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Tag: retrial

Round 2: Newark Feds Go for Retrial of Ex-Fed Prosecutor

By Allan Lengel
ticklethewire.com

Round two is coming in the epic battle between the U.S. Attorney’s Office and ex-federal prosecutor Paul Bergrin, a high-profile  Newark defense attorney who was accused of orchestrating a 2004 murder of an FBI witness in a case in which he had a client.

The first round, for all practical purposes, went to Bergrin, after the jury deadlocked the day before Thanksgiving on the charges and the judge declared a mistrial.

Newark U.S. Attorney Paul Fishman and Assistant U.S. Attorney John Gay sent a letter dated Dec. 1 to U.S. District Judge William J. Martini stating:

“The Government formally requests to try the balance of the Second Superseding Indictment (Counts 1 through 11 and 14 through 33) on January 4, 2012, though it will not oppose a request to sever the tax counts (Counts 27 through 33). Further, the Government will not oppose any reasonable continuance Mr. Bergrin may need to prepare for trial.”

The government has also theorized that Bergrin allegedly orchestrated the hit of a witness to cover up the fact that he was allegedly supplying cocaine to drug gangs.

Ala. Fed Prosecutors to Get 2nd Bite Out of Apple in Corruption Case

By Allan Lengel
ticklethewire.com

The feds in Alabama will get a second bite out of the apple after their high-profile gambling corruption case imploded last week.

U.S. District Judge Myron Thompson set a retrial date of Oct. 3. However, he has not yet decided whether there will be more than one trial, the Associated Press reported.

A jury voted to acquit on 91 charges and deadlocked on 33 others. None of the nine defendants were convicted, and two were completely acquitted.

The nine defendants were accused of buying and selling votes on legislation that would legalize electronic bingo games in the state, AP reported.

AP reported that the Justice Department has asked the judge to split the seven remaining defendants into three groups for retrial. The defense attorneys want one combined trial.  The judge plans to address the issue on Wednesday.

Blago Won’t Vanish Quietly; Wants a 3rd Trial

Ex-Gov on NBC's Celebrity Apprentice

By Allan Lengel
ticklethewire.com

No suprise: Former Gov. Rod Blagojevich won’t ride off into the sunset — or head to prison — quitely.

The Chicago Tribune reported that Blagojevich, who was convicted last month of 17 of 20 public corruption charges in his retrial, filed a motion Monday for a retrial, alleging judicial bias and error that helped the prosecution “strip away the effective aspects of the defense case.”

“Virtually every error in this trial stemmed from the fact that this Court deprived Blagojevich of the presumption of innocence and exhibited bias against the defense,” the motion asserted, according to the Trib. “The Court formed a closed mind to the evidence and made findings of fact.”

The motion said that “the government did not only benefit from the first trial, it used every opportunity to strip away the effective aspects of the defense case. … The Court rubber-stamped the government’s requests.”