Pelisamen was convicted by a jury on June 22, 2009 for conspiracy to commit wire fraud, wire fraud, conspiracy to commit money laundering and two counts of money laundering.
“Having carefully reviewed the parties’ briefs and the relevant legal authority, and having had the benefit of oral argument and good cause appearing, the court hereby denies the motion,” said Munson.
He said Pelisamen argued “that attorney [Timothy] Bellas testified falsely regarding the money transfer between himself and attorney [Joseph] Arriola and that the government allegedly failed to disclose the evidence regarding the alleged lie.”
According to Munson, the “defendant does not present sufficient evidence to show that a government witness committed perjury or that the alleged perjury could have reasonably affected the jury verdict.”
“Further,” he said, “defendant does not present sufficient evidence that the government withheld material evidence in violation of Brady v. Maryland 373 U.S. 83, 87 (1963). Accordingly, defendant’s motion for a new trial is denied.”
The U.S. government, through Assistant U.S. Attorney Kirk Schuler, argued against the motion to revoke bail.
Pelisamen, who was represented by counsel Douglas Cushnie, has been released to the custody of his daughter who was appointed by the court as a third-party custodian.
The court ordered Pelisamen to comply with all the court conditions previously set, including promising to appear at all proceedings and posting an unsecured bond of $25,000.
The court placed Pelisamen on a 6 p.m. to 7 a.m. curfew.
The court said Pelisamen must also stay away from his brother William Kaipat’s residence, employer and employment.
The U.S. Probation Office, which requested to continue Pelisamen’s sentencing hearing to Nov. 4, 2009, aid the continuance is necessary for the probation officer to complete the defendant’s pre-sentence investigation report and to meet the schedule of the court and the parties involved.
