Lawyers for Anthony D. Marshall, the son of socialite Brooke Astor, and attorney Francis X. Morrissey, yesterday won their bid to keep their clients out of jail pending appeal. Justice Helen E. Freedman of the Appellate Division, First Department (See Profile), set bail for each at $5,000. She also increased their personal recognizance bonds, which are not secured, to $500,000 from $100,000. The earliest an appeal will be heard is September.
John R. Cuti, representing Mr. Marshall, and Thomas Puccio, Mr. Morrissey’s lawyer, had asked for the stay, claiming they will raise substantial legal issues on appeal. Specifically, they cited trial Justice A. Kirke Bartley’s (See Profile) refusal to conduct an inquiry after a juror sent a note to the judge saying she felt threatened by another juror. Mr. Cuti, of Davis Wright Tremain, also pressed Mr. Marshall’s age, 85, and infirm condition as reasons why he should not be incarcerated while appeal is pending.
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