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New developments: Rigases seek new trial

A central witness in the 2004 criminal trial of John Rigas and his son, Timothy, is now the focal point of their last-ditch effort to avoid lengthy prison terms that could begin as soon as next month.

Attorneys for the Rigases last week filed a motion in U.S. District Court requesting a new trial. Their 54-page petition consists almost exclusively of allegations that former Adelphia Vice President Jim Brown committed perjury as he described to jurors the Rigases' financial dealings.

The Rigases contend that Brown later contradicted his trial testimony in sworn statements he made during U.S. Securities and Exchange Commission (SEC) proceedings.

"We view this as powerful information which the judge will not be able to ignore," said an attorney for the Rigases.

Under Rule 33 of the Federal Rules of Criminal Procedure, the court may vacate any judgment and grant a new trial "if the interest of justice so requires." In the Rigas case, the defendants argue that Brown's testimony before the SEC in 2006 constitutes evidence that was not available to them during their own trial.

They say other witnesses testifying before the SEC provided corroborating evidence, supporting their allegation that Brown perjured himself in the Rigases' trial.

"James Brown, the government's star witness and centerpiece of its case, gave false and misleading testimony, without which the Rigases likely would not have been convicted," the petition reads. "Brown's lies covered a panoply of the most important subject areas, carefully calculated to create the misimpression that Rigases were deceitful people who took repeated actions to fool a variety of people, particularly Adelphia's auditors."

Brown, an executive in Adelphia's Finance Department, pleaded guilty to conspiracy, securities fraud and bank fraud, while agreeing to testify against the Rigases. He has not yet been sentenced.

John Rigas, 82, and Timothy Rigas, 51, were ordered last month to begin their prison terms on Aug. 13. The U.S. Bureau of Prisons will determine where they will serve their time. John Rigas was sentenced to 15 years. Timothy faces a 20- year sentence. They were convicted of conspiracy, securities fraud and bank fraud. An attorney for the Rigases reiterated last month that they will continue to pursue their appeal as far as the U.S. Supreme Court, if necessary.

Meanwhile, John Rigas and Timothy Rigas also face federal charges on tax evasion and conspiracy charges. Additionally, they are defending civil lawsuits filed by Adelphia, its shareholders, and auditing firm Deloitte & Touche.

The Rigases maintain their innocence. John Rigas said he and other financial executives at Adelphia relied on auditors at Deloitte & Touche and lawyers at Buchanan Ingersoll in their financial dealings.

Deloitte agreed to pay a $50 million settlement to avoid a civil trial on allegations brought by the U.S. Securities and Exchange Commission. The auditors also paid $210 million to settle with Adelphia investors.