MOUNT VERNON, N.Y. – The confusing case of former Mount Vernon Planning Commissioner Constance “Gerrie” Post continues to get stranger as prosecutors decide what’s next.
The 2009 corruption conviction of Post, and her former boyfriend, Wayne Charles, was thrown out by a federal judge in White Plains earlier this month. On Monday, they were back in court for the first time since that ruling,
Post and Charles were convicted by a federal jury of plotting to illegally direct municipal contracts and loans to companies controlled by Charles.
The judge granted prosecutors an additional 30 days – through July 31 – to decide whether to retry the pair or to appeal the judges ruling that overturned the conviction in the first place.
Earlier this month, lawyers for the pair successfully argued that the 2009 convictions could not stand after the U.S. Supreme Court changed the theory of “theft of honest services” fraud that prosecutors relied on during the case. That decision ended three years of legal limbo as both Post and Charles were convicted, but not sentenced, as the definition of “honest services” was determined.
At the June 4 ruling, U.S. District Judge Kenneth Karas dismissed charges of mail fraud and conspiracy to commit mail fraud against both Post and Charles, but let stand a conviction against Charles for making false statements to investigators from the U.S. Department of Housing and Urban Development.
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