Post by Anja on Jun 9, 2006 15:28:16 GMT -5
AT THE COURTHOUSE----Prosecutors demand proof of misconduct; Defense
attorney in truck-death case said his opponent met with a judge
Federal prosecutors are demanding that a defense attorney retract or prove
his allegations of prosecutorial misconduct in the case of a truck driver
accused in the deaths of 19 illegal immigrants who were packed into his
stifling trailer.
The demand, in a court filing made public this week, was in response to
Craig Washington's recent allegation that the lead prosecutor knew in
advance that an appeals court was going to remove U.S. District Judge
Vanessa Gilmore from the case.
Tyrone Williams faces a possible death sentence this fall when he goes on
trial a 2nd time for his role in a botched smuggling attempt in which the
illegal immigrants died. Gilmore presided over his 1st trial last year,
but a 3-judge panel of the 5th U.S. Circuit Court of Appeals removed her
from the case in early May.
Washington "should either retract his statements and face sanctions by
this court, or should produce evidence to support his absurdly groundless
claim of improper contact," Assistant U.S. Attorney Tony Roberts wrote.
'Made in good faith'
Washington stood by his allegation that comments in December by lead
prosecutor Daniel Rodriguez indicated that an improper meeting had taken
place between a circuit judge and a prosecutor.
"My statement was made in good faith upon the sworn affidavit of a lawyer
whose credibility is above reproach," Washington said this week.
He accused Rodriguez on May 25 of predicting - during a casual
conversation with defense attorneys - that the 5th Circuit panel would
remove Gilmore from the case. Washington presented an affidavit by
attorney David Adler, stating that Rodriguez had made the prediction on
Dec. 8.
The 5th Circuit Court panel, in an order that also reversed Gilmore for
the third time in the Williams case, removed her on May 10. The judges
cited her busy caseload and the history of this case, in which relations
between prosecutors and Gilmore were strained.
U.S. District Judge Hayden Head, chief judge of the Southern District of
Texas, replaced Gilmore with U.S. District Judge Lee Rosenthal.
Washington, citing his allegations of prosecutorial misconduct, has asked
that Gilmore be reinstated.
Affidavit offered
Roberts responded that the 3-judge panel that replaced Gilmore had not
been chosen from among the 19 circuit court judges at the time Rodriguez
allegedly made his prediction.
Roberts said that Adler's affidavit showed, at most, a "calculated
prediction" by Rodriguez but not evidence of contact with a circuit judge.
He wrote that Rodriguez is prepared to submit an affidavit "categorically
denying that he had any contact with any member of the 5th Circuit Court
of Appeals, (privately) or otherwise, with regard to any aspect of this
case."
A federal grand jury indicted Williams and 13 others on smuggling charges
after his trailer was discovered May 14, 2003, at a Victoria truck stop
with 17 bodies inside or nearby. 2 more riders died in a hospital.
Survivors testified that Williams ignored their screams as temperatures
inside the trailer soared and oxygen dwindled.
A jury failed to reach a verdict in Williams' March 2005 trial. He is
scheduled to be retried Oct. 3.
(source: Houston Chronicle)
attorney in truck-death case said his opponent met with a judge
Federal prosecutors are demanding that a defense attorney retract or prove
his allegations of prosecutorial misconduct in the case of a truck driver
accused in the deaths of 19 illegal immigrants who were packed into his
stifling trailer.
The demand, in a court filing made public this week, was in response to
Craig Washington's recent allegation that the lead prosecutor knew in
advance that an appeals court was going to remove U.S. District Judge
Vanessa Gilmore from the case.
Tyrone Williams faces a possible death sentence this fall when he goes on
trial a 2nd time for his role in a botched smuggling attempt in which the
illegal immigrants died. Gilmore presided over his 1st trial last year,
but a 3-judge panel of the 5th U.S. Circuit Court of Appeals removed her
from the case in early May.
Washington "should either retract his statements and face sanctions by
this court, or should produce evidence to support his absurdly groundless
claim of improper contact," Assistant U.S. Attorney Tony Roberts wrote.
'Made in good faith'
Washington stood by his allegation that comments in December by lead
prosecutor Daniel Rodriguez indicated that an improper meeting had taken
place between a circuit judge and a prosecutor.
"My statement was made in good faith upon the sworn affidavit of a lawyer
whose credibility is above reproach," Washington said this week.
He accused Rodriguez on May 25 of predicting - during a casual
conversation with defense attorneys - that the 5th Circuit panel would
remove Gilmore from the case. Washington presented an affidavit by
attorney David Adler, stating that Rodriguez had made the prediction on
Dec. 8.
The 5th Circuit Court panel, in an order that also reversed Gilmore for
the third time in the Williams case, removed her on May 10. The judges
cited her busy caseload and the history of this case, in which relations
between prosecutors and Gilmore were strained.
U.S. District Judge Hayden Head, chief judge of the Southern District of
Texas, replaced Gilmore with U.S. District Judge Lee Rosenthal.
Washington, citing his allegations of prosecutorial misconduct, has asked
that Gilmore be reinstated.
Affidavit offered
Roberts responded that the 3-judge panel that replaced Gilmore had not
been chosen from among the 19 circuit court judges at the time Rodriguez
allegedly made his prediction.
Roberts said that Adler's affidavit showed, at most, a "calculated
prediction" by Rodriguez but not evidence of contact with a circuit judge.
He wrote that Rodriguez is prepared to submit an affidavit "categorically
denying that he had any contact with any member of the 5th Circuit Court
of Appeals, (privately) or otherwise, with regard to any aspect of this
case."
A federal grand jury indicted Williams and 13 others on smuggling charges
after his trailer was discovered May 14, 2003, at a Victoria truck stop
with 17 bodies inside or nearby. 2 more riders died in a hospital.
Survivors testified that Williams ignored their screams as temperatures
inside the trailer soared and oxygen dwindled.
A jury failed to reach a verdict in Williams' March 2005 trial. He is
scheduled to be retried Oct. 3.
(source: Houston Chronicle)