Harlan Kelly, the former general manager of the San Francisco Public Utilities Commission, is seeking to overturn his guilty verdict amid a major corruption scandal that implicated several city officials. The scandal first emerged in 2020, and Kelly’s attorneys are now raising new arguments regarding racial representation in the grand jury that indicted him.
In a submission to the 9th Circuit Court of Appeals, Kelly’s legal team asserts that the grand jury lacked representation from Black citizens, which they argue undermines the legitimacy of the indictment. Kelly’s attorney, Steven Kalar, emphasized that not a single Black individual served on the grand jury that indicted Kelly, noting this fact is indicative of broader issues of systemic underrepresentation in the jury pool.
Kalar reiterated points made in an earlier appeal, highlighting the need to address this alleged inequity in the jury selection process. The brief points to evidence, purportedly provided by an independent statistician, suggesting that Black citizens were underrepresented by a significant margin within the jury pool, violating both the Sixth Amendment and the Equal Protection Clause of the Fifth Amendment.
The government’s stance counters these claims, arguing that the selection process for the grand jury adhered to randomized protocols, summoning a total of 2,000 eligible citizens. Federal prosecutors maintain that the analysis conducted revealed no significant legal underrepresentation of Black jurors, asserting that any observed disparity did not reach the legal threshold for challenge.
Kalar argues that the government’s cited cases to support their position are either irrelevant or unconvincing, asserting that the fundamental right to a fair jury is at the heart of Kelly’s appeal.
Beyond the argument concerning racial representation, Kelly’s legal team also challenges how evidence was handled during his trial, particularly concerning two counts of “honest services” fraud linked to alleged bribery incidents involving Walter Wong, a permit expediter. The charges claim that Kelly received various perks from Wong in exchange for favorable treatment on city contracts.
Kalar noted that the court allowed the introduction of evidence related to city ethics rules, which he contends should have been excluded. He argued that honest services fraud should not hinge solely on violations of local regulations, thereby complicating the jury’s ability to deliberate effectively on those charges.
Harlan Kelly was indicted in 2020, facing serious allegations of bank fraud related to bribery schemes. In a broader corruption investigation that included other city officials, Kelly continued to assert his innocence throughout a trial that culminated in his conviction on multiple charges in 2024. He is currently serving a four-year prison sentence.
As the appeal progresses, the panel of judges at the 9th Circuit will review the existing case records and written briefs to determine if Kelly’s conviction should be overturned. This case draws attention not only to the allegations of bribery but also to the critical issue of fair representation in the judicial process.
Overall, this appeal marks another chapter in what has been a tumultuous period for San Francisco’s public officials, raising questions about governance, ethics, and justice within the city.
As developments unfold, the implications of Kelly’s appeal could resonate beyond his individual case, potentially prompting broader discussions and reforms surrounding jury selection and racial equity in legal processes.
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