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Convicted Felon In Chauncey Bailey Case Makes Appeal

OAKLAND (KCBS)— One of two criminal defendants sentenced in Oakland on Friday to consecutive life terms in the murder case of East Bay journalist Chauncey Bailey is already working on an appeal.

Shortly after Antoine Mackey was sentenced to consecutive life terms without the possibility of parole for Bailey’s shooting death, his attorney Gary Sirbu had already begun working on the appeals process with the Alameda County Superior Court.

KCBS’ Dave Padilla Reports:

Mackey and former Your Black Muslim Baker leader Yusef Bey IV, both who received consecutive life in prison terms, are maintaining their innocence in connection to Oakland Post editor Bailey’s death as well as two other men.

Sirbu said he would be filing a notice of appeal and related documents with the clerk of the court.

“Included in that is a motion by Mr. Mackey for the appointment of counsel,” Sirbu said.

Prosecuting attorney Melissa Krum is expects the case to be appealed on some grounds.

“Mr. Mackey has already filed his statement of appeal and the basis is the change of venue motion and the admission of some of the evidence,” said Krum.

The homicides occurred in the summer of 2007. A third defendant Devaughndre Broussard who shot and killed Bailey at close range is serving a 25-year sentence in exchange for his testimony against Bey IV and Mackey.

(Copyright 2011 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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