Rigas' legal appeal denied
John, Timothy remain in a NC jail

Attorneys for former Adelphia Communications President John Rigas and his son, Tim, vowed Wednesday to appeal another legal setback handed down on Tuesday by the judge who presided over their trial.

The two had asked U.S. District Judge Leonard B. Sand to order a new trial after they were convicted in 2004 of securities fraud, conspiracy and bank fraud.

In their Rule 33 appeal, the Rigases argued that they had been denied a fair trial because prosecution witness James Brown, Adelphia's former vice president for finance, perjured himself in his trial testimony.

But Judge Sand said government lawyers had persuasively demonstrated that Brown did not commit perjury. He further found that Brown "was not the sole witness to testify with respect to the defendants' fraudulent practices."

In a response issued on Wednesday, defense lawyer Lawrence McMichael said the Rigases are "extremely disappointed" by Sand's ruling, which they pointed out was issued without the benefit of a hearing on the legal issues.

"The family continues to believe that the legal system as a whole will recognize and be troubled by the blatant lies told by Jim Brown," McMichael said. "It is inconceivable to us that our system of justice will allow a conviction to stand when the main government witness lied on all of the major issues."

The Rigases are appealing Judge Sand's ruling to the Second Circuit Court of Appeals. They're also asking the U.S. Supreme Court to reverse their convictions and order a new trial.

John Rigas, who turned 83 last week, was sentenced to 15 years and Timothy Rigas, 51, was sentenced to 20 years. They entered a federal prison at Butner, N.C., in August.