William Moyer is following his chief. Whether he follows him to prison or not is up to Judge Richard A. Caputo. And this is because on Wednesday Moyer’s attorneys filed a motion to get his conviction overturned. On Monday, Matthew Nestor’s attorneys filed a motion to have their client’s conviction abolished.
Moyer’s defenders argue that the federal prosecutors didn’t present enough evidence to have him convicted of giving false testimony to the FBI.
A federal jury convicted him on that charge on Jan. 27. A third former policeman, Jason Hayes, was acquitted of all charges against him.
Republican Herald’s Peter Bortner details what Moyer argued in his motion:
In his motion, Moyer alleged that his conviction was based entirely on an almost inaudible audiotape of a 911 call by Edward Ney, Shenandoah, made shortly after Ramirez’s beating.
Prosecutors said Moyer lied to the FBI when he said Ney talked about a man with a gun and did not talk about Ramirez’s beating. Prosecutors said Ney talked about a group of teenage boys who had beaten Ramirez and were fleeing the scene, and never mentioned a man with a gun.
Moyer alleged that both he and Hayes testified that Ney did talk about a man with a gun – a gun that turned out to be a BB gun was found that night near the scene of Ramirez’s beating – and that they heard nothing about Ramirez.
“The evidence did not establish any false statements to the FBI by Moyer, nor did it establish that any statements by Moyer were material to a federal investigation,” the motion reads in part.
Moyer also said that the jury did not indicate in its verdict which statement that he made was false.
He also alleged he should at least get a new trial because the verdict was not supported by substantial evidence and was against the weight and preponderance of the evidence.
Judge Caputo is scheduled to sentence Nestor and Moyer on April 29 in Wilkes-Barre. Nestor faces a possible 20-year prison sentence, while Moyer faces a possible five-year one.