Subject:  Re: Fieger on trial |
Author:
Chris
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Date Posted: 04/16/08 8:03pm
In reply to:
Chris
's message, "Fieger on trial" on 04/16/08 8:02pm
Fieger mistrial motion is rejected
Lawyer says trial brief prejudicial, but judge disagrees; jury picks continue
BY DAVID ASHENFELTER • FREE PRESS STAFF WRITER •
April 16, 2008
A lawyer for attorney Geoffrey Fieger asked a federal judge Tuesday to declare a mistrial because, he said, federal prosecutors compromised his client's ability to get a fair trial by filing a 41-page brief last week detailing the government's case.
"What we have here is a blatant attempt by the prosecutor that prevents us from getting a fair trial," famed Wyoming defense lawyer Gerry Spence told U.S. District Judge Paul Borman, after the Free Press and Detroit News wrote articles based on the brief.
"If we filed a 40-page press release with a gag order in effect, you'd have me down there in the so-called crossbar hotel.
"They have played trick after trick after trick in this trial," Spence added.
Borman rejected the request and proceeded with the second day of jury selection. But he warned lawyers to stop talking to reporters and said all future court motions must be filed under seal.
Assistant Justice Department lawyer Kendall Day apologized for the foul-up, saying prosecutors didn't think filing the trial brief would be a problem because reporters hadn't written about earlier legal papers that laid out portions of the case.
"The trial brief wasn't meant to be a press release," Day said. "It was meant to inform the court. It wasn't intended to garner press coverage."
Day sheepishly told Borman that he had filed a second trial brief late Monday without putting it under seal, contrary to the judge's order Monday.
On Friday, prosecutors told Borman that Fieger had violated the gag order by criticizing the case in a News article.
Borman admonished the lawyers for not heeding his order.
Free Press lawyer Herschel Fink expressed surprise that Borman told lawyers not to talk to reporters and ordered future paperwork under seal.
"Sealing pleadings in a criminal case absent national security concerns is almost unprecedented," Fink said, adding that it runs contrary to the First Amendment and U.S. Supreme Court decisions.
Fink said a blanket gag order prohibiting lawyers from talking to reporters is too broad and unconstitutional.
Fieger and law partner Vernon (Ven) Johnson are accused of illegally contributing $127,000 to the ill-fated 2004 presidential campaign of John Edwards by recruiting donors and reimbursing them with law department funds. They have denied the charges.
By day's end, lawyers had selected 14 potential jurors for a 40-member pool. Selection resumes today.
Contact DAVID ASHENFELTER at dashenfelter@freepress.com.
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