Judge denies request to dismiss charges against Nagin

New Orleans, LA. - A federal judge has refused to dismiss criminal charges against former New Orleans Mayor Ray Nagin.  Nagin's lawyer was trying to get the bribery charges thrown out, arguing that the case was tainted by prosecutorial misconduct. Defense attorney Robert Jenkins had said the alleged misconduct included anonymous online posts about Nagin by a former federal prosecutor.

U.S. District Judge Helen Berrigan denied the motion for dismissal Friday.  In her response, Judge Berrigan noted that the  jury will be instructed  that the indictment is not evidence of guilt, and that "the jury alone will determine the defendant's innocence or guilt".

Nagin pleaded not guilty in February to charges he accepted bribes, free trips and other gratuities from contractors in exchange for helping them secure millions of dollars in city work.   Following a court hearing on the case Thursday, Jenkins denied that he's working with federal prosecutors on a deal.

The trial is scheduled to start on Oct. 28, but Jenkins has asked Berrigan to postpone it, saying he needs more time to prepare.