An appeals court says Poway defense contractor Brent Wilkes can move ahead with an appeal of his conviction. Wilkes has been behind bars since last month when a judge sentenced him to 12 years in prison for bribing former Congressman Randy Cunningham. KPBS Reporter Amita Sharma has more.
The Ninth Circuit Court of Appeals says Wilkes' appeal raises 34e a "substantial question" of law or fact that is likely to result in reversal, a new trial or a sentence that doesn't include imprisonment. The court also ruled that Wilkes is not a flight risk and can leave jail pending his appeal. Local criminal defense lawyer Bob Grimes says it's unusual for the Ninth Circuit to disagree with a trial judge in this case Judge Larry Burns.
Grimes: And he felt that Brent Wilkes was a flight risk. And he felt there were not substantial issues of law or fact that were not likely to result in reversal and usually appellate judges defer to the trial judge on this.
Meanwhile, federal prosecutors in the case have filed a cross appeal with the ninth circuit. They Judge Burns sentenced Wilkes based on a 34e "incorrect application" of sentencing laws.
Amita Sharma, KPBS News.
