Brocade's Ex-CEO looks to overturn conviction

NEW YORK (Reuters) - Lawyers for the former Brocade Communications Systems Inc <BRCD.O> chief executive convicted of backdating stock options have asked a U.S. federal judge to overturn the conviction, according to court documents.

Four months ago, a jury convicted Gregory Reyes on 10 counts related to options backdating, despite his claim that he relied on advice from finances and human resources experts.

But in documents filed in U.S. District Court in San Francisco last week, Reyes' lawyers requested a new trial after a key Brocade finance department witness recanted her testimony.

Elizabeth Moore, the only witness from Brocade's finance department to testify for the prosecution, now admits she was not deceived about the options backdating and that she and other members of the department were aware of the company's retroactive options pricing practices, Reyes' attorneys said in court documents.

"Based on this new evidence, and the central role that Ms. Moore's testimony played in the prosecution's conviction of Mr. Reyes, one cannot have confidence in the jury's verdict, and a new trial is required to prevent a miscarriage of justice," Reyes' attorneys wrote.

Earlier this month, a San Francisco jury convicted Stephanie Jensen, Brocade's ex-personnel director, of conspiracy and falsifying records in connection with options backdating.

Jensen's attorneys argued at trial that she did not understand accounting implications of backdating and could not therefore have committed fraud.

Prosecutors sought to interview Moore for Jensen's trial, but her lawyers said she would assert her Fifth Amendment right against self-incrimination in connection with her testimony at the Reyes trial.

The lawyers for Reyes requested that the court, at a minimum, hold a hearing and give Moore immunity for her testimony.

The U.S. Attorney's office in San Francisco was not immediately available for comment on the filings.

(Reporting by Emily Chasan; Editing by Lisa Von Ahn)