11192010 - News Article - Cantrell request for rehearing of appeallate case denied, conviction upheld - ROBERT CANTRELL

Cantrell request for rehearing of appeallate case denied, conviction upheld
NWI Times
Nov 19, 2010
nwitimes.com/news/local/lake/cantrell-request-for-rehearing-of-appeallate-case-denied-conviction-upheld/article_06909f65-e750-5778-8463-673389c1b2f6.html

Appellate judges denied a motion for rehearing in the appeal of a longtime region politician Robert Cantrell, who was sentenced to more than six years in prison for fraud, according to federal court filings Thursday.

The 7th U.S. Circuit Court of Appeals in Chicago denied both the request for a rehearing among the three-judge panel who rejected Cantrell's appeal in August, and the request for an en banc hearing before all the appellate judges. According to court records, it was a unanimous decision among the judges.

Cantrell's Chicago-based attorney, Daniel Rubinstein, filed a request for rehearing within weeks of the judges denying the appeal, asking them to vacate Cantrell's convictions of honest services fraud. In the filing, Rubinstein claimed the appellate panel opinion conflicted with the Supreme Court's recent ruling that limited the scope of honest services fraud to cases involving bribery and kickbacks.

In Cantrell's case, the appeals court ruled his actions met the qualifications.

"By failing to fairly, honestly and candidly award contracts, Cantrell defrauded North Township and its citizens of their right to his honest services," Evans wrote in the appellate decision. "This was clearly a kickback scheme."

Rubinstein declined comment Thursday.

Cantrell, who is now close to 70 years old, had been active in local politics. In addition to his work as a teacher and politician, Cantrell had been a basketball star at the University of Michigan and a decorated war veteran.

"Unfortunately, during the past decade Cantrell also got into some serious trouble," wrote Circuit Judge Terence T. Evans in the appellate decision.

A jury found Cantrell guilty on 11 counts of fraud and fraud-related charges in 2008.

He was convicted of using his position as a public official to steer contracts to a third party in exchange for kickbacks. The jury also found him guilty of filing false income tax returns and insurance fraud, where he "deceptively" obtained coverage for two of his children. Cantrell was ordered to repay the $68,000 he took from North Township through contract fraud, according to court records.

Cantrell's son and local attorney, John Cantrell, did not respond to requests for comment.

Bryan Truitt, a Valparaiso-based attorney who had represented Cantrell in the original case and appeal, said he thought a new trial was in order because jurors could not be instructed on the Supreme Court honest services ruling that came out years after the trial.

"I feel bad for Bob, Barbara and the children because I firmly believe this is injust," Truitt said. "These are too good of people with too many good works on their behalf to have this result."