Source:
NYTALEXANDRIA, Va. — Representative Vito J. Fossella was sentenced on Monday to a mandatory five days in jail following his conviction on charges of drunken driving. But he intends to exercise his right to a second trial in a state appeals court, lawyers involved with the case said.
Mr. Fossella, a Republican from Staten Island, was sentenced more than three hours after first appearing in front of Judge Becky Moore of Alexandria General District Court.
It is a fall from grace for an elected official who had been a popular congressman in his district, which includes all of Staten Island and parts of Brooklyn. He had been close to the Bush administration, even having Vice President Dick Cheney attend a fund-raising event this year for a possible re-election.
It is unclear, however, whether Mr. Fossella will ever serve time, because of the appeal filed by the congressman’s lawyer. Under Virginia law, the filing of an appeal in a misdemeanor case automatically calls for a new trial to take place in a higher court, the Alexandria Circuit Court.
“In the case of an appeal in a case like this, it’s as if nothing happened in the lower court,” said David Lord, the lawyer in the Commonwealth Attorney’s office for Alexandria who prosecuted Mr. Fossella. “There aren’t many states that have that. It’s only for misdemeanors.”
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http://cityroom.blogs.nytimes.com/2008/12/08/fossella-is-sentenced-to-five-days/?apage=1