Lawyers for rare coin dealer Tom Noe argued that his case was prejudiced by "unceasing and aggressive" news coverage of the scandal at the Ohio Bureau of Workers' Compensation and the resulting "public clamor."
The 81-page brief reads more like a novel than a legal filing, beginning with a powerful opening line.
"Public outcries ought not to be allowed to substitute for evidence of guilt, but that is what occurred in this case," it said. "It is no doubt true that a person who engages in criminal conduct ought to be convicted, but the conviction of even a guilty person, much less an innocent one, should not occur as a result of a trial in which the defendant's rights were ignored because of the public clamor surrounding the matters to which that case was related."
Noe was convicted in 2006 of charges including aggravated theft and engaging in a pattern in corrupt activity for his handling of a $50 million rare-coin investment fund for the bureau. He is serving 18 years in state prison on top of a $139,000 fine, $13.7 million in restitution, and $2.9 million in reimbursement to the state.
The former Republican fundraising powerhouse also served about two years in a federal prison for illegally funneling $45,000 to President George W. Bush's 2003 re-election campaign.
He argues in the filing that court proceedings were biased by media coverage and a ruling was issued that distorts Ohio law for both him and future defendants.
"The rule of law should not change because of the temper of the public. It is in cases like this that the constitutional protection of the right of due process of law should be paramount," the filing states. "That was far from the case here."
The filing noted that countless public figures at the time spoke out against Noe, including then-Gov. Bob Taft, then-Ohio Republican Chairman Bob Bennett, then-Attorney General Jim Petro, and then-U.S. Rep. Sherrod Brown, now a senator. His lawyers said it so tainted the public that 45 prospective jurors had to be excused because they already thought Noe was guilty.
The Toledo Blade was a finalist for the 2006 Pulitzer Prize in Public Service for its work on the story.
Noe's appeal comes as the Ohio GOP is positioning itself to capitalize on anti-incumbent sentiment in hopes of recapturing some of the power it lost in a near-sweep by Democrats in 2006. The Democrats' success hinged heavily on their promises to clean up state government in the wake of Republican corruption that began with Noe.
Ohio Democratic Chairman Chris Redfern declined to discuss the potential political ramifications of Noe's appeal.
He said he anticipates that Justice Judith Lanzinger will recuse herself from the case because Noe had worked with her campaigns in the past.
