Colorado Springs, Colo. (Sept. 5, 2012) – Six Colorado Springs men serving prison sentences for fraud following the government raid of their software company recently filed motions for release pending appeal. According to legal filings, Kendrick Barnes, Gary L. Walker, Demetrius K. Harper, Clinton A. Stewart, David A. Zirpolo and David A. Banks will appeal their convictions and seek a new trial, alleging violations of their constitutional rights to a fair and speedy trial. The men have asked to be released, pending the appeal.
The motions state that the defendants should be released because they were not granted a speedy trial, were not allowed to call certain expert witnesses on their behalf and their constitutional rights against self-incrimination were compromised during the original trial. Attorneys Gwendolyn Solomon, Joshua Lowther and Charles Torres filed the motions. The former software development executives, who developed an enterprise-class web-based software application for law enforcement investigation, were convicted last year on mail and wire fraud charges and sentenced to federal prison for terms between seven and 12 years, respectively.
“From the moment they were indicted in 2009 to the day they were convicted, the men were never deemed a flight risk,” said Sam Thurman, a representative of A Just Cause, a Colorado non-profit group that promotes competent legal representation for the wrongfully convicted. Thurman said his organization has joined the fight for the freedom of the six men because the group believes the men are innocent. “The defendants in this case have the right to appeal this decision and be free to work with their attorneys outside prison,” he said.
Solomon said they are currently preparing for the appeal and hope to have a hearing soon on the motion for release.
“We believe our clients didn’t receive a fair trial,” said Solomon. “We feel strongly that the convictions will either be reversed or our clients will be granted a new trial.”
Copies of the legal filing are available for download at www.lawsuitpressrelease.com. For more information on the ongoing appeal or A Just Cause, contact Sam Thurman at (877) 573-5554 or visit www.a-justcause.com.