Court stands by decision to overturn contractors' convictions

By Bill Rankin

The Atlanta Journal-Constitution

The federal appeals court in Atlanta has turned down a request from prosecutors for it to reconsider a ruling that vacated the tax conspiracy convictions against a father and son who operate a commercial drywall business in Alpharetta.

Jerry Marchelletta Jr. and his father, of the Circle Group, were convicted in October 2007 of evading more than $1.5 million in income taxes, but their convictions were overtuned last year when a panel of appellate judges said the Marchellettas' trial judge did not give a necessary instruction to jurors before they began deliberations. The U.S. Attorney's Office asked the full court to reconsider, but the court this week denied the request.

Federal prosecutors must now decide whether to retry the Marchellettas. Jerry Marchelletta Jr.'s lawyer, Robert Bernhoft, said, "All that remains is for the U.S. Attorney to end this travesty of justice and admit that they have no valid case against the Marchellettas, and for Jerry and his family to press their case against the government for justice and reclamation of their damaged reputations."