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Twice convicted of federal sex trafficking charges , a Binghamton man is seeking to have the latest guilty verdict tossed out due to insufficient evidence. He's also questioning the credibility of his accusers. Antonio Ballard, 28, faces at least 10 years in prison when he's sentenced April 26 in Binghamton's federal courthouse.
But before that, a federal judge will decide whether to have Ballard's latest conviction thrown out β a similar pitch by the defense after the first trial was not granted.
The U. Attorney's Office accused Ballard of prostituting three teenage girls in Broome County during the latter months of Two girls were 16 years old and another was 15 when Ballard allegedly posted their pictures on the internet site "Backpage. Ballard's defense theory at trial was that the year-old girl actually organized the prostitution, not Ballard, and allegedly fabricated the accusations after he rejected her.
In court documents seeking to throw out the latest conviction, defense lawyer James Medcraf said Ballard knew the year-old had "sugar daddies" who gave her money, but he shouldn't have been found guilty of conduct she allegedly carried out by recruiting other girls to boost her income. Medcraf also questioned the evidence against his client by pointing to conflicting testimony from two girls about where an alleged prostitution act took place.
Testimony from the three girls during Ballard's trial was "inconsistent and at times totally contradictory," the defense lawyer claims. He says the formerly year-old girl "seemed to develop amnesia" during cross-examination after her otherwise confident direct testimony for the prosecution. Attorney's Office is expected to respond to Ballard's bid for a new trial ahead of a March 22 motion hearing in federal court. Ballard's retrial ended in December with a split verdict.