Post by sclcookie on May 29, 2006 1:22:19 GMT -5
Prosecutor accused of improper remark----Defense attorney in truck death
case calls for an inquiry
The chief prosecutor in the case against a truck driver blamed for the
deaths of 19 illegal immigrants bragged that a federal judge who had made
rulings unfavorable to the government would be removed from the case, a
defense attorney alleges.
Craig Washington, who represents Tyrone Williams, said Thursday that any
foreknowledge of the May 10 decision by the 5th U.S. Circuit Court of
Appeals to remove U.S. District Judge Vanessa Gilmore was improper. He
said he has asked the U.S. Attorney General's Office and the Senate and
House judiciary committees to investigate.
"It appears there has been an ex parte (private) conversation between
Daniel Rodriguez and some member of the court," Washington said, referring
to the assistant U.S. attorney heading the prosecution team. "That is not
only unlawful; it is the subject of persons being sent to the
penitentiary."
He said he has asked U.S. Attorney Don DeGabrielle to have Rodriguez give
an affidavit about whether the accusation is true. DeGabrielle declined to
comment on the allegation, except to say he believes Rodriguez has
conducted himself ethically and lawfully.
Washington based his accusation on an affidavit from David Adler, attorney
for Williams' co-defendant, Victor Rodriguez, who was convicted in March
on smuggling charges. Adler said he and 4 other defense attorneys were
present in a courthouse hallway on Dec. 8 when Daniel Rodriguez predicted
Gilmore's removal.
"(Rodriguez) was serious," Adler said Thursday. "I thought it was a crazy
prediction, so I said, 'Has it even been asked for her to be taken off the
case?' And he said, 'No, but they are going to do it.'"
Washington said he has asked the 5th Circuit Court for an en banc hearing
of all 19 judges to reconsider Gilmore's removal from the Williams case.
Relations between prosecutors and Gilmore were rocky, with the government
turning to the appeals court three times for relief from her rulings.
Different three-judge panels sided with prosecutors each time, once
scolding Gilmore and finally removing her.
The action was unusual because prosecutors had not sought the removal.
Judges Patrick Higginbotham, Harold DeMoss Jr. and Priscilla Owen wrote
they were removing Gilmore because of her busy schedule. She denied her
schedule was too busy, accusing the panel of a "rear-guard attack."
Another 3-judge panel last year denied prosecutors' request for Gilmore's
removal.
The case has been assigned to U.S. District Judge Lee Rosenthal, who has
scheduled jury selection in Williams' retrial for Oct. 3. A jury failed to
reach a decision on all 58 counts in his 1st trial in March 2005.
Williams is the 1st person against whom the government has sought the
death penalty under a 1994 smuggling law. Prosecutors say he ignored at
least 74 illegal immigrants sealed inside the trailer he was towing as
they pounded on the walls for help because of intense heat and lack of
air.
His trailer was found May 14, 2003, at a Victoria truck stop with 17
bodies. 2 more riders died at a hospital.
Of the 13 other people indicted in the case, 5 have been convicted by
juries, 5 pleaded guilty, 1 was acquitted, charges against 1 were dropped
and 1 is a fugitive.
(source: Houston Chronicle)
case calls for an inquiry
The chief prosecutor in the case against a truck driver blamed for the
deaths of 19 illegal immigrants bragged that a federal judge who had made
rulings unfavorable to the government would be removed from the case, a
defense attorney alleges.
Craig Washington, who represents Tyrone Williams, said Thursday that any
foreknowledge of the May 10 decision by the 5th U.S. Circuit Court of
Appeals to remove U.S. District Judge Vanessa Gilmore was improper. He
said he has asked the U.S. Attorney General's Office and the Senate and
House judiciary committees to investigate.
"It appears there has been an ex parte (private) conversation between
Daniel Rodriguez and some member of the court," Washington said, referring
to the assistant U.S. attorney heading the prosecution team. "That is not
only unlawful; it is the subject of persons being sent to the
penitentiary."
He said he has asked U.S. Attorney Don DeGabrielle to have Rodriguez give
an affidavit about whether the accusation is true. DeGabrielle declined to
comment on the allegation, except to say he believes Rodriguez has
conducted himself ethically and lawfully.
Washington based his accusation on an affidavit from David Adler, attorney
for Williams' co-defendant, Victor Rodriguez, who was convicted in March
on smuggling charges. Adler said he and 4 other defense attorneys were
present in a courthouse hallway on Dec. 8 when Daniel Rodriguez predicted
Gilmore's removal.
"(Rodriguez) was serious," Adler said Thursday. "I thought it was a crazy
prediction, so I said, 'Has it even been asked for her to be taken off the
case?' And he said, 'No, but they are going to do it.'"
Washington said he has asked the 5th Circuit Court for an en banc hearing
of all 19 judges to reconsider Gilmore's removal from the Williams case.
Relations between prosecutors and Gilmore were rocky, with the government
turning to the appeals court three times for relief from her rulings.
Different three-judge panels sided with prosecutors each time, once
scolding Gilmore and finally removing her.
The action was unusual because prosecutors had not sought the removal.
Judges Patrick Higginbotham, Harold DeMoss Jr. and Priscilla Owen wrote
they were removing Gilmore because of her busy schedule. She denied her
schedule was too busy, accusing the panel of a "rear-guard attack."
Another 3-judge panel last year denied prosecutors' request for Gilmore's
removal.
The case has been assigned to U.S. District Judge Lee Rosenthal, who has
scheduled jury selection in Williams' retrial for Oct. 3. A jury failed to
reach a decision on all 58 counts in his 1st trial in March 2005.
Williams is the 1st person against whom the government has sought the
death penalty under a 1994 smuggling law. Prosecutors say he ignored at
least 74 illegal immigrants sealed inside the trailer he was towing as
they pounded on the walls for help because of intense heat and lack of
air.
His trailer was found May 14, 2003, at a Victoria truck stop with 17
bodies. 2 more riders died at a hospital.
Of the 13 other people indicted in the case, 5 have been convicted by
juries, 5 pleaded guilty, 1 was acquitted, charges against 1 were dropped
and 1 is a fugitive.
(source: Houston Chronicle)