US District Court Judge Paul Gadola has ruled that the 1999 conviction of Clarkston businessman Joseph E. Puertas for drug delivery will stand, despite Puertas? attorney Robin Frankel’s claims that her client did not receive a fair trial in Oakland County Circuit Court.
On Oct. 20, Gadola released his ruling in Detroit, saying that Puertas did receive a fair trial in Oakland County. Puertas? attorneys plans to appeal the decision in the 6th US Circuit Court of Appeals in Cincinnati.
Puertas was convicted by a jury of racketeering and six counts of drug delivery, stemming from his 1997 arrest at the former Megabowl in Orion Township, a family-owned business.
Police used testimony from a man who said he purchased drugs from Puertas, but a raid of the bowling alley and Puertas family homes never revealed any drugs.
Police did confiscate $2 million in cash and jewelry from the family’s safes. Proceeds from the sale of the Megabowl, about $5 million, were also taken under state drug forfeiture laws.
Puertas was sentenced to 14 years in prison, and has spent most of his time since the 1999 conviction free on bond.
In his ruling, Gadola did say that Puertas? argument was ‘adequate to deserve encouragement to proceed further.?
Puertas? 1999 conviction was tossed by the trial judge after it was found that the prosecutors had a report from the Michigan State Police, which was not shared with Puertas? attorneys, that questioned some of the evidence being used against him.
Puertas has also had a prior conviction, in 1991, for drugs. Puertas, 77, has bladder cancer and heart disease.
He will have 45 days to report to prison if a request by his attorney to have his bond extended is denied.