PROSECUTORS APPEAL NEW-TRIAL RULING

ORLANDO -- Federal prosecutors have appealed a judge's decision to
grant a new trial for a Cocoa clothier and club owner held on drug and
other charges.

Attorneys for Antonino "Nino" Lyons received a letter from the United
States District Court on Thursday, informing them of the appeal. The
May decision by U.S. District Judge Gregory Presnell to grant Lyons a
new trial will now go to the 11th Circuit of Appeal in Atlanta.

Decisions are usually handed down within eight months to a
year.

Lyons' attorney, Gregory Eisenmenger, said the original ruling, based
on prosecutor misconduct, can withstand appellate scrutiny.

"This was one of the likely scenarios I discussed with my client," he
said.

"But I am absolutely certain the judge's order will be upheld by the
court on appeal."

Lyons, 41, has been in jail since federal agents raided his Cocoa
store and Rockledge home in August. Federal prosecutors say Lyons
peddled fake designer clothes and used the store as a front to sell
drugs.

In November, a 12-member jury convicted Lyons of conspiracy to possess
and distribute cocaine, trafficking in counterfeit merchandise and
carjacking.

The government's case relied on the testimony of 26 convicted felons
who said they bought drugs from or sold drugs to Lyons.

However, Presnell threw out the verdict after Eisenmenger appealed.
The judge granted Lyons a new trial, ruling Assistant U.S. Attorney
Bruce Hinshelwood intentionally withheld evidence and some of the
felons lied under oath.

Still, Steve Cole, a spokesman for the U.S. Attorney in Tampa, said
his office has "a very strong case, and obviously that's why we are
appealing."

At a bond hearing June 5, Hinshelwood again brought three federal
inmates who said Lyons told them he planned to kill two witnesses,
fabricated evidence to malign prosecutors and said a friend of Lyons
was plotting to kill a federal judge not involved in the case.

Robert Berry, who represented Lyons at the bond hearing, said the
inmates' stories didn't corroborate each other and asked for all of
the letters between the inmates and federal agents. In one of the
letters, Berry said a witness who testified against Lyons had
previously written that federal agents were coaching five other
witnesses with their statements.

After reading the letters, Presnell ruled the notes to federal
prosecutors contained evidence indicating that at least one of the
witnesses may have lied during the bond hearing.

Eisenmenger's main worry now is getting his client a bond, he
said.

"I feel it would be unfair for Mr. Lyons to be incarcerated while the
government appeals," he said.