Bribery sentencing near, Maggio hires new lawyer

Former Circuit Judge Michael Maggio
Former Circuit Judge Michael Maggio

Ousted Judge Michael Maggio has retained a new attorney just weeks before a federal judge is scheduled to sentence Maggio on a bribery charge.

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Maggio, 54, pleaded guilty to the charge in a negotiated agreement in January 2015. He could face up to 10 years in prison, three years of supervised release and a fine of up to $250,000 when he is sentenced Feb. 26 in U.S. District Court in Little Rock.

Conway attorney James Hensley Jr., confirmed Tuesday that he now represents Maggio but said he did not know whether Maggio's previous lawyers are still on the case.

Federal court records available online still list attorneys Lauren Hoover and M̶a̶r̶j̶o̶r̶i̶e̶ ̶R̶e̶y̶n̶o̶l̶d̶s̶ Marjorie Rogers* -- both of the Hilburn, Calhoon, Harper, Pruniski & Calhoon Ltd. law firm in North Little Rock -- as representing Maggio, but now Hensley's name appears first.

The records indicate that sealed motions by the attorneys, one filed Jan. 29 and the other Monday, asked to withdraw as Maggio's lawyers. Sealed responses to both were filed. As of Tuesday afternoon, the records did not reflect whether Judge Brian Miller of U.S. District Court in Little Rock had granted the withdrawal requests.

Neither Hoover nor R̶e̶y̶n̶o̶l̶d̶s̶ Rogers* replied to phone and email messages seeking comment Tuesday on various questions. Maggio also did not return messages.

Hensley said he had not seen the other attorneys' withdrawal motions.

"I have not talked to them," Hensley said.

Asked if Maggio hopes to withdraw his plea, Hensley said, "I have not heard that."

Hensley also said he does not know whether Miller will again delay Maggio's sentencing, which already has been postponed twice.

Miller held a private hearing last week in the Maggio case.

Criminal-defense attorney Bill James, who has handled cases in state and federal courts, said Tuesday that it's unusual to change lawyers at this stage. He said sometimes attorneys and their clients get into a dispute, which can lead to withdrawals.

"It happens," James said, "but it's pretty rare."

The judge may deny the requests to be removed as Maggio's attorneys because sentencing is so close, James said. At issue, he said, is whether an attorney can "get in and take care of the case" in the allotted time frame.

"The court oftentimes does not ... want to grant another long continuance so the [new attorney] can get caught up," James said.

A defendant who has entered a guilty plea can ask to withdraw it, and the court has the authority to accept or reject the request, James said. But he said, "It's very, very difficult to do."

Maggio's plea agreement sets limits on reasons for withdrawal.

At one point, it says "the defendant waives the right to collaterally attack the conviction and sentence ... except for claims based on ineffective assistance of counsel or prosecutorial misconduct."

Maggio's plea agreement with federal authorities implicated two other people -- a lobbyist and fundraiser, and the owner of a Faulkner County nursing home where a woman's death led to a negligence lawsuit. The two are not identified by name.

A lawsuit filed by the family of Martha Bull, who died in businessman Michael Morton's Greenbrier nursing home in 2008, is pending in Faulkner County Circuit Court against Morton and former state Sen. Gilbert Baker, a Republican lobbyist from Conway. Baker helped raise money for Maggio's 2014 campaign for the Arkansas Court of Appeals.

The plea deal resulted from Maggio's handling of the previous negligence lawsuit filed by Bull's family against Greenbrier Nursing and Rehabilitation Center. Maggio has admitted that he lowered the Faulkner County jury's $5.2 million judgment to $1 million in exchange for thousands of dollars in contributions to his appeals-court campaign that was halted later.

The current lawsuit accuses Morton and Baker of conspiring to funnel donations to Maggio's campaign in exchange for a reduced judgment in the negligence lawsuit.

Morton and Baker have denied wrongdoing and have not been charged with a crime.

State Desk on 02/10/2016

*CORRECTION: Marjorie Rogers is one of former Judge Michael Maggio’s attorneys. Her name was incorrect in this article.

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