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| DiMasi ordered to jail |
| By John R. Ellement and Martin Finucane , Globe Staff , bostonglobe.com |
| Published: 11/15/2011 |
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Former House speaker Salvatore DiMasi today lost his bid to stay out of prison while appealing the federal corruption convictions that leave him facing eight years in federal prison. The First US Circuit Court of Appeals issued a brief decision this morning denying the request filed by DiMasi and one of his co-defendants, lobbyist Richard W. McDonough. “We conclude that the appeals do not present a ‘substantial question of law or fact likely to result in ... reversal ... an order for a new trial... a sentence that does not include a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process,’’’ the court wrote. DiMasi was originally ordered to surrender to the federal Bureau of Prisons on Wednesday, but Chief US District Court Judge Mark Wolf changed the date to Nov. 30, in part to allow for the First Circuit to decide the issue it settled today. D iMasi’s attorney, Thomas R. Kiley, said today the ruling means the Nov. 30 reporting date for DiMasi is now in force. Kiley said he is also trying to make sure DiMasi is not assigned to the Federal Medical Center at Lexington, Ky. The Globe reported Nov. 4 that despite a recommendation by Chief US District Court Judge Mark Wolf that DiMasi be imprisoned at the federal facility at Fort Devens in Massachusetts, the Bureau of Prisons had decided to send DiMasi to Kentucky. Kiley said today that DiMasi had not been formally told to head to Kentucky. “We’re obviously disappointed,’’ Kiley said of the appeals court ruling. “But we are not deterred. We will persevere with the appeal and, in the end, I hope, obtain the right result.’’ Martin G. Weinberg, McDonough’s appellate attorney, said the decision means McDonough must now report to the Federal Correctional Institution at Fort Dix, N.J., on Nov. 30 to begin his sentence of seven years. Weinberg emphasized the appeals court ruling does not mean that McDonough’s legal challenge to his conviction will also fail. Instead, he said, the only question addressed by the appeals so far is whether both men should stay free while their appeal makes it way through the court system. “The record is 7,200 pages and only a small fraction of that was available’’ for the court to review, he said. “We remain firm in believing the merits and strengths of issues that Mr. DiMasi and Mr. McDonough will be raising in their [full] appeal. We remain confident in the legal issues we intend to raise on appeal.’’ According to the US Bureau of Prisons, FCI Fort Dix is a low-security prison for male inmates. Judge Wolf sentenced DiMasi in September for steering millions of dollars in state contracts to a software company and secretly profiting from the scheme. click here for more of the story. |
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