The Utah Court of Appeals has declined to overturn the conviction of a Utah businessman despite finding some error in his trial.
John B. Tenney, found guilty of operating the Cellwest stock fraud scheme from 1986 to 1988, was convicted by a 3rd District Court jury of 12 counts of selling unregistered securities, 12 counts of securities fraud, two counts of employing unregistered agents and a single count of working as an unregistered securities broker, all felonies.His conviction will stand, despite some evidence of misconduct by prosecutors and the allowance of certain expert witness testimony that should have been excluded, according to the appeals court's Thursday ruling.
"Despite the existence of some errors at trial . . . we find no grounds for reversal due to (Tenney's) inability to establish prejudice," the appeals court stated.
Among his other reasons for appeal, Tenney argued that he didn't willingly waive his right to an attorney, a claim challenged by the appeals court. Tenney had defended himself throughout his trial appearances.
" . . . our review of the record indicates that (Tenney) voluntarily, intelligently and knowingly waived his right to assistance of counsel," according to the court's decision.