Letter of Apology » Prosecutorial Misconduct

More Prosecutorial Misconduct Allegations Surface In Siegelman Appeal

Dave Westheimer — Mon, 17 Nov 2008 05:15:48 +0000

TIME reported on Friday that it has obtained internal documents showing that USA Leura Canary continued to direct the prosecution of former Alabama Governor Don Siegelman long after she formally recused herself. Canary’s husband Bill is a close political ally of Alabama Governor Bob Riley, who defeated Siegelman in 2002 and easily won reelection against him in 2006 after he was convicted in mid-campaign. The documents are among those provided by whistleblower Tami Grimes, who was prominently featured in 60 Minutes’ feature on the Siegelman case. Grimes also provided evidence of contact between a juror and a member of the prosecution team.

The US Court of Appeals for the Eleventh Circuit will hear oral arguments December 9 in the appeal of Siegelman and co-defendant Richard Scrushy. The DOJ and the House Judiciary Committee continue to investigate. The Press-Register has more.

New Wecht Prosecutor Wants Change Of Venue; Charges To Be Reduced

Dave Westheimer — Mon, 10 Nov 2008 07:45:19 +0000

US District Judge Sean McLaughlin held a status conference on Friday afternoon in the pending retrial of former Allegheny County Coroner Cyril Wecht on public corruption charges. McLaughlin was named to handle the case only a week earlier. AUSA James Wilson told McLaughlin that the government plans to file for a change of venue, claiming bias due to media coverage will make it impossible to select jurors. That’s right — the government wants a change of venue. Considering the conduct of US District Judge Arthur Schwab and former lead prosecutor Stephen Stallings, it’s easy to see why they’re worried. AUSA Leo Dillon told McLaughlin that a new indictment will be filed which will see 27 counts dropped, reducing the number of counts to 14. The original indictment of January 2006 included 84 counts.

McLaughlin set this Friday as the deadline for filing a new indictment and November 21 as the deadline for the defense to file new dismissal and suppresion motions and for prosecutors to file a change of venue motion, but he declined to set a new trial date: “I just don’t think it makes sense right now to throw a dart out there to try to hit a date that isn’t likely to stick anyway.” Perhaps he sees the tenure of USA Mary Beth Buchanan coming to a merciful end soon into the coming administration (Pittsburgh Post-Gazette, Tribune-Review).

Stevens Trial Interrupted Through Monday. Judge Sullivan Blasts Government; Denies Mistrial.

Solomon Wisenberg — Fri, 03 Oct 2008 03:18:34 +0000

CQ Politics reports here on Judge Sullivan’s decision late this afternoon to deny a defense motion for mistrial, despite the government’s delayed production of exculpatory evidence. The judge ordered the government to turn over all rough FBI interview notes and told the parties to be back in court on October 6 for further discussion.

Ted Stevens Trial: Allen Testifies About Renovation

Dave Westheimer — Thu, 02 Oct 2008 07:20:06 +0000

Former VECO CEO Bill Allen continued his testimony Wednesday in the public corruption trial of Sen. Ted Stevens, focusing on the renovations to Stevens’ Alaska home and confirming that VECO paid for the materials and labor. He also described a number of instances in which Stevens had helped VECO’s business.

Allen read a note Stevens had sent him in 2002 thanking him for the work on his house. It stated, in part: “You owe me a bill… Friendship is one thing, compliance with the ethics rules entirely different.” However, Allen said that Bob Persons, a neighbor who had helped oversee the project, later told him that the note was a ruse: “Don’t worry about getting a bill, Ted’s just covering his ass.” Allen’s testimony continues Thursday.

(McClatchy, CQ Politics)

Third Circuit Denies Wecht Motion To Delay

Dave Westheimer — Wed, 24 Sep 2008 06:32:17 +0000

The US Court of Appeals for the Third Circuit on Tuesday denied a motion by attorneys for former Allegheny County Coroner Cyril Wecht requesting a 90 day stay of its order remanding the case to US District Court for possible retrial. Wecht’s attorneys sought the delay to prevent a retrial from starting while they try to get the Supreme Court to consider taking the case, which Wecht is appealing on double jeopardy grounds. In denying the motion as unnecessary, the court said that a retrial wouldn’t prevent Wecht from appealing (Pittsburgh Post-Gazette).

Wecht To Appeal Dismissal Issue to Supreme Court

Dave Westheimer — Fri, 19 Sep 2008 06:49:34 +0000

Attorneys for former Allegheny County Coroner Cyril Wecht said Thursday they plan to ask the US Supreme Court to review the recent Third Circuit ruling that a retrial of Wecht was not constitutionally barred. Wecht wants the charges dismissed on double jeopardy grounds (earlier). Wecht’s attorneys filed a motion with the Third Circuit requesting a 90 day delay in sending the case back to US District Court while they try to get the Supreme Court to consider taking the case (Pittsburgh Tribune-Review).

Wecht, Buchanan Reportedly In Mediation To Avoid Retrial

Dave Westheimer — Sun, 14 Sep 2008 07:06:05 +0000

Here’s another strange development in the case of former Allegheny County Coroner Cyril Wecht: in the wake of the Third Circuit’s ruling that a retrial was not barred and its removal of US District Judge Arthur Schwab (earlier), it has been revealed that former Third Circuit Judge Timothy Lewis has been working with both sides to to avoid a retrial. In a statement released on Friday, USA Mary Beth Buchanan said she was approached by Lewis several months ago and agreed to participate, but threatened to retry Wecht if the talks fail. However, comments by Wecht attorney Jerry McDevitt indicate it’s a new effort following the Third Circuit’s ruling. McDevitt criticized Buchanan for discussing the matter, saying it violated an agreement not to go public. He added: “Threats of a willingness to proceed to trial are counterproductive to that effort, and a needless reminder of the power of the United States Attorney to do as she pleases.” (Pittsburgh Post-Gazette)

Appeals Court Bounces Judges Schwab From Wecht Case But Rejects Double Jeopardy Issue

Dave Westheimer — Sat, 06 Sep 2008 07:37:05 +0000

A three judge panel of the US Court of Appeals for the Third Circuit on Friday ruled (.pdf) that US District Judge Arthur Schwab erred in the procedures he used when he declared a mistrial on April 8 in the public corruption trial of former Allegheny County Coroner Cyril Wecht, but said that he was correct to conclude that there was “manifest necessity” to declare a mistrial without Wecht’s consent. As a result, the Court ruled that there was no constitutional bar to retrying Wecht. However, the Court remanded the case to the Chief Judge of the District Court to reassign the case to a different judge. USA Mary Beth Buchanan declined to say if she intended to retry the case (Pittsburgh Post-Gazette, Trib).

Second Circuit Upholds Dismissal Of KPMG Tax Fraud Indictments In U.S. v. Stein

Dave Westheimer — Thu, 28 Aug 2008 16:26:39 +0000

Chief Judge Dennis Jacobs, writing for a unanimous three-judge panel of the US Court of Appeals for the Second Circuit, today affirmed (.pdf) US District Judge Lewis Kaplan’s July 2007 dismissal of the indictments of 13 out of an original 19 defendants in US v. Stein et al. The case was was once the largest criminal tax shelter prosecution in US history. Kaplan had ruled that the defendants were deprived of their Sixth Amendment right to counsel as a result of KPMG’s decision to stop paying the defendants’ legal costs (despite contractual obligations to pay) after the government threatened to indict the firm. In affirming the dismisal, the appellate court ruled that no other remedy would return the defendants to the status quo.

Hollander Pleads Guilty In Emperors Club VIP Case

Dave Westheimer — Tue, 26 Aug 2008 06:54:24 +0000

As expected (earlier), Emperors Club VIP booking agent Tanya Hollander on Monday pleaded guilty before US District Judge Deborah Batts in Manhattan to one count of conspiracy to commit prostitution offenses. Hollander is the fourth and final defendant connected with the club to plead guilty in the prostitution ring case that ensnared former New York Governor Eliot Spitzer. She will be sentenced on November 25 and faces an estimated six to 10 months in prison under federal sentencing guidelines (Reuters, DOJ).