Ex-Sen. Carpenter to Be Retried on Political Corruption Charges

The Supreme Court cleared the way Tuesday for ex-state Sen. Paul Carpenter to be retried on political corruption charges, rejecting without comment his assertions that racketeering and extortion charges cannot be applied to his conduct.

Earlier this year, a federal appeals court threw out Carpenter’s 1990 conviction on the grounds that the jury had not been properly instructed. Prosecutors immediately announced they would seek a new trial, but it has been delayed pending the outcome of Carpenter’s appeal.

George O’Connell, U.S. attorney for the Eastern District of California, expected the high court to deny Carpenter’s appeal and was looking forward to a retrial, according to a spokeswoman for his office. The case will return to the district court in Sacramento, where a new trial date will be set.

In his first trial, Carpenter was found guilty of accepting a $20,000 contribution in 1986 from an FBI agent who posed as a businessman seeking passage of a bill to help build a shrimp-processing company near Sacramento. Carpenter also was convicted of extorting campaign contributions from real lobbyists.

As a result of the conviction, Carpenter, who had left the Senate for a seat on the state Board of Equalization, lost his public office.

The 9th U.S. Circuit Court of Appeals reversed the convictions last April. The justices cited a recent Supreme Court ruling in a West Virginia case that said prosecutors must prove an official promised a specific favor in return for a contribution.

In the Carpenter case, the trial judge told the jury that such proof was not required for conviction.

The 9th Circuit court allowed a second trial, saying there was enough evidence to convince a properly instructed jury he had promised support for bills in exchange for money.

In his appeal, Carpenter said federal laws against extortion and racketeering are unconstitutionally vague.