Post-verdict motions challenging guilty verdict in Anthony Burfoot case have been filed

Posted at 12:31 AM, Jan 12, 2017
and last updated 2017-01-22 17:25:04-05

NORFOLK, Va. - Post-verdict motions challenging the guilty verdict in the case against Norfolk City Treasurer Anthony Burfoot have been filed.

Court records indicate the defense is arguing that the jury failed to deliberate for a long enough period of time given the amount of evidence and the number of witnesses that were in the trial.

The jury deliberated for almost 5 hours. There were 91 witnesses and 270 exhibits consisting of 7,000 pages of documents.

Burfoot’s attorney, Andrew Sacks states certain testimony from Tommy Smigiel regarding Ronnie Boone is opinion and should not have been heard by the jury.  Smigiel testified during the trial there has always been the perception that the Boone family have been able to get away with whatever they want and that they don’t follow the rules.

During the trial the jury had a question during deliberations about whether they needed to prove Burfoot obtained $50,000 cash and something of value.  According to court documents the judge told them the government must prove the defendant received something of value, but didn’t have to prove what that amount was or didn't have to quantify it.

The motion argues that the government was required to prove that Burfoot obtained that specific amount of money and other things of value.

The day of the verdict Sacks said, "It's very disappointing and discouraging. The process that we worked for, for so long doesn't appear it was considered as thoroughly as it should've been."

A jury found Burfoot guilty of six of the eight charges he was facing for public corruption and perjury.

He was facing four perjury charges but only found guilty of two of those charges.

Burfoot said he will not step down as Treasurer and has maintained his innocence. He is scheduled to be sentenced April 17.