storyhill.net, Dec. 11, 2006

Gary George tries again to get out of prison

Dec. 11 -- Convicted former State Sen. Gary George, citing a flawed indictment and mistakes by a judge, is seeking to have his sentence thrown out.

George is serving a four year prison sentence handed down in 2004 after he pleaded guilty to a single count of conspiracy in a kickback investigation.

George, representing himself, filed a petition last month alleging the indictment failed to properly identify the United States as the victim of a crime. That means, he said, the indictment did not properly state an offense.

The indictment also mischaracterized as a crime the failure by an attorney who is subject to the Wisconsin Ethics Code to annually disclose legal fees, he said.

After George's conviction, US District Judge Rudolph Randa erred by failing to adopt the pre-sentence report and incorrectly applied sentencing guidelines, George said. George also said he is innocent.

"Only two legislators in modern Wisconsin times, out of hundreds, have been prosecuted by the (Eastern District) U.S. Attorney: the first two black men elected to the Wisconsin State Senate, after statewide campaigns, while similarly situated individuals of different races have not been prosecuted," George wrote.