Friday, December 21, 2007

Liberty City 7 update

Judge Lenard has ordered an anonymous jury in the next Liberty City 7 trial. (via Miami Herald). Very bad news for the defense.

Here's the intro to the article:

A federal judge on Friday aired concerns about the possibility of jury tampering in the upcoming retrial of an alleged homegrown terrorism group and ordered that Miami-Dade jurors be selected anonymously for the high-profile proceeding.U.S. District Judge Joan Lenard cited numerous reasons for her order -- including a jury list handed by one defense lawyer to his client's mother so she could pray for an acquittal during first trial deliberations last week. Lenard noted that it was a ''pristine list'' with all 12 of the jurors' names and ''X'' marks next to six of them.''At this point, it's unclear to the court what that list was about,'' she said.Her order -- an edict normally seen in organized crime or major drug cases -- means that potentially hundreds of Miami-Dade voters who receive jury summonses for the retrial in January will be referred to by number, not by name. The judge also ordered the U.S. Marshals to provide criminal background checks on all prospective jurors for both sides.***''I do find there is strong reason to believe the jury needs protection,'' Lenard said. ``Here we have defendants accused of being members of a terrorist cell.''

On the other hand, Judge Lenard ordered the government to keep Lyglenson Lemorin here in the United States because he may be needed for the next trial. (via Sun-Sentinel). From the article:

U.S. District Judge Joan Lenard cautioned the government against moving ahead "with lightning speed so that he would not be available to testify.""I don't know if it's on a fast track or not on a fast track," Lenard said. "I have to protect the rights of these defendants and I intend to do so."

So, do we start calling the case the Liberty City 6 now?

7 comments:

Anonymous said...

"Secrecy is not congenial to truth seeking."

Frankfurter, J.

Joint Anti-Fascist Ref. Comm. v. McGrath, 341 U.S. 123, 171.

And,

"It is desirable that the trial of causes should take place under the public eye, not because the controversies of one citizen with another are of public concern, but because it is of the highest moment that those who administer justice should always act under the sense of public responsibility, and that every citizen should be able to satisfy himself with his own eyes as to the mode in which a public duty is performed.

Holmes, J.

Cowley v. Pulsifer, 137 Mass. 392, 374.

Rumpole said...

Having just called the government a bunch of jackbooted ss thugs on my blog, this may well be the beginning of the end of me. Tell the world my story.

Anonymous said...

The worst thing the Gov't could have possibly done in the Liberty City 7 case was to retaliate against Lemorin for an acquittal. Now the Gov't will never get convictions. I predict that the Gov't's next step will be to start claiming that it had nothing to do with Lemorin's immigration issues. Yeah, right. Do those guys think we're all idiots? We all know the prosecutors were directly involved. Waiting with a back up plan in case of an acquittal.

Anonymous said...

And another thing. I predict that if there are any more acquittals in the Liberty City 7 case, all of the defense lawyers and all of the jurors will be prosecuted for something. When I started practicing law many moons ago things were nothing like this.

Anonymous said...

It is ironic, that the very same judge who is presiding over the 7 case, refused to impanel an anonymous jury in the Cuban Spy case, in a community that would have eviscerated all of the jurors if there was an acquittal, yet in this case, on her own, decides to go anonymous after an acquittal of one defendant.

Somebody needs to take the order from the spy case, and the judge's publicly calling the defendants a terrorist cell in this case, and go get a writ of prohibition from the 11th.

Fake Real Admiral said...

Take a look at this article if you want to see where these folks that head up the obstruction of justice department what to head:

http://news.bbc.co.uk/2/hi/americas/7158029.stm

Anonymous said...

WANT idiot. Proof read.