Cleaned up and finalized
Yes the appeal will be the final part of the legal process. The appeal will review to see if there was any irregularities in the trial. There will not be. The appeal will be denied and will conclude the legal process. The appeal might take years. At a trial in a U.S. District Court, witnesses give testimony and a judge or jury decides who is guilty or not guilty — or who is liable or not liable. The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.
But if this is a last cry to try and put out there that somehow someway Schena and all of the conspirators will somehow magically get put back in time and absolved of their crimes & good name restored, well that's just not going to happen. Judge Davila is a seasoned judge. The jury gave a unanimous decision on all counts. The appeal will fail.
Winning an appeal in federal court is a huge challenge. The odds are stacked against appellants from the get-go. The vast majority of appeals fail.
Funny, but this board has always been a source of false and misguided hope in the light of overwhelming evidence:
1: Schena Arrested and charged: Postmaster blamed. People on this board accused of being over zealous for reporting to the SEC/DOJ. US Justice system blamed. Big Pharma blamed. Gaslighting was a standard here on the science, the law and just about everything else to try and dismiss what was happening.
2. Schena decides to go to trial: Gaslighting continues. The "REAL" reason they committed crimes will be coming to light! The kickback laws are garbage!! Schena has a right to defend himself!!!! The DOJ is garbage. The legal system is garbage. The SEC took too long to penalize them! Medicare approved the claims so it must be fine!!!!!
3. Schena and all of the conspirators convicted. ALL conspirators go to trial and take the stand against Schena under the penalty of perjury. Any discussion about the what, where and legally why (according to Schena) this all happened was not brought to light in trial. There was no legal justification for these actions. They were caught, brought to trial (or they admitted their guilt) and convicted. If there was anything that could have absolved them from the crimes, the trial was the place to bring it to light. That did not happen. They are now all felons. Criminals. Convicts. Period.
4. The appeal: Yes the appeal has been filed. And it will be denied. There is no magic wand here that absolves Schena from what he did. There will be no magic release from Atwater Camp. There will be no part of the appeal that says "Wait, the grand jury, trial jury, judge or any other part of this process was wrong. Of course Mark Schena is innocent. We restore his name and will let him make his rhubarb and strawberry pies. We called the Nobel Prize people and Schena really WAS on the short list!!!. Of course the company was worth 4 Billion!! How did we miss it all during the years of the trial process??" See how ridiculous that sounds? Why, because it's not reality. The reality is they were all caught, convicted and now must pay their debt to society.
So the date for release is 11/15/2030. I would get used to that, unless he decides to throw some binders at someone in Atwater. Then he will do the full 8 years.
So if anyone believes a White Knight is going to sweep in here and make it all better.....Don't.
