The 11th U.S. Circuit Court of Appeal vacated yesterday the earlier 2-1 ruling in favor of W.D. Childers and will rehear Childers’ appeal.
The June ruling reversed former Florida Senate President W.D. Childers’ bribery conviction, which stemmed from his actions as an Escambia County commissioner in 2001-2002. A state court jury found Childers guilty of bribing fellow Commissioner Willie Junior to vote for a county land purchases. After the conviction, Junior was found dead under a house in Pensacola. His death was ruled a suicide. He had been missing a month after failing to show up to court for his sentencing.
Meanwhile, Childers has completed his prison sentence.
The June 8, 2010 ruling in favor of Childers hinged on the state court not allowing the defense to cross-examine Junior fully about the Notice of Revocation of his plea agreement and Elliot’s verdict (Joe Elliot had been found not guilty of bribing Childers and Junior). The majority of the three-judge panel believed had the cross examination been allowed “Junior’s credibility could have been completely eviscerated.” They therefore ruled to reverse the conviction.
The AP wire calls yesterday’s vacation of the June ruling as “rare.”