Written by Matt Dalen
The corruption case against high-profile Waccabuc lawyer, Robert Simels, may not be as firm as the initial complaint appeared, after U.S. District Judge John Gleeson ruled earlier this month that the government’s recordings of Mr. Simels’ discussions with his client are inadmissible at trial.
Mr. Simels had been recorded speaking with his client, alleged narcotics kingpin Shaheed ‘Roger’ Khan, making statements that the government alleged constituted a conspiracy for witness tampering.
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Judge Gleeson ruled on July 2 that the government’s order to record the
conversations, in which Mr. Simels allegedly discussed “neutralising”
witnesses against Mr. Khan, was flawed and therefore any fruits of the
surveillance order should be suppressed.
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According to the ruling, the surveillance order had included two contradictory
provisions, and thus “the government could not conduct the surveillance
without violating one of the two provisions.”
According to Judge Gleeson’s ruling, the surveillance order included standard
language to minimise the recording of information unrelated to the case,
specifically, it mandated that the government monitor the recording so that
recording could be turned off when the conversation impinged on other topics.
However, the order also included special instructions with the same objective of
minimising the collection of unrelated information.
The government’s agents were ordered not to listen to the tape while it was
being recorded, and after it was recorded, to pass the tape to government
representatives not linked to the case.
These representatives would cut out all information that was privileged under
the law, and then return the recording to the investigating team.
Because the agents were required to monitor the recording, and at the same time
required not to listen to it, Mr. Gleeson ruled that the order was
contradictory.
“I have no doubt that the government believed it was taking careful steps to
protect the rights of these defendants,” Mr. Gleeson stated in his ruling. But
he called the government’s failure to recognise that the order was
self-contradictory “careless.”
Witness tampering
Mr. Simels, a prominent New York criminal defence lawyer, was arrested in
September on charges of witness tampering.
The initial complaint had alleged that he and at least two others were
“involved in a conspiracy to obstruct justice,” conspiring to “influence
and prevent the testimony” of witnesses and to “cause and induce persons to
withhold testimony” in a case against Mr. Khan.
Mr. Khan was accused of running a group known as the “Khan Organisation,”
which was allegedly able to “control the cocaine industry in Guyana” in
South America, and was “backed by a paramilitary squad” known as the
“Phantom Squad.”
According to the complaint, Mr. Simels had asked a criminal informant to assist
in the “neutralisation” of witnesses, and had “discussed a range of
options, from offering them money to murdering their family members,” although
he later drew the line at killing one witness’ mother.
It is not clear how the case will proceed without the recordings. Mr. Simels
faces life imprisonment for several of the charges against him, and Mr. Khan has
already pleaded guilty to his original charges.(Lewisboroledger.com)
Tuesday, July 21, 2009