Walker wants full court appeal

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ATLANTA - Former state Sen. Charles Walker has asked the full 11th U.S. Circuit Court of Appeals to hear his case, and a nationally prominent lawyer has joined his defense team, according to a family spokesman.

Walker  File/Staff
File/Staff
Walker

Mr. Walker, an Augusta Democrat who was once the Senate majority leader, was convicted in 2005 of 127 counts of fraud, tax evasion and abusing the power of his office. Federal District Judge Dudley H. Bowen Jr. sentenced him to more than 10 years imprisonment.

Mr. Walker began serving his sentence at a federal prison in Estill, S.C., in December 2005.

In a statement released to reporters Wednesday, family spokesman Kenneth Walker - who is not related to Charles Walker - said the former senator had petitioned the circuit court for an "en banc" appeal. A three-judge panel from the court unanimously rejected Charles Walker's initial appeal last month.

The petition for the en banc hearing was filed Friday.

Kenneth Walker also said Alan Dershowitz, a nationally known lawyer whose previous clients include O.J. Simpson and Mike Tyson, would join Charles Walker's defense team.

Mr. Walker's initial appeal to the circuit court had argued that four jurors were improperly seated, that the jury got the wrong instructions on the charge of mail fraud, that prosecutors were charging him with violation of state ethics laws and that Judge Bowen added too much time to his sentence.

The appeals court closely examined the racial makeup of the jury that convicted Mr. Walker after the prosecution used all of its opportunities to remove jurors from the pool to strike blacks. Mr. Walker's legal team, in turn, used their strikes to remove white men.

Judge Bowen accepted the prosecution's strikes but ruled that Mr. Walker's lawyers had improperly removed four jurors.

"While striking members of only one race does not always create an inference of purposeful discrimination, the sheer volume of strikes against one race is not easily attributable to chance," wrote Judge Charles R. Wilson, in the circuit court opinion upholding Judge Bowen's ruling.

But Judge Wilson said Judge Bowen's original decision deserved the benefit of the doubt.

Brandon Larrabee can be reached at brandon. larrabee@morris.com or (678) 977-3709.

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justus4
103
Points
justus4 08/02/07 - 01:52 am
0
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This circuit is a joke! This
Unpublished

This circuit is a joke! This was a miscarriage of justice of the worst kind and the judge knew it. Blacks will only get justice with a racially balanced jury. Its a historical fact! In fact, there must new laws requiring juries to be balanced because white continue to play the system to harm minorities. Walker's conviction will eventually be overturned, but the damage has been done. Again, this case is tragic but reflect a hatred of black men that further erodes faith in the judical system.

divenut
10
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divenut 08/02/07 - 02:15 am
0
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Keep dreaming Charlie! Your

Keep dreaming Charlie! Your conviction restores my faith in the system. The race card didn't work you. Justice served.

intheknow
16
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intheknow 08/02/07 - 03:46 am
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Guilty or not, he has the

Guilty or not, he has the right to appeal. I doubt that he will be sucessful, but he has that right.

WISE-OLE-OWL
1
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WISE-OLE-OWL 08/02/07 - 05:56 am
0
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Go ahead, Mr. Walker, and

Go ahead, Mr. Walker, and spend some of your ill-gotten gain. Spend it all, then see how a 68 year old man fares on Social Security. Are you qualified, did you hoard all the money you owed the Social Security Administration?

patriciathomas
42
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patriciathomas 08/02/07 - 06:11 am
0
0
Charles Walker got off light

Charles Walker got off light with his sentence. Now, he has the time, connections, and money to file appeal after appeal. All he is doing right now is legal. He's within his rights and it gives him something to do. I would guess that he'll be out in about five more appeals.

sliique
0
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sliique 08/02/07 - 06:28 am
0
0
I'd STILL like to meet his

I'd STILL like to meet his wife.

Reality
3
Points
Reality 08/02/07 - 06:38 am
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So, the fact that he is

So, the fact that he is guilty doesn't seem to matter. How many appeals should a person get? Maybe the jury was set up like that by Walker's defense to leave the door open........

patriciathomas
42
Points
patriciathomas 08/02/07 - 07:05 am
0
0
Honest, I don't think there

Honest, I don't think there are any limits to the number of appeals a person can file, it depends on the judge as to how many get heard. I think the big limit is financial.

hepher
0
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hepher 08/02/07 - 07:07 am
0
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I thought jurys were made up

I thought jurys were made up of our peers are we color coding now?

Da Voice Inside Your Head
7
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Da Voice Inside Your Head 08/02/07 - 07:15 am
0
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Look, the man was found

Look, the man was found GUILTY on 127 Counts. justus4, you are a prime example of what is wrong in Augusta. The man is a crook, was found guilty on 127 counts. 127! Still you cry racism and try to excuse his behavior because the white folks are picking on him.Give me a break! Is it racism when one BLACK juror refuses to give a BLACK man found guilty of killing a WHITE person the DEATH PENALTY? Well is it? Who knows? Maybe that person is aganist the Death Penalty for all races?Even if they lied when questioned during jury selection. Take off YOUR RACIST blinders and see that all WHITE folks aren't racist. Most are trying to do the RIGHT thing. In Charles Walkers case putting him in jail was the right thing. His biggest crime was abusing the trust given to him by his fellow citizens of all colors. He is where he and Linda Schrenko and Robin Williams belong. In Federal Prison.

bone
23
Points
bone 08/02/07 - 07:22 am
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i think we are all missing

i think we are all missing the point justus made: because charles walker is black, he is incapable of being guilty if any whites judged him. only blacks can judge other blacks - and find them innocent because there is no way a black person can commit a crime in the u.s. since their mere presence here is immoral and unjust because of slavery. whites, though, can be judged by anyone & are always judged fairly - since they are guilty because all whites owned slaves & supported segregation. is that a fairly accurate summary?

mag5
21
Points
mag5 08/02/07 - 07:26 am
0
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For those that say he was

For those that say he was given a raw deal and that it had to be racism, let CW manage their 401k when he gets out. Since he is such an upstanding citizen in their mind he should make them lots of money....right?

swtgeorgiapch08
0
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swtgeorgiapch08 08/02/07 - 07:34 am
0
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he knows what crimes he did.

he knows what crimes he did. so why now is he tryin to get out of his sentence. the misscarriage of justice was how the jury was picked.

pattypat
0
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pattypat 08/02/07 - 07:39 am
0
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justus4, since there is no

justus4, since there is no way you can receive a fair trial in the U.S if you are black and have whites on the jury, why don't you go back to the home of your ancestors?

NANF
4
Points
NANF 08/02/07 - 07:39 am
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C Walker is a crook. He does

C Walker is a crook. He does NOT deserve any appeal. Hasen't he cost the people enough money??He's just trash dressed in a suit and that's the nicest thing I can come up with. He's messed over the whole county for years and still trying, from jail to do the same thing. His kids should be ashamed, but they must want to follow in his footsteps. The family that plays ( what ever game ) together, stays together. And their game is to win, no matter who or what they have to walk over or ruin. Keep him locked away for his full term, he'll be out soon enough to begin, or continue again.

isuzurodeo1996
0
Points
isuzurodeo1996 08/02/07 - 07:48 am
0
0
HIS prosecution would strike

HIS prosecution would strike ALL the white people. The Augusta Chronicle had something in the paper a while back about it. It just goes to show the race card always will be pulled, white or black.

sniper
3
Points
sniper 08/02/07 - 07:49 am
0
0
Walker should have been

Walker should have been sentenced to hanging by the neck in downtown Augusta so all of his supporters could see what happens when you exploit the people that elect you to office. That's justice.

intheknow
16
Points
intheknow 08/02/07 - 07:58 am
0
0
Why are you all giving that

Why are you all giving that B.B that justus4 is feeding you a second thought. No, the system is not perfect, but IMO it is the best in the world. There are innocent people in jail, just like there are guilty people walking the streets. Bottom line is, the system has to be allowed to run it's course. And pattypat, it's comments like your that keep this stuff going. If someone told YOU to go back where your Ancestors came from, where would that be.

genbartow
0
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genbartow 08/02/07 - 08:00 am
0
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justus4, what you and CW want

justus4, what you and CW want is a racially "imbalanced" jury. you want a jury nullification due to race for CW.

sanders20
0
Points
sanders20 08/02/07 - 08:21 am
0
0
this has nothing to do with

this has nothing to do with race. the mans guilty!

darr350
2
Points
darr350 08/02/07 - 08:43 am
0
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Justus4, there were white

Justus4, there were white people on the O.J. jury, bet you don't have any racest remarks to make about that. You would probably be the only person in the universe to think O.J. is not guilty. History has shown that blacks don't fare well in Augusta politics, they bring all the trouble on themselves. Justus4, sir you are just the type of person that make people like me raciest.Your stupidity.

crystalball
1
Points
crystalball 08/02/07 - 08:47 am
0
0
I am sick of the race card

I am sick of the race card always having to be played when it concerns someone of my on race, black. I know our ancestors went thru much but today is 2007. We have a black as a fore runner for the President of the United States. If you are not happy in the USA then go back to Africa! All races had a hard time relocating to what became the United States of America.
Grow up and stop expecting the NAACP to come to the rescue and playing that old race card. Our young people have a greater chance of going to college than any other nationality that I know of. You just have to have the right upbringing.
God Bless America!

moneyman1035
0
Points
moneyman1035 08/02/07 - 08:50 am
0
0
how can they afford that

how can they afford that lawyer, he isnt cheap, he must have stolen more money than they know.

Daddyrabbit
0
Points
Daddyrabbit 08/02/07 - 09:06 am
0
0
If he had to give back all

If he had to give back all the money he got through dishonest means he couldn't get these high priced lawyers to work for him. Then he could serve the time he earned and move on.

Daddyrabbit
0
Points
Daddyrabbit 08/02/07 - 09:13 am
0
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Another point made was that

Another point made was that he was found guilty on 127 counts. I don't remember exactly how many he was charged with, but the jury must have been weighing the evidence if he was acquitted of some offenses. Doesn't that seem right?

Honden
2
Points
Honden 08/02/07 - 09:26 am
0
0
There may indeed be a "Right

There may indeed be a "Right to appeal" but there is no guarantee nor "right" for any appeal to be "granted" without merit.

CW's appeal carries with it..NO merit.

GaMedic
0
Points
GaMedic 08/02/07 - 09:36 am
0
0
walker's conviction should

walker's conviction should never be over turned, he was guilty and now pays the race card to get out from under. the people who voted for him were stupid and are now embarrased that they did, so they come to his defenese to justify their mistake. charles walker has always had smoke around him anhd someone finally found the fire and put it out. bravo!

BUTTACHE
0
Points
BUTTACHE 08/02/07 - 09:49 am
0
0
Hopefully in his appeal they

Hopefully in his appeal they will add more time!!

RichmondCountyResident1
29
Points
RichmondCountyResident1 08/02/07 - 10:02 am
0
0
Justus 4, I don't agree that

Justus 4, I don't agree that a jury should be picked solely based on race.But, your point is clearly made here on this site.All of you, mostlly white, just proved his point.You were not in the jury pool and you have convicted him based on reading the paper.You are exemplifying the racial bias that he is talking about.If I had a dollar everytime a white person said it is not about race, I would be rich.If you have to say it's not about race, it probably is.Pattypat stupid like yours, only show how ignorant you are.Clearly, their are whites people who can make just decisions, they just aren't on this site.

charles yonce
0
Points
charles yonce 08/02/07 - 10:23 am
0
0
the whole thing about the

the whole thing about the whole thing here is a person was convicted,and sentenced.it doesn't matter what kind of a jury he had,did he commit the crimes or not? i believe he did.be a man,sit down and do your time.dershowitz is a has been professor who tried to chide jimmy carter about his apartheid book,until it backfired on him.carter knows much more about the middle east than many thought.that's a real prize winning list of clients there,allan. gutter trash tyson,and oj the murderer,and even the count(spend that womans money,count but save a few dollars for an air conditioner,it must be hot where you'll end up)

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