CHARLESTON, W.Va. — Justice Allen Loughry, who was convicted last month on 11 federal counts, has a second motion for a new trial.
The motion that was filed today does not replace the earlier motion, which was sealed.
This motion says it adds to the issues raised in the earlier filing, contending “the evidence introduced in this case is insufficient even in the light most favorable to the United States to sustain a conviction.”
Loughry’s new motion, filed by attorney John Carr, contends federal prosecutors were not able to prove mail fraud, wire fraud or witness tampering beyond a reasonable doubt.
Many of the points made by Carr echo Loughry’s defense during the trial.
“Because the evidence introduced in this case is insufficient even in the light most favorable to the United States to sustain a conviction of the specified Counts, the Defendant respectfully requests that this Court enter a judgement of acquittal on these Counts, and Order a new trial on any remaining Counts,” Carr wrote.
Loughry’s first request for a new trial was filed late last month. Because it was sealed, the grounds for the request are unclear.
Federal prosecutors filed a response, and that was not sealed so it provides a little more context about what Loughry is asking.
The federal prosecutors indicate that Carr has asked for a transcript of a portion of the trial proceedings on an expedited basis.
Loughry has also asked the court to allow for additional briefings after receipt of the transcript.
New records of filings indicate that a transcript from jury selection has been filed. The filing online indicates the transcript is available only for those directly involved with the case.
All that is happening while the state Legislature considers whether to file a new impeachment charge against Loughry, focusing specifically on his federal conviction.
Chief Justice Margaret Workman successfully had her own impeachment trial blocked in the court system.
The acting Supreme Court that ruled in Workman’s case followed up with clarification that Loughry’s trial should be halted on the same grounds.
House Speaker Roger Hanshaw, R-Clay, has suggested that an impeachment based on the federal conviction could occur during regularly-scheduled legislative interim meetings, which start this Sunday.
So far, though, there has been no call from Gov. Jim Justice for a special session to consider impeachment.
Governor Justice repeatedly has said Loughry should resign.
“I wish to goodness that Justice Loughry would just do what seems to be the right thing,” the governor said last month.
“Now, I don’t portray to know every little detail, but it just seems the right thing is resignation and go on down the road.”