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Gary Johnson asks court to overturn guilty verdict in federal bribery case

The former Toledo city councilman was found guilty on one charge last month, acquitted on another.

TOLEDO, Ohio — Gary Johnson and his attorneys are asking a judge to overturn a guilty verdict handed down last month in his federal bribery case.

The former Toledo city councilman was found guilty on one count of taking money in exchange for votes, but acquitted on one other charge. In a filing dated June 26, Johnson is asking Judge Jeffrey J. Helmick to either overturn the guilty verdict or grant him a new trial.

"Mr. Johnson's conviction on Count 12 is contrary to law and the evidence is insufficient to sustain a conviction," the filing states.

Johnson was charged with two counts of extortion under the Hobbs Act. He was accused of accepting two bribes, totaling $3,000, in exchange for affirmative votes on proposed internet cafes in Toledo.

Johnson's attorneys argue in the new filing that the Hobbs Act is void and does not apply in this case, there was insufficient evidence to convict and "outrageous government conduct throughout the investigation" violated Johnson's rights to due process.

Federal parties have until July 24 to file a response.

The jury delivered its verdict on June 14 after days of deliberating. At one point, jurors told the judge they were deadlocked on one or more charges and were instructed to keep deliberating.

The jury submitted a hand-written note to Judge Helmick saying they were delivering the verdict "with heavy hearts." Defense attorney Richard Kerger said he had never seen anything like it in 50 years.

Johnson is one of four Toledo City Council members arrested in 2020 and charged in the federal corruption case. The three other defendants --  former council members Tyrone Riley, Larry Sykes and Yvonne Harper -- pleaded guilty in December to accepting bribes during their time in office in return for legislative support, according to the U.S. Department of Justice. 

They have yet to be sentenced.

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