Baumgartner asks federal judge to throw out conviction ahead of sentencing

6:59 PM, Mar 11, 2013   |    comments
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Disgraced former Knox County Judge Richard Baumgartner has launched a last-ditch effort to get his federal conviction thrown out.

In court papers filed Monday afternoon, Baumgartner's defense attorneys again ask Federal Magistrate Ronnie Greer to over-turn the jury's guilty verdicts on five counts of "misprision of a felony." Other papers ask the judge to grant Baumgartner a new trial.

The defense submitted similar filings last fall, one week after the jury returned its verdicts on November 2, 2012. Those provided few details of the reasons behind the request, except that the defense stated it intended to submit revised motions after the trial transcripts were available.  The transcripts were filed with the court on February 11.

Baumgartner was accused of lying about the role his former mistress, Deena Castleman, allegedly played in a conspiracy to distribute drugs.
The new filings argue that prosecutors did not prove Castleman's involvement drug crimes, and that Baumgartner did not lie to a Knox County District Attorney about them.

The jury found Baumgartner guilty on one charge. He faces one to three years for each of the five guilty charges, plus a $250,000 fine per guilty charge. He is also eligible for probation.

Baumgartner is set to be sentenced on April 10 in at the U.S. Federal Courthouse in Greeneville.

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