Former 90 Day Fiancé star Michael Eloshway is facing another setback in his attempt to overturn his criminal conviction. Federal prosecutors have opposed his latest legal request, arguing that his defense attorney did not make the mistakes he alleges. They want the court to uphold his conviction and prison sentence.
Federal prosecutors reject Michael Eloshway’s claims of a botched defense
According to court documents obtained by TMZ, prosecutors strongly opposed his attempt to overturn his conviction and 121-month prison sentence. Eloshway claims his former attorney failed to provide an adequate defense. He argues that his attorney should have hired a computer expert to examine the evidence against him. However, prosecutors say he has not explained what an expert could have uncovered or how those findings might have changed the trial’s outcome.
Prosecutors also challenged his latest request to bring in an expert to review the evidence. They described the request as an “unreasonable fishing expedition.” Prosecutors pointed out that Eloshway admitted knowing the files on his computer could contain child sexual abuse material. Investigators eventually discovered more than 7,000 files containing such material.
Eloshway appeared on Season 1 of 90 Day Fiancé in 2014. He previously claimed that he accidentally downloaded the illegal material while searching for adult pornography using BitTorrent. His defense compared the accidental downloads to receiving unwanted junk mail. However, prosecutors argued that the jury had already considered and rejected that explanation.
Eloshway also wants access to emails exchanged between his former attorney and federal prosecutors. However, the government argued that he knowingly rejected plea deals and that the messages would not change the outcome. Prosecutors further argued that his attorney actually helped him receive a shorter sentence than federal guidelines recommended. They have now asked the judge to reject his latest challenge and keep his conviction and 121-month sentence in place.
