Appeal in ‘Calling’ case seen as ‘uphill battle’

Appealing the guilty verdicts in the Boston Calling case will be an “uphill battle” for the convicted City Hall aides who must now persuade a federal judge to toss the charges, attorneys tell the Herald.

U.S. District Court Judge Leo Sorokin has the authority to dismiss the charges against ex-tourism chief Kenneth Brissette and former city head of intergovernmental affairs Timothy Sullivan. However, it’s extremely uncommon for a judge to overturn a jury verdict, said criminal defense attorney Peter Elikann.

“That’s just such a rare happenstance,” he said. “The courts generally respect the jury’s decision, unless the judge finds there’s an extraordinary injustice taking place or if the jury got the facts completely wrong.”

The former aides to Mayor Martin Walsh were found guilty of pressuring Crash Line Productions into hiring unneeded union labor for a 2014 concert.

Brissette was found guilty of conspiracy and extortion. Sullivan was found guilty of conspiracy.

“The defense now has an uphill battle convincing this judge that he should ignore the jury’s verdict,” said former federal prosecutor Brad Bailey.

The judge last year dismissed the case, and prosecutors appealed it to the U.S. First Circuit Court of Appeals. That appeals court reversed Sorokin’s dismissal, bringing it back to the Boston federal courthouse.

“Judge Sorokin will most likely let the jury’s verdict stand,” Bailey added, citing the First Circuit’s previous decision.

But other lawyers, including attorney Harvey Silverglate, say an acquittal is quite likely.

“The judge who initially threw out the charges is skeptical about this case,” he said. “He thinks labor unions have broad rights, and might conclude that what they did is permissible in the rough-and-tumble intersection of politics and the labor movement.”

George Vien, a former federal prosecutor, said he was very surprised by the jury’s verdict — adding the defense has a “serious argument” for acquittal based on insufficient evidence.

If the judge doesn’t toss the charges, both Brissette and Sullivan face a maximum sentence of 20 years in prison. They won’t serve “anywhere near” 20 years, Bailey predicted.

Both defendants are expected to appeal. The First Circuit Court of Appeals reversing the guilty verdict is unlikely but the defense has a “strong argument,” said attorney Leonard Kesten.