Trenton mayor Tony Mack has filed arguments with the federal district court, seeking a new trial. Elected in 2010, Mack was convicted in February on charges of extortion, bribery, wire fraud and mail fraud for accepting tens of thousands of dollars in bribes from federal informants posing as parking-garage developers looking to build on a plot of city-owned land downtown.

Attorney Mark Davis represented Mack during the trial in Trenton and claims that U.S. attorneys misled the jurors during their presentation of evidence and again on closing statements. “The government’s flagrant and willful misstatement of the facts and evidence to the jury constituted misconduct warranting a new trial,” Davis stated.

Davis referred to witness testifying about a video of a meeting where Joseph “JoJo” Giorgianni, a friend and supporter of Mack handed him an envelope filled with cash. Davis said jurors heard wiretapped phone and video recordings of the meeting that were not in sync. He added that Mack was present at the meeting but was on his cell phone at the time and was not aware what the money was for.

“It would be impossible for Tony Mack to give Mr. Giorgianni his ‘full, undivided attention’ in the back of the steakhouse while using his cell phone for an uninterrupted five minutes,” Davis wrote in his motion to the U.S. Third Circuit Court of Appeals. Mack and his brother Ralphiel were found guilty.

Mack is currently serving a 58-month sentence in a West Virginia prison. Davis will try to get his client out of jail with his motion.