Developer seeks new trial in campaign contribution case

Former power broker Harvey Whittemore is seeking a new trial.

In court papers Wednesday, his defense lawyers told Senior U.S. District Judge Larry Hicks that the “interests of justice” warrant the new trial.

Whittemore, 59, an attorney who became a wealthy developer after giving up his influential lobbying career, was convicted May 29 of unlawfully funneling more than $133,000 in campaign contributions to U.S. Senate Majority Leader Harry Reid.

His lawyers cited several reasons to overturn the conviction:

-- Hicks failed to remove a juror who appeared to be biased against the defense.

-- The federal jury was given “erroneous and incomplete” instructions before it deliberated.

-- Federal prosecutors made prejudicial statements during their closing arguments that weren’t supported by the evidence.

-- The verdict went against the weight of the evidence presented during the two-week trial.

Whittemore’s lawyers also filed a separate motion to dismiss the three-count conviction, arguing the counts failed to state criminal offenses.

The Reno jury found him guilty of making excessive campaign contributions, making contributions in the name of another and causing a false statement to be made to the Federal Election Commission.

The jury deadlocked on the fourth count, making a false statement to the FBI, and Hicks declared a mistrial on that count.

Whittemore, who is to be sentenced on Sept. 23, has vowed to appeal his conviction.

He was indicted in June after a FBI investigation into his 2007 fundraising efforts for Reid, his longtime friend.

Federal prosecutors alleged Whittemore met with Reid at an upscale restaurant on the Strip in February 2007 and promised to raise $150,000 for the Nevada Democrat’s re-election campaign.

Whittemore hatched the scheme days before the March 31, 2007, campaign contribution deadline without Reid’s knowledge in a desperate attempt to fulfill his promise to the senator, one of the most powerful members of Congress, prosecutors alleged.

Whittemore was accused of giving money to 29 family members and employees of his former development company, Wingfield Nevada Group, and then using them as “conduits” for illegal contributions to Friends for Harry Reid.

At the time, Whittemore was developing Coyote Springs, a master-planned community in Southern Nevada, and needed congressional help to overcome government hurdles.

Contact Jeff German at jgerman@reviewjournal.com or 702-380-8135. Follow @JGermanRJ on Twitter.