Disgraced ex-lawyer planning appeal
Pettit, who pleaded guilty to stealing up to $65M from his clients, gets public defender
A judge has granted disgraced former lawyer Chris Pettit’s request for a public defender to represent him in a possible appeal of his conviction and 50year prison sentence.
U.S. Magistrate Judge Henry Bemporad told Pettit at an eightminute hearing Wednesday that his new court-appointed lawyer will represent him on matters relating to any appeals and at an upcoming hearing to address how much Pettit will owe his victims.
Pettit, 56, a longtime probate, estate planning and personal injury lawyer who pleaded guilty to three counts each of wire fraud and money laundering related to the theft of as much as $65 million from his clients, personally filed motions to have his hired criminal counsel dismissed from the case and new counsel appointed. In pleading guilty, Pettit waived his right
to a trial.
In his motion, he said that attorney Matthew T. Allen had “failed to provide an adequate and reasonable defense.”
“Defendant has lost faith in counsel and no longer trusts counsel’s advice,” Pettit added.
The judge didn’t delve into Pettit’s motivations for seeking a new lawyer, but Allen weighed in on it.
“Without getting into too much detail, I’ve had conversations with Mr. Pettit and we believe it’s in his best interest to have counsel — whether that’s the public defender’s office — who will do an appeal that Mr. Pettit … filed today,” Allen told the judge. “It’s probably in his best interest to have new counsel do that for various reasons.”
Pettit mailed his notice of appeal from the Karnes County Detention Facility, where he’s awaiting a May 2 restitution hearing. His letter on notebook paper simply gave notice of an appeal to the 5th U.S. Circuit Court of Appeals “from judgment of conviction.”
At his sentencing Feb. 21, Pettit had waived his right to appeal.
At the outset of his criminal case in late 2022, Pettit had been appointed a public defender before he hired Allen.
“The court did find him to be indigent,” Allen said. “His fi
nancial situation has only worsened, so we believe he would still qualify for that.”
Bemporad noted a defendant has 14 days after a judgment is entered to file an appeal. The judgment against Pettit was entered
March 7, so he missed the deadline. Nevertheless, the judge said the time can be extended by 30 days for “some excusable neglect” or explanation why there should be an extension.
Allen said it was his understanding the judgment would be entered after the May 2 restitution hearing.
Assistant U.S. Attorney Kelly Stephenson said prosecutors intend to seek “tens of millions of dollars in restitution.” In addition, the prosecutor said, Pettit faces a $65 million forfeiture money judgment. Such a judgment is similar to a fine.
About six months before he was indicted, Pettit filed for bankruptcy protection for himself
and his law firm. He also gave up his law license and shuttered his law practice.
Creditors in Pettit’s bankruptcy have filed more than $250 million in claims, though his bankruptcy lawyer has questioned the validity of some claims.
In granting a public defender, Bemporad said “if for some reason
the convictions and forfeitures are overturned” and it’s determined that Pettit has funds to pay for counsel, he will be required to make reimbursement for those services.
Pettit, dressed in prison garb and shackled, didn’t speak to the judge during the hearing other than to thank him for granting the motions.