Posts Tagged ‘Michael Leotta’
Wednesday, October 14th, 2009
Kevin Ring (Getty Images)

Kevin Ring (Getty Images)

National Journal is reporting that prosecutors and defense lawyers for Kevin Ring, an ex-associate of Jack Abramoff asked a federal judge to declare a mistrial Wednesday.

The judge, Ellen Segal Huvelle of the U.S. District Court for the District of Columbia, declined the requests and instructed the jury to continue deliberations, which have spanned nearly seven days now.

In a note to Huvelle, the jury wrote, ”We do not see how we can reach a verdict,” according to National Journal.

On Tuesday, jurors told the Huvelle they’d reached a verdict on one of the charges but were stuck on the other seven. (They jury did not reveal the nature of the verdict.) Ring is charged with conspiracy, doling out illegal gratuities and depriving taxpayers of the honest services of public officials.

According to National Journal, prosecutors and defense lawyers said enough was enough.

“Let them go…. Declare a mistrial,” Andrew Wise, Ring’s attorney, said. “This jury has been at it for an extended period.”

“Take the verdict [on the one count], declare a mistrial… and get another trial moving as quickly as possible,” prosecutor Nathaniel Edmonds suggested.

Huvelle said that “given the length of the trial” — about three weeks — “the amount of evidence and the complications of the case,” the jury should continue deliberations.

Ring called for a mistrial last week, after a jury foreman alerted Huvelle to a barred exhibit the government mistakenly included in his evidence binder.

Ring is represented by Miller & Chevalier’s Wise and Timothy O’Toole. The team of prosecutors includes Edmonds, of the Criminal Division’s Fraud Section; Michael Ferrara, of the Public Integrity Section; and Michael Leotta, Appellate Chief in the U.S. Attorney’s Office for the District of Maryland.

Thursday, May 28th, 2009

U.S. Attorney of Maryland Rod Rosenstein, a Bush holdover, has lost his best prosecutors to Main Justice, reports the Washington Post.

The new deputy assistant attorney general for the criminal division Jason Weinstein had previously been working in the federal prosecutor’s Baltimore office as the chief of violent crimes.  Another loss has been Mythili Raman, who left her job as Rosenstein’s appellate chief to become chief of staff for Assistant Attorney General for the Criminal Division Lanny Breuer.  Raman’s successor is Michael Leotta, a prosecutor in the fraud and corruption unit in Baltimore; Leotta is one of the prosecutors in the case of former lobbyist and John Abramoff associate Kevin Ring.  The final loss was James Trusty, now deputy chief of the national gang unit at Main Justice.  Trusty had previously been the deputy chief of Rosenstein’s Greenbelt office and overseen the prosecution of the MS-13 gang and has been succeeded by Michael Pauzé, who was a prosecutor in the case of former Prince George’s schools chief Andre Hornsby.

But it seems that while Rosenstein’s best prosecutors have left, Rosenstein will stay, for good.

In the process of tapping members of Rosenstein’s staff to move up to Main Justice, Breuer expressed his confidence in Rosenstein, “Rod has cultivated an incredible roster of attorneys, and, knowing Rod, I expect he’ll continue to do just that.”

Most importantly, Maryland’s Democratic Senators Barbara Mikulski and Benjamin Cardin have expressed support for Rosenstein in his current post.  But they did not support the 2007 nomination of Rosenstein for the U.S. Court of Appeals for the 4th Circuit.  The Senators have finally found someone to fill the seat, which has been vacant for almost nine years, Andre Davis.  Davis has already been nominated by President Obama, but as we reported last week, his nomination has been delayed for the time being.

Tuesday, April 14th, 2009

An indicted former associate of lobbyist Jack Abramoff intends to ask a judge next week whether Henry F. Schuelke III, the special prosecutor investigating the Justice Department’s handling of the Ted Stevens case, has a conflict of interest, a lawyer close to the discussions said.

Among the prosecutors Schuelke is investigating in the Stevens matter is William Welch II, head of the DOJ’s Public Integrity Section. Welch also oversaw the indictment last September of former lobbyist Kevin Ring, who worked with Abramoff.

Among the charges against Ring is that he lied to an internal investigator hired by Abramoff’s former employer, the law firm Greenberg Traurig. That investigator was Schuelke.

That means Schuelke could be called to testify in a case that was supervised by the same DOJ lawyer Schuelke is also investigating for criminal contempt of court in the Stevens matter.

Lawyers for Ring wrote a letter to prosecutors on Monday asking whether they would continue to pursue two counts against Ring in which Schuelke could be called as a witness, said the lawyer familiar with the discussions. The prosecutors on the Ring case include Nathaniel B. Edmonds and Michael J. Leotta of the District of Maryland and Michael Ferrara of the Public Integrity Section.

A Justice Department spokeswoman, Laura Sweeney, said she could not comment on ongoing cases. Schuelke did not respond to phone messages seeking comment.

Ring’s lawyers asked the DOJ to explain Welch’s future role in the Ring case. They also asked for information on whether Schuelke intends to expand his investigation to examine Welch’s handling of other Public Integrity indictments, the lawyer familiar with discussions said.

At issue in the both the Stevens and Ring cases is the Public Integrity Section’s handling of potentially exculpatory material. Prosecutors are obligated under the Supreme Court’s Brady ruling to hand such material in their possession over to the defense.

The Justice Department earlier this month asked U.S. District Judge Emmet Sullivan to dismiss an indictment against the former Alaska senator and void his conviction last October on seven corruption counts.

The request came after an internal DOJ investigation revealed prosecutors had not given the defense notes from a key witness interview. The notes contradicted the witness’s testimony in court and could have been used by the defense to undermine his credibility.

On April 7, Sullivan granted the government’s request to dismiss and capped a dramatic two-hour court hearing by announcing he’d appointed Schuelke to investigate six DOJ lawyers for possible criminal contempt of court.

The lawyers under investigation include Welch; Brenda Morris, the lead Stevens prosecutor and Welch’s deputy in the Public Integrity Section, two other Public Integrity trial attorneys and two Assistant U.S. Attorneys in Alaska.

Ring defense lawyers Richard Hibey, Andrew Wise, Matthew Reinhard and Timothy O’Toole filed a motion in January to dismiss Ring’s indictment. U.S. District Judge Ellen Huvelle didn’t grant the motion at a hearing last week. She ordered another hearing for Monday, at which Ring’s team intends to raise the issue of Schuelke’s dual roles. A trial is slated for September.

As in the Stevens case, Ring’s lawyers have been pressing the government to release potentially exculpatory material for his defense. In a hearing before Judge Huvelle last Monday, the government indicated it had done so already. But Ring’s team believes there could be more material releasable under Brady, including copies of FBI 302 interview summaries of likely witnesses in the case, the lawyer close to the discussions said.

In their letter to prosecutors Monday, Ring’s lawyers also asked whether the government disclosed to Judge Sullivan that Schuelke could be called as a witness in the Ring case.