CALIFORNIA IN BRIEF : SACRAMENTO : Carpenter Acts to Avoid Retrial

In an effort to avoid a retrial, former state Sen. Paul B. Carpenter on Thursday asked the U.S. 9th Circuit Court of Appeals for a new hearing and a complete reversal of four felony convictions on extortion and racketeering charges. Two weeks ago, a three-judge panel reversed the Carpenter convictions, stating that the jury had not been properly instructed following a monthlong trial. But the appellate court panel concluded that he might have been convicted with proper instructions and allowed a new trial. U.S. Atty. George L. O’Connell has said that he intends to try Carpenter again. Carpenter’s petition--asking that the case be reheard before 11 judges of the 28-member appellate court--is the former lawmaker’s first step in attempting to block a second trial on the charges. Carpenter was convicted of extorting campaign contributions from several sources, including an FBI agent posing as a businessman as part of a federal sting operation in 1986, when the lawmaker was running for a seat on the State Board of Equalization. He maintained his innocence throughout his trial.