It’s a Hail Mary in a wind storm; meaning it rarely works. And this case was no exception.
Just about anyone who goes to trial and loses seeks to have the Judge review the jury’s decision (especially someone with the Raj’s resources). The hope – prayer really – is that the judge will find that that “no reasonable juror” could have found the defendant guilty on the evidence presented by the prosecution.
It’s a Hail Mary in a wind storm; meaning it rarely works. And this case was no exception. Judge Howell affirmed all 14 counts of the conviction in a carefully worded 28-page opinion. The Judge made clear there was more than ample evidence for the jury to sink their teeth into and find Raj guilty:
"A reasonable jury could have found Rajaratnam guilty as to Count One [conspiracy] on the basis of Smith’s testimony alone."
The manner in which Judge Howell ruled does not bode well for Mr. Rajaratnam regarding the all-important issue of sentencing. The Judge has no doubt of his guilt. I predict a prison sentence of at least fifteen years. We’ll see in late September when sentencing is currently scheduled.
Come sentencing day, the immediate concern for Raj will whether he can stay home while he inevitably appeals his case to the 2nd Circuit Court of Appeals. The process can take up to 18 months. That will be up to Judge Howell and, based on the language of yesterday’s ruling, it doesn’t look good for Thanksgiving at the Rajaratnam home.