Sat, Mar 1, 2014

http://www.timesheraldonline.com/news/ci_25250740/san-jose-lawyer-loses-bid-new-trial-money

Embattled San Jose lawyer Jamie Harley has lost another round in her bid to avoid a felony money laundering conviction.

Harley is not entitled to a new trial based on her allegation that the jury foreman was biased and failed to disclose his criminal history during jury selection, U.S. District Judge Lucy Koh ruled Friday.

Although Koh found that the jury foreman actually should have been ineligible to serve on Harley's jury because of his criminal past, the judge nevertheless ruled "there is no basis" for allegations he was biased in the 2011 trial. In fact, Koh noted that the juror testified recently that he originally voted to clear Harley before changing his mind during deliberations.

The jury convicted Harley, a former local prosecutor and longtime criminal defense lawyer, of five money laundering counts. Federal prosecutors accused her of laundering more than $127,000 for a former client who was selling stolen Cisco equipment.

Harley has denied knowing the money was tainted or that the client was involved in an illicit business.

As a result of Koh's ruling, Harley must now be sentenced on the convictions and could spend between 27 and 33 months in prison. She can raise the juror misconduct issue on appeal.

A federal appeals court restored Harley's convictions last year, reversing a judge's earlier decision to set them aside.