Burfoot’s attorney requests new trial, acquittal on three charges


NORFOLK, Va. (WAVY) — The attorney for Anthony Burfoot has filed several motions challenging a guilty verdict against the Norfolk city treasurer.

Attorney Andrew Sacks filed seven total motions Wednesday requesting a new trial and for some of the charges Burfoot was convicted of to be vacated.

A jury found Burfoot guilty in December on six of eight federal charges, including conspiracy to commit honest services wire fraud, honest services wire fraud, conspiracy to obtain property under color of official right and two perjury charges.

Prosecutors had accused Burfoot of getting more than $450,000 in kickbacks and bribes when he served as a city councilman.

December’s verdict came after jurors heard weeks of testimony from high-profile Hampton Roads businessmen, local developers and Norfolk City Council members.

Sacks argued in the aftermath of the trial that jurors did not follow the judge’s instructions for deliberations. He motioned Wednesday that the jury’s verdicts on three of the six counts be vacated.

In the motions, Sacks argues that there was not enough evidence to establish that there was a conspiracy to commit wire fraud or that Burfoot transmitted or caused to be transmitted a wire communication.

The motions also argue that the evidence shows Burfoot engaged in a conflict of interest rather than a bribery scheme, regarding his alleged former role with Tivest Construction.

Sacks is requesting a new trial due to the jury’s “failure to deliberate fully” as well as the testimony of Norfolk developer Ronnie Boone, Sr. The motions argue that the government elicited “inadmissible opinion and hearsay testimony” from Boone.

Boone had previously pleaded guilty to bribing Burfoot as well as other high-ranking Norfolk city officials — on top of defrauding two banks.

City council voted unanimously in December to request that Burfoot step down from his role as treasurer in the wake of the trial. Burfoot has maintained that he has no intention of resigning from his position.

Norfolk Deputy City Attorney Adam Melita filed a motion Dec. 16 to suspend Burfoot.

Here are the motions filed Wednesday by Sacks:

Stay with WAVY News 10 for the latest updates in the Burfoot case.

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