New trial for Ebbers denied

NEW YORK – A federal judge has denied a bid by former WorldCom CEO Bernard Ebbers for a new trial, paving the way for him to be sentenced today in the record $11 billion fraud.

Ebbers had argued, among other reasons, that the judge or prosecutors should have granted immunity to three witnesses that Ebbers contends could have helped clear him of charges related to the fraud.

“I find that none of these new grounds requires a new trial,” Judge Barbara Jones wrote in a ruling made public Tuesday.

Ebbers’ lawyers had sought the testimony of the three witnesses – former WorldCom executives Ron Beaumont, Ron Lomenzo and Stephanie Scott – but each invoked their Fifth Amendment right and did not testify.

“Defendant fails to show that the government has used immunity to gain a tactical advantage over him, or that the testimony of Beaumont, Lomenzo or Scott would be exculpatory,” Jones wrote.

Ebbers’ lawyers had also argued Jones unfairly told jurors they could find him guilty based on “conscious avoidance,” which they said allowed jurors to convict Ebbers because he “should have known” about the fraud.

The ruling by Jones means Ebbers’ sentencing hearing will go forward this morning.

In papers filed last month, federal prosecutors asked Jones to follow a probation report that calculated Ebbers’ crimes under federal sentencing guidelines and suggested he receive a life sentence.