New Orleans -- Former NOPD Sgt. Arthur Kaufman was convicted of conspiracy, lying to police and falsifying evident in the Danziger Bridge shooting. With his sentencing just a week away, Kaufman's attorney, Bill Gibbens filed a last minute motion to get his clients' sentencing delayed because of controversial comments posted by then-federal prosecutor Sal Perricone.
Gibbens is also the attorney who is responsible for unmasking Perricone in the first place as the man behind the handle, 'Henry L Mencken1951'.
Gibben's motion says Perricone posted about 70 derogatory comments about the Danziger case and the NOPD. It also states that Perricone posted an additional 270 comments about Kaufman and the bridge case under different handles besides 'Henry L Mencken1951'.
In the motion, Gibbens is asking for more time to evaluate the improper comments.
"Anybody can file anything they want but the object of this is whatever was on the blogs. Did that make a difference? It would have to mean we've got to have a do-over on my case because if it was so prejudice I can get a new bite at the apple," says FOX 8 legal analyst Joe Raspanti.
Perricone was not involved in the Danziger prosecution. Raspanti believes it will be tough to prove that his comments would have changed the outcome of the Danziger case.
"I think it's a pretty high mountain to climb, but they have a right to do it and they're doing it." says Raspanti
Kaufman's attorney may not be the only one who tries to use the Perricone comments as a reason for a motion. Kaufman, right now, is set to be sentenced next week with four others convicted in the Danziger case. So far, though, no one else has asked the Judge to delay sentencing.
"They may take their shot, but it's a pretty high standard especially in the 5th Circuit which is where we are right now. To get this think overturned because somebody said something about you in a blog, I mean, something is said about everybody on a blog, so I think it will be tough.
Ultimately, the final decision will be up to the federal judge.
Kaufman's sentencing is set for next Wednesday. His attorney has asked the judge to hold a hearing before then.