CONCORD, N.H. — A federal appeals court has allowed James Tobin, who was sentenced to 10 months in prison for his role in an Election Day phone-jamming plot against New Hampshire Democrats, to remain free until his appeal is decided. Tobin, 45, of Bangor, a former regional chairman of President Bush's re-election campaign, was convicted in December of two felony telephone harassment charges in the November 2002 phone-jamming case. That election involved a hotly contested U.S. Senate race between then-Gov. Jeanne Shaheen, a Democrat, and Republican John Sununu. Sununu won by about 20,000 votes.
Tobin was scheduled to start his prison sentence Friday. U.S. District Judge Steven McAuliffe had denied a motion to stay Tobin's sentence until his appeal had been decided, saying he didn't believe the appeal presented "a substantial question of law or fact" likely to result in reversal, a new trial or a reduced sentence.
Earlier this month, Tobin's lawyers appealed his conviction to the First Circuit Court of Appeals in Boston. They also asked the court to allow him to remain free pending his appeal, saying that the government never challenged that Tobin isn't likely to flee or pose a danger to others.
http://pressherald.mainetoday.com/news/state/060620phonejam.shtmlCrap!!!