.

Prosecutors are also seeking restitution for Newark, charging that the city was deprived of the chance to sell to a legitimate developer by the fraud of James and Riley.

Lawyers for James and Riley, however, appeared to convince the judge that the city did not suffer any loss and so their clients should not have to repay any money.

Germano also opposed motions that James and Riley remain free on bail pending their appeals. The judge said he would rule after Tuesday.

James and Riley, 39, were convicted in April on all charges they faced. James was convicted on five counts, including conspiracy and fraud.

Riley, a publicist who once ran a clothing boutique near City Hall, was convicted on those and the eight other counts she faced, including tax evasion and cheating to obtain subsidized housing assistance for herself.

James had faced a second trial on charges he racked up $58,000 on city credit cards for lavish personal expenses and for travels with several women other than his wife. But prosecutors reached a deal with him in May that they would drop those charges unless any portion of his conviction is overturned. They said additional convictions would not mean much more prison time.

James, who had also served as a Democratic state senator, was one of the most powerful figures snared in a series of corruption cases in New Jersey brought by the U.S. Attorney's Office, but one of the few to plead not guilty. He left office in 2006 after declining to seek a sixth term.

Prosecutors charged that James abused his office and betrayed his constituents by arranging for the sale of nine city-owned properties for $46,000 to Riley from 2001 to 2005. Riley quickly sold them for $665,000 without ever starting required rehabilitation work on most of them, prosecutors said.

More New Jersey news..


(TM & Copyright 2008 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO & EYE Logo TM & Copyright 2008 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report. In the interest of timeliness, this story is fed directly from the newswire and may contain occasional typographical errors.)
 
 
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