Three former prison guards convicted of beating inmates in a federal prison asked an appeals court in Denver today to order new trials, arguing a district judge had made numerous mistakes.
Attorneys for Robert Verbickas, Mike LaVallee and Rod Schultz told a three-judge panel of the 10th U.S. Circuit Court of Appeals that the trial judge had allowed testimony that should have been ruled inadmissible and issued defective jury instructions.
Assistant U.S. Attorney Karl Gellert said any errors by the judge were not significant enough to reverse the convictions.
Verbickas, LaVallee and Schultz were convicted in 2003 of mistreating prisoners in the federal penitentiary at Florence.
The former guards’ attorneys also argued that their sentences were too long because the trial judge made decisions that should have been left to the jury.
Gellert argued the trial judge had not unduly lengthened the sentences and said the sentences were too short. He said the judge improperly relied on defense arguments that the men could be in danger of abuse by other inmates in prison.
The appeals judges did not say when they would rule.
Verbickas, who was sentenced to 2 1/2 years, has been released on probation. LaVallee and Schultz, sentenced to three years and five months each, will be eligible to enter a halfway house in February.
