Former New Orleans Mayor Ray Nagin has asked a federal judge to throw out his indictment on bribery charges, claiming the case has been tainted by prosecutorial misconduct.
U.S. District Judge Helen Berrigan refused Tuesday to order prosecutors to provide Nagin's attorney with a copy of a sealed report stemming from a Justice Department probe of anonymous online comments posted by at least three federal prosecutors.
But Nagin's lawyer, Robert Jenkins, argued in a court filing that there is other evidence that prosecutors engaged in a pattern of misconduct that will deprive his client of a fair trial.
Nagin was the subject of anonymous posts by prosecutor Sal Perricone, who was a top deputy to former U.S. Attorney Jim Letten. Perricone resigned after acknowledging his online activities.
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