Bakker’s 45-Year Term Upset, Verdict Upheld

The 45-year prison sentence given to PTL founder Jim Bakker was thrown out today by a federal appeals court that ruled a judge’s remark about “money-grubbing preachers” was improper.

Although it called for a new sentence, the U.S. 4th Circuit Court of Appeals upheld Bakker’s conviction on 24 counts of defrauding his followers.

The appeals court also said Bakker’s crimes had been committed before federal sentencing guidelines were imposed. Under those guidelines, Bakker would have received a 10- to 12-year sentence.

Bakker, who lost his profitable PTL ministry amid a sex scandal, will remain at the Federal Medical Center in Rochester, Minn., until he can be resentenced.

Bakker’s appeal was handled by constitutional attorney Alan Dershowitz, who argued the sentencing guidelines were developed because of judges like the one who heard Bakker’s case--U.S. District Judge Robert Potter of Charlotte, N.C., who is nicknamed “Maximum Bob.”

Dershowitz argued in October that Potter showed his prejudice when he said of Bakker during sentencing: “Those of us who do have religion are ridiculed as being saps for money-grubbing preachers or priests.”

Judge J. Harvie Wilkinson wrote that the panel recognized “that a trial judge on occasion will misspeak during sentencing and that every ill-advised word will not be the basis for reversible error. In this case, however . . . the . . . comments are too intemperate to be ignored.”

Tammy Faye Bakker, known for her mascara, easy tears and steadfast loyalty to her husband, was thrilled by the news.

“I’m just delighted,” Tammy Faye told Milwaukee psychiatrist Basil Jackson on his WTMJ radio show. She told the therapist, who testified in her husband’s defense, that she’d like to “take it to a higher court” and “prove my husband didn’t commit fraud.”

“I am just delighted at what happened,” said Tammy Faye, who started a church in Orlando, Fla. “This is very exciting to me.”

Dershowitz, a Harvard University law professor who helped draft the sentencing guidelines, called the ruling “a gigantic victory.” He said the most important part is that “it has been sent back for resentencing before another judge. Maximum (Bob) Potter will no longer have any influence in this case.”

Dershowitz, whose other famous clients include Claus von Bulow and Leona Helmsley, said Potter interjected his own religious views into the case “and the court found it constituted religious discrimination.”

“Bakker is entitled to be sentenced before a judge free of that kind of bigotry,” he continued. “This sends a very important message (that) even people much criticized and vilified are entitled to an absolutely fair sentencing process. I hope the result is that Jim Bakker will soon be freed.”

Dershowitz said he got involved in “this case because I was outraged with the sentencing. I argued against the sentence and feel vindicated.”