Perdigao Recusal Motion Denied
The New Orleans Times-Picayune reports:
A federal judge has denied alleged embezzler Jamie Perdigao’s request that U.S. Attorney Jim Letten’s office be recused from prosecuting his case because of alleged conflicts.
In a sensational motion filed in April, Perdigao — who is accused of stealing $30 million from the Adams and Reese law firm, where he was once a partner — claimed that federal prosecutors were uninterested in pursuing a series of juicy leads he provided them after his arrest. The reason, he said, was that some of the tips implicated members of Letten’s office.
In addition, Perdigao noted that his leads, if verified, could have tarnished or even overturned the verdict against former Gov. Edwin Edwards, who is serving a 10-year prison sentence. Letten’s office did not want to run that risk, Perdigao argued.
In a status conference held Friday, U.S. District Judge Eldon Fallon, who had been weighing Perdigao’s request for an evidentiary hearing on his claims, ruled that no hearing was necessary. Fallon also denied the request to recuse Letten’s office at the status conference.
I guess those of us looking for some entertainment from the hearing will have to wait until Perdigao’s criminal trial, or further developments on his civil suit. That could take a while:
Perdigao’s trial on the criminal charges is scheduled to begin Dec. 1. His civil suit has not been scheduled for trial yet.
Bummer, dude.
We may see something sooner if Edwin Edwards’ attorney requests a hearing based on newly discovered evidence.
I’m not surprised at the judge’s decision since the US Attorney’s office for the Eastern District of Louisiana previously referred Perdigao’s claims to the Justice Department, but it will be interesting to read the judge’s order. I’m unclear how Perdigao can raise these claims in his criminal trial.
Typically allegations of bias go to weight, not admissibility, but is that true where the claims concern the prosecutor’s office? If there is a reasonable basis for prosecutorial bias or fraud, the prosecutor should be recused. If there is no reasonable basis, it seems to me that Perdigao’s claims aren’t relevant. This seems especially true where Perdigao claims the prosecution gave someone else a better deal than they gave him, not that he’s innocent.
DRJ (73b499) — 6/10/2008 @ 6:22 pmDRJ – Please come back. I miss you. sniff.
daleyrocks (d9ec17) — 6/10/2008 @ 6:35 pmHi, DRJ!
Paul (19c9b7) — 6/10/2008 @ 6:36 pmHello everyone!
DRJ (73b499) — 6/10/2008 @ 6:45 pmYAY!!! DRJ is back!!!!
*hugs* Don’t everstay away so long again… *grins*
So what’s your next blog post gonna be about? *runs for his life*
Scott Jacobs (d3a6ec) — 6/10/2008 @ 6:57 pmScott, you are just going to have to stop this flirting with DRJ. 😉
Paul (19c9b7) — 6/10/2008 @ 7:02 pmshhhhhhhhhhhhhhhhhh!!! She’s married! if her husband finds out I’m a dead man. They ARE texans you know…
🙂
Scott Jacobs (d3a6ec) — 6/10/2008 @ 7:06 pmA familiar voice from a Galaxy Far, Far Away returns to sooth the tattered soul (and give us, the great unwashed, some pretty good insight into legal machinations from the Great State of Texas, and environs).
Another Drew (8018ee) — 6/11/2008 @ 8:55 amWelcome back, CowGirl!
Sorry, forgot the “e” in soothe.
Another Drew (8018ee) — 6/11/2008 @ 8:57 am