A federal appeals court Tuesday upheld the conviction of Oren Paris III, the former Ecclesia College president convicted in a kickback scheme involving former state Sen. Jon Woods.
Woods and co-conspirator Randell Shelton Jr. are appealing their convictions to the same court, the U.S. Court of Appeals for the 8th Circuit, on largely the same grounds. Fellow conspirator Micah Neal, a former state representative, has already served a one-year sentence of home detention for his role.
Agent Robert Cessario of the FBI wiped the hard drive of a laptop used to gather and send electronic files to defense attorneys in the case. He had the hard drive wiped professionally and then wiped it himself before turning it over to investigators after defense attorneys discovered he had not transferred all the files.
The hard drive's destruction was the basis of Paris' appeal and is a large part of Woods' and Shelton's appeals. Some of the evidence destroyed could have helped the defense, the cases argue.
"Paris is right that it is difficult for him to show what he cannot know," Tuesday's ruling says. "After all, only Agent Cessario knows for sure what he destroyed and whether it had any connection to this case. But without even a viable theory about what is missing, much less how it might differ from what he already had in his possession, Paris has not established a violation of his due process rights."
Paris resigned as president of Ecclesia and pleaded guilty April 4, 2018 just before his trial was to begin. He was convicted of paying kickbacks in return for state grants. He agreed to plead guilty on the condition he be allowed to appeal solely on the basis of Cessario's actions.
U.S. District Judge Timothy Brooks had ruled Paris' trial would go ahead, but without Cessario testifying for the government. Paris then decided to plead guilty. He's serving a three-year federal prison sentence on one charge of conspiracy.
The remedy of allowing a trial while barring Cessario testimony for the prosecution is unjust, Paris' defense attorney, Travis Story of Fayetteville, argued to the appeal court.
Paris, of Springdale, paid kickbacks to Woods and Neal, both of Springdale, in return for $550,000 in state grants to Ecclesia from 2013 to 2015. The kickbacks were routed through Shelton's consulting business, formerly based in Springdale.
Neal pleaded guilty to one count of conspiracy and cooperated with investigators.
Woods and Shelton were convicted of multiple corruption charges May 3, 2018.
NW News on 04/01/2020