Stop the presses -- Snitch's misconduct not disclosed to defense

John Pacenti has the story here about the latest transgression -- this time in a health care fraud prosecution. Orlando do Campo and Joaquin Mendez have filed a lengthy motion arguing their client deserves a new trial. Here's the intro from the DBR article:

In the Justice Department’s stout-hearted fight against health care fraud in the heart of Hialeah, Orlando Pascual Jr. was the perfect snitch.
He was an insider who ran a durable medical goods scam called Med-Source Medical Equipment, and Washington prosecutors used him in at least three trials, court documents show.
Among the five known defendants Pascual helped put behind bars was Dr. Ana Caos, a general practitioner for nearly two decades who was accused of writing fake aerosol prescriptions for the treatment of chronic obstructive pulmonary disease. The 62-year-old is serving five years in the Coleman Federal Correctional Complex near Orlando.
But Caos’ Miami attorneys are trying to overturn her April conviction, saying in court documents that Pascual neglected to mention he ran yet another Medicare fraud with his brother-in-law at an HIV-infusion clinic called Medcore Group, billing the government for $5.5 million in fraudulent services.
Miami criminal defense lawyers Orlando do Campo of do Campo & Thornton and Joaquin Mendez, a solo practitioner, are incredulous that prosecutors informed the defense about Pascual’s second fraud after Caos’ trial, which means the jury didn’t hear the full extent of the government witness’ criminal exploits.
The lawyers said in a Jan. 15 motion for new trial that there is substantial reason to believe from documents filed in the new case that government agents with the FBI and the Department of Health and Human Services’ Office of Inspector General knew about Medcore in 2006 — two years before Caos’ trial.
Caos’ attorneys were informed of the latest charges against Pascual in a June 25 letter, two months after their client’s conviction and a month before her sentencing. The letter said investigators didn’t link Pasqual to the HIV-infusion clinic because his last name was misspelled "Pasquale." (That's my favorite part)
"It is undisputed that Dr. Caos’ trial was severely tainted by Mr. Pascual’s perjury," Caos’ 26-page motion reads. "There is overwhelming evidence to suggest that the government knew or should have known that Mr. Pascual lied on the witness stand."

Back-to-back NGs in Altonaga

The FPD's office has started off the year H-O-T.

We reported earlier on the NG verdict in Judge Altonaga's courtroom this week. Today, AFPDs Helaine Batoff and Sabrina Puglisi get to start their weekend off with a bang -- not guilty on a Friday afternoon, again before Judge Altonaga.

Guest Blogger Extraordinaire

I am excited to announce that Julie Kay has agreed to guest-blog for a while here at the Southern District of Florida Blog. Please join me in welcoming Julie.

''If you shoot a child in Liberty City . . . you may have killed the next president of the United States.''

That was Al Sharpton today in Liberty City. The recap is here.

Anyone watching the new season of Lost? I'm digging it. Here's a recap of last night's episode in case you missed it.

South Florida Lawyer has a new look at the top of his blog... Rumpole has music playing in the background of his blog... I guess we need to step it up.....

Julie Kay on plea agreements going back online

Here.

"A mistrial was declared Monday when a home-invasion robbery suspect smeared human feces on his attorney's face then threw more at the jury."

No, that didn't happen in our courtrooms. It happened in San Diego. But it's hard not to post this story....

In Judge Altonaga's courtroom today, the jury acquitted Brian Stekloff's and Vince Farina's client. I trust that the defendant in that case didn't throw anything at the jury...

In other news, here is the the update on the Coleman prison riot. A snippet:

As for the latest violence, the seven inmates airlifted in separate helicopters to Orlando Regional Medical Center continued to receive treatment Monday under the eyes of armed correctional officers. An eighth with less-serious injuries was being treated at Leesburg Regional Medical Center. For security reasons, the prisoners were listed under fictitious names at the hospitals.The incident started about 2:20 p.m. Sunday, when several inmates began fighting in one of the prison yards for high-security inmates, according to the Bureau of Prisons.When the inmates ignored correctional officers' orders to stop, prison staffers fired several shots.By 3 p.m., emergency medical workers swarmed the facility with nine ambulances, including seven from Lake-Sumter Emergency Medical Services, and one each from Hernando and Marion counties.

Former SDFLA clerk goes to Supreme Court

Congrats to 30-year old Lindsay Harrison, a fifth year associate at Jenner & Block, for arguing before the Supreme Court last week -- her first appellate argument. A bunch of blogs have been covering the argument and Ms. Harrison, who clerked for Judge Gold and Judge Barkett. Here's a bit of an interview from AboveTheLaw:

ATL: First things first. What did you wear? There has been some controversy over how women oral advocates should dress when appearing before the Court.
LCH: I wore a black pantsuit. I was not about to wear a skirt, since they dispensed with that requirement and permitted women to wear pants a few years ago. If women don't take advantage of that opportunity, it sets a bad precedent. And I wore pearls -- my concession to formality.
ATL: You must be one of the youngest people ever to argue before the Court. Have you done any research to figure out where you fall?
LCH: I'm definitely not the youngest. The woman who argued Roe v. Wade, Sarah Weddington, was 26 at the time. Tom Goldstein was 29 when he argued his first case. I turned 30 on January 5.

The whole interview is a fun read.

UPDATE -- Ms. Harrison writes in:

There are actually a bunch of SDFL connections to the argument. An amicus brief was written by Adam Raviv (Marcus clerk) on behalf of FIAC, where my Barkett co-clerk Tania Galloni works. Cecily Baskir, another Barkett clerk, participated in one of my moots. And the argument was attended by both Adam Raviv and Deb Raviv, a King clerk from 03-04. All in all, a great showing for the SDFL.
I've also received a lot of really nice emails from folks in Miami, and it's been great to hear from the community, which I still feel very strongly a part of.

News and Notes

1. Liberty City 6, part 3, starts today. (via Herald)

2. The Cuban Spies are petitioning for cert and have brought in super Supreme Court lawyer, Tom Goldstein (of ScotusBlog fame). They are also trying to work out a political resolution to the case. (via Herald)

3. John Pacenti at the DBR covers the Mutual Benefits lawyers who were indicted.

4. The Congressional delegation from South Florida is being sworn in at the new courthouse this morning. Here's a picture of Ileana Ros-Lehtinen from the proceedings.