"MIAMI (AP) -- The federal judge overseeing the terrorism case against Jose Padilla imposed tight restrictions Tuesday on the handling of classified material to prevent disclosure of national security secrets when classified evidence is turned over to the defense."
p.s. We're in day six of deliberations. Miserable.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Tuesday, March 28, 2006
Monday, March 27, 2006
See no evil
Another fight brewing in the Padilla case -- this time over what evidence should be turned over to the defense. Here's the intro to Dan Cordtz's DBR article:
U.S. District Judge Marcia Cooke in Miami is expected Tuesday to consider an unusual motion by prosecutors in the terrorism case against Jose Padilla and two of his alleged accomplices to prevent the defendants from seeing classified information the government may use against them.
Although a government spokeswoman declined comment, defense attorneys said the motion shows that prosecutors plan to use classified materials in the upcoming trial of Padilla, Adham Amin Hassoun and Kifah Wael Jayyousi and wants to prevent the defendants from seeing such evidence. The trial is now scheduled for September.
Such restrictions, said Miami solo practitioner Kenneth M. Swartz, counsel for Hassoun, “would be a big problem. A defense attorney has to be able to share information with his client in order to mount an effective defense. We will have to put up a fight about it.”
The three men, along with two others who are not in custody, are charged with conspiracy to murder, kidnap and maim persons in a foreign country and with providing material support to terrorists.
In his motion, filed last month, Assistant U.S. Attorney Russell R. Killinger invoked the federal Classified Information Procedures Act.
“In conducting its investigation of the criminal activities of the defendants, as well as in preparation to meet its discovery obligations, the government has concluded that there is classified material in various milieu, including written documents, which items may be relevant to this case and which are classified as ‘Secret’ or ‘Confidential,’ ” wrote assistant U.S. attorney Russell R. Killinger. “Some of this classified information is the property of foreign governments.”
U.S. District Judge Marcia Cooke in Miami is expected Tuesday to consider an unusual motion by prosecutors in the terrorism case against Jose Padilla and two of his alleged accomplices to prevent the defendants from seeing classified information the government may use against them.
Although a government spokeswoman declined comment, defense attorneys said the motion shows that prosecutors plan to use classified materials in the upcoming trial of Padilla, Adham Amin Hassoun and Kifah Wael Jayyousi and wants to prevent the defendants from seeing such evidence. The trial is now scheduled for September.
Such restrictions, said Miami solo practitioner Kenneth M. Swartz, counsel for Hassoun, “would be a big problem. A defense attorney has to be able to share information with his client in order to mount an effective defense. We will have to put up a fight about it.”
The three men, along with two others who are not in custody, are charged with conspiracy to murder, kidnap and maim persons in a foreign country and with providing material support to terrorists.
In his motion, filed last month, Assistant U.S. Attorney Russell R. Killinger invoked the federal Classified Information Procedures Act.
“In conducting its investigation of the criminal activities of the defendants, as well as in preparation to meet its discovery obligations, the government has concluded that there is classified material in various milieu, including written documents, which items may be relevant to this case and which are classified as ‘Secret’ or ‘Confidential,’ ” wrote assistant U.S. attorney Russell R. Killinger. “Some of this classified information is the property of foreign governments.”
Sunday, March 26, 2006
JUDGE HENRY LEYTE-VIDAL HAS PASSED AWAY
Hello Federal Blog readers. Some of you read my State Court Blog, where I am infamously known as "Rumpole". David Markus was kind enough to invite me to be a guest blogger during his trial and absence from the Southern District. I am sorry that my first post on this blog brings such sad news. We have lost a wonderful Circuit Court Judge for the second time in a few months. The following is an email we received from one of our readers:
Judge Henry Leyte-Vidal has passed away yesterday. He died during the night while at Mt. Sinai hospital on Miami Beach. He was operated earlier this week for cancer. He has previously battled a brain tumor, skin cancer and I believe lung cancer. Henry came out of the operation OK but complained of some pain on Friday. The doctors were going to go back in but couldn't since he had low blood pressure (Could've been high, he suffered from one of these two). Since the doctors were unable to stabilize his blood pressure, they were unable to go back in. He then suffered cardiac arrest. and was placed back in ICU. This was all yesterday . Last night, He seemed to have stabilized when he died. Peter Heller just called me so I am passing it on to you. Peter was very close to Henry. They coached Little League together and Peter was with his son Danny throughout the day. Danny is 14yrs old. Judge Leyte-Vidal is also survived by two older sons Alex and Henrique or Enrique from an earlier marriage.
Judge Henry Leyte-Vidal has passed away yesterday. He died during the night while at Mt. Sinai hospital on Miami Beach. He was operated earlier this week for cancer. He has previously battled a brain tumor, skin cancer and I believe lung cancer. Henry came out of the operation OK but complained of some pain on Friday. The doctors were going to go back in but couldn't since he had low blood pressure (Could've been high, he suffered from one of these two). Since the doctors were unable to stabilize his blood pressure, they were unable to go back in. He then suffered cardiac arrest. and was placed back in ICU. This was all yesterday . Last night, He seemed to have stabilized when he died. Peter Heller just called me so I am passing it on to you. Peter was very close to Henry. They coached Little League together and Peter was with his son Danny throughout the day. Danny is 14yrs old. Judge Leyte-Vidal is also survived by two older sons Alex and Henrique or Enrique from an earlier marriage.
Saturday, March 25, 2006
Friday, March 24, 2006
Rumpole invited
In the spirit of keeping the blog alive and kicking while I'm suffering in Savannah, I've invited Rumpole (yes, the Anonymous State Court Blogger) to guest blog. Enjoy.
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