ALEXANDRIA, VA -- Former Congressman William Jefferson will remain out of jail pending his appeal process, which could extend for months and perhaps years, according to a ruling from a federal judge Wednesday.
Judge T.S. Ellis ruled that Jefferson, who was sentenced to 13 years in prison after a conviction on several corruption charges, need not report to prison immediately. Ellis ruled that Jefferson is not a flight risk and that there is a "substantial" question for appeal.
Jefferson will be placed under GPS monitoring at his own expense and his passport will remain in the hands of his defense counsel. His travel will be restricted to the Eastern District of Louisiana, unless the probation office allows for him to travel.
Jefferson’s attorneys had been seeking to keep him out until the appeals process had run its course, while prosecutors were hoping his term would begin shortly.
Dane Ciolino, a Loyola University law professor, called the judge's decision a rarety.
"It almost never happens. Defendants are rarely granted bond pending appeal," Ciolino said.
Ciolino said while the counts concerning official acts were unusual and would present an interesting question on appeal, there were other counts of conviction that he very well may have gotten jail time for.
The Bureau of Prison has not announced what prison would become Jefferson's new home should Jefferson be sent to jail after the appeals process. Jefferson's defense team has said their client would want it to be a low-security facility in Pensacola. Ellis said he wouldn't include a recommendation for the prison because he doesn't want to tie the Bureau of Prisons' hands. Ellis said he would indicate that Jefferson wants a facility near his home in New Orleans.
Jefferson’s sentence was the longest ever given to a congressman for corruption charges. He was the target of an FBI sting in which he was videotaped accepting a briefcase filled with $100,000 cash. Most of that money was found a few days later in his freezer.
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