Former senator’s rehearing bid a no

8th Circuit denies appeal by Woods

Former state Sen. Jon Woods of Springdale, who is serving an 18-year federal prison sentence for a bribery/kickback scheme, was dealt another setback by the 8th U.S. Circuit Court of Appeals, which rejected a request for a rehearing of a three-judge panel’s affirmation last October of his conviction.

The court also turned down a request that the appeal be heard en banc — by all members of the 8th Circuit.

The two-sentence order handed down late last week read simply, “The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied.”

On May 3, 2018, Woods was found guilty of 15 federal counts for his collusion in a kickback scheme involving Oren Paris, III, the president of Ecclesia College in Springdale. Others indicted were Randell Shelton Jr. of Alma and Micah Neal, a former state representative who pleaded guilty to one act of conspiracy to commit honest services fraud.

On Sept. 6, 2018, Woods was sentenced to 220 months in federal prison for his role in the kickback scheme. Shelton was sentenced to six years behind bars. Paris, who entered a conditional plea of guilty on April 3, 2018, was sentenced to three years in prison on Sept. 12, 2018.

According to the evidence presented at trial, between approximately 2013 and approximately 2015, Woods used his position in the state Senate to ap

propriate and direct General Improvement Funds to two nonprofit entities.

Woods and Shelton based the appeal, which was filed last January, on destruction of evidence by FBI Agent Robert Cessario of Bentonville, also arguing that there was improper jury instruction in the trial and that the trial judge favored the prosecution. In a 28-page ruling issued Oct. 16, the appeals court rejected the appeal on all points.

Cessario 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 that he had not transferred all the files.

Woods and Shelton maintained that the files that were erased may have contained exculpatory evidence that the jury never heard because it was destroyed without ever being entered into evidence.

While Cessario’s actions were wrong, the court ruled, the defense could not convincingly show that Cessario destroyed anything of value to the defendants or that hurting the defense was his motive in committing such a drastic, career-threatening act. The case resulted in an FBI inspector general’s investigation, records show, but the results have never been made public.

The court also said in the October ruling that U.S. District Judge Timothy Brooks did not err in denying Woods and Shelton a trial delay after Paris pleaded guilty, the court also ruled.

“First, a co-defendant’s last-minute decision to plead guilty generally is foreseeable,” the court ruled.

Second, Woods and Shelton had received abundant time to prepare for trial.

Third, Paris did not testify against Woods or Shelton.

The appeals court also rejected claims that Brooks had any conflicts of interest in the case or treated the defense unfairly.