Emails central to former Va. lawmaker's appeal

By Larry O'dell

Associated Press

Published: Saturday, Oct. 20 2012 6:35 a.m. MDT

FILE - In this Monday May 9, 2011 file photo former Del. Phil Hamioton, right, exits federal court with his wife, Kim, after testifying in his bribery and extortion trial in Richmond, Va. Hamilton was convicted and is hinging an appeal on an email and others between he and Kim Hamilton are central to the former Newport News lawmaker’s appeal of his federal bribery and extortion convictions. He claims the emails are protected by “marital privilege” and should not have been allowed as evidence in his trial last year.

Steve Helber, Associated Press

Enlarge photo»

RICHMOND, Va. — Emails used to help convict a former Virginia lawmaker of bribery and extortion are central to his appeal.

A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond hears oral arguments in Phillip Hamilton's case Wednesday.

Hamilton was convicted for securing $500,000 in state funds for a teacher training center at Old Dominion University while negotiating a job as the center's director. The Newport News Republican was vice chairman of the House Appropriations Committee at the time.

Hamilton claims emails in which he and his wife discussed their finances and his attempts to get the ODU job shouldn't have been allowed as evidence at his trial. He says they should have been kept private under a protection known as marital privilege.

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