Former state senator Gilbert Baker (left) and former circuit judge Mike Maggio

Former Circuit Judge Mike Maggio, who spent about five years in federal prison for taking a bribe, has petitioned the federal court to end his supervised release.

Maggio was the only person convicted in an alleged conspiracy in which he reduced a $5.2 million nursing home verdict in return for campaign contributions from the nursing home owner. The contributions were arranged by former Republican Party chair Gilbert Baker. The nursing home owner, Michael Morton, was never charged. Baker’s first trial ended with an acquittal on one charge and a hung jury on the others. The U.S. government last week dropped the remaining charges. A trial that had been scheduled next month.

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When sentenced to 10 years in 2016, Maggio also was sentenced to two years of supervised release. He was released in September 2021 because of his agreement to help in the prosecution of Baker. He testified at the first trial. The supervised release began Oct. 24, 2021 and has a year to run.

The request by Maggio’s attorneys said:

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Mr. Maggio is being supervised in the Eastern District of Arkansas where he and his family live, work, and attend church. No fines or restitution were ordered. Prior to filing this petition, defense counsel provided a copy to the supervising probation officer. The probation officer has not replied. Prior to filing this petition, defense counsel provided a copy to the Assistant U.S. Attorney who opposes this petition.

The filing enumerated policies favoring early termination of supervision and added:

Pursuant to the policy, “there is a presumption in favor of recommending early termination” for supervisees after the first 12 months if they are not “career violent and/or drug offenders, sex offenders, or terrorists,” if they “present no identified risk to the public or victims,” and if they are “free from any moderate or high severity violations.”

They also said early termination saves the cost of supervision and allows probation officers to focus more on “offenders who continue to pose the greatest risk of recidivism.”

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They concluded in asking for the change:

Mr. Maggio satisfies all the factors set forth for early termination. He has completed all his terms of supervision and has no need for programming or treatment. There was no fines or restitution ordered. He had minimal special conditions and has fully complied with all of them. Notably, he has no conditions requiring any sort of programming or counseling, and none has been needed during the course of supervision. Neither his probation officer, nor the government opposes this petition. Mr. Maggio conviction is listed above. He self-surrendered and served his prison time without incident. His supervision has likewise been without any incident. Mr. Maggio has steady employment, residence, and family life. He is the father of several children and grandchildren. He resides with his wife in Conway, Arkansas All of his children are successful. He and his wife regularly attend church

 

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