Judge appears unsympathetic to Rigases

Followers of the criminal case against former Adelphia Cable executives John Rigas and Tim Rigas see little chance that the judge who presided over their fraud trial four years ago is going to significantly reduce their prison sentences.

U.S. District Judge Leonard Sand said he will rule in the coming days, after a hearing Thursday in Manhattan. But he may have tipped his hand in chiding the Rigases for showing no remorse.

"There's no acceptance of any responsibility for what occurred at Adelphia," the judge said. "I think the defendants are in total denial."

The Rigases did not travel to New York from the federal prison in North Carolina where they are serving their sentences. Rather, they appeared in prison uniforms through a video link.

John Rigas, 83, is serving a 15-year sentence. On a television monitor, he told the court while choking through tears that he was feeling ill and would defer to his attorney and his son.

Tim Rigas, 52, said the Rigases' financial dealings at Adelphia were based on the advice of qualified financial and legal advisors.

"I never once went to work thinking that I was doing anything improper," Rigas said. He is serving a 20-year prison term.

Also testifying at the resentencing hearing was another of John Rigas's sons, 50-year-old James Rigas. A former Adelphia executive who moved on to take over another company, James Rigas said family members "always acted in good faith on the careful reliance of outside professionals."

James Rigas didn't mince words in accusing the government of looking for a scapegoat due to the political climate and high-profile scandals such as the Enron disaster.

"Their (government prosecutors) clear purpose has been to play 'gotcha' at the Rigases' expense," he told the court.

At issue before Judge Sand is whether to reduce the sentences after an appeals court reversed one of the fraud counts against them.

Defense lawyer Lawrence McMichael insisted the court may now consider new rules about sentencing and new evidence that has come to light since the 2004 jury convictions.

An appeals court last May upheld most of the convictions, but reversed the conviction on one count of bank fraud, citing insufficient evidence.

In what may have been another indication of his mindset, Judge Sand said reversing that one count reduced the maximum sentence the Rigases could face from 205 years to 185 years. He added that the bank fraud count was a less serious crime than the conspiracy charge that was upheld.

McMichael countered that the bank fraud count was reversed as a result of "substantive error," so all counts must be re-evaluated.

Assistant U.S. Attorney William Johnson disagreed.

In response to Judge Sand's suggestion that the defendants lacked remorse, McMichael reminded the court that they do not believe they are guilty of a crime. He did say that John Rigas and Tim Rigas "acknowledge a catastrophe occurred on their watch."

The Rigases suffered a setback earlier this year when the U.S. Supreme Court without comment declined to hear their appeal for a new trial.