The missteps of a federal prosecution team could cost the government it’s case in Miami. Prosecutors have already admitted they made a “mistake”. We’ll see if that’s enough to lose the case.
BY JAY WEAVER
Miami Herald
MIAMI — An attorney for a Miami Beach doctor charged with peddling prescription drugs has accused federal prosecutors of ”misconduct,” arguing that the charges should be thrown out because the government authorized witnesses to record phone calls — but didn’t tell the defense lawyer before trial.
Defense lawyer David O. Markus — representing Dr. Ali Shaygan — said he only learned about the questionable phone recordings after cross-examining one of the government witnesses during trial last month. Markus found out he was recorded in two phone conversations.
”Dr. Shaygan respectfully submits that the government’s conduct in this case is so outrageous and was undertaken with such flagrant disregard for Dr. Shaygan’s constitutional rights that dismissal is the appropriate remedy,” Markus and his trial partner, Marc Seitles, wrote in a motion filed Monday.
They filed it with U.S. District Judge Alan Gold, who is presiding over the Shaygan trial, now in its third week.
