RIGASES CONTINUE LEGAL BATTLE

A slight reduction in the prison terms of John Rigas and his son Tim grabbed the headlines this week, but the more signifi- cant news may have been the family's plans in the wake of the decision.

Freed from the control of a federal judge the defense team considers to be biased, the Rigases are preparing to take their fight for freedom to the U.S. Second Circuit Court of Appeals.

Judge Leonard Sand on Wednesday reduced the sentences after an appeals court threw out one count of their convictions. The sentence of John Rigas, 83, was reduced to 12 years from 15 years. Tim Rigas, 52, had his sentence reduced to 17 years from 20 years.

With that action, Judge Sand likely concluded his involvement with a case that has borne his imprint for more than four years. Sand presided over a long trial in 2004 that resulted in convictions for conspiracy and security and bank fraud.

The Rigases plan to appeal Wednesday's ruling. They have been serving their prison terms at a low-security federal corrections facility in Butner, N.C., since last August.

Judge Sand had the case back for resentencing after a U.S. appeals court in New York had reversed their conviction on one lesser count of bank fraud in May 2007.

Sand said Wednesday that "a minimal sentence adjustment is appropriate."

"The sentences imposed by Judge Sand, even with the small reductions, are unwarranted by the facts of this case and are harsh beyond measure," said defense lawyer Lawrence McMichael.

Another of John Rigas's sons, Michael Rigas, was also critical of the decision.

"These sentences might be appropriate for murderers, rapists, or terrorists, but not for businessmen who thought they were entering into legitimate business transactions in goodfaith reliance on seasoned professionals," he said.

In a news release, the Rigas family said Judge Sand's action "reflects a disappointing and distorted view of what occurred at Adelphia."

The defense presented "a mountain of clear evidence . . . that Adelphia's independent auditors, its outside SEC lawyers, and its independent directors knew all about the transactions in question and saw absolutely nothing wrong with them," the release continued.

"Adelphia's collapse in the spring of 2002 was caused not by the uncovering of fraudulent activity, but by widespread panic unfolding in a post-Enron environment of intense fear and suspicion. The failure of Adelphia's long-time professionals to stand up for the work they had performed and the guidance they had given made a fair and objective evaluation of the company's fi- nancial structure impossible. It fueled a downward spiral that soon destroyed a fundamentally sound company."

The Rigases labeled Judge Sand's reduced sentences "harsh beyond measure."

Wednesday's decision follows earlier opinions in which Judge Sand denied motions arguing that government witness James Brown lied at the criminal trial about each of the major issues in the case, and that prosecutors withheld evidence that may have exonerated the defendants.

"We have established an excellent record upon which to challenge (Judge Sand's) opinions on sentencing and the other matters," said the youngest Rigas son, James. "We are prepared to move ahead immediately with appeals to the Second Circuit Court of Appeals."