Soderquists' attorneys file motion for new trial
NWI Times
September 22, 2015
HAMMOND | The attorneys for former Lake Station Mayor Keith Soderquist and his wife, Deborah, are seeking a new trial on their behalf claiming the federal judge presiding over their case was asleep during portions of their trial.
"The 'interest of justice' requires a new trial because there were a number of occasions when during the trial of this case where the presiding District Judge was observed to have been asleep," said the motion for a new trial. "The defendants submit that these incidents prejudiced their right to a fair trial and to Due Process of Law."
The motion, signed by attorneys Scott King and Lakeisha Murdaugh, was filed Tuesday. U.S. District Senior Judge Rudy Lozano presided over the Soderquist's case.
On Wednesday, Lozano signed an order taking under advisement the defense attorneys' motion for a new trial and a change of judge. The government has until Sept. 28th to respond to the motions.
According to a memorandum of law contained within the filing, the attorneys said "the defendants made a record of two (2) occasions during their trial that the District Judge appeared to be asleep during the presentation of the evidence. The defendants have simultaneously with the filing of this Motion, filed a Motion to Preserve video security surveillance evidence of the courtroom that the trial was conducted in in order to determine if said evidence provides visual proof of the presiding District Judge sleeping at other points in the trial."
The memorandum said the defendants are prepared to present additional evidence regarding observations of Lozano sleeping at various times during the trial. The attorneys also filed a change of judge motion stating that on two occasions during the trial they informed the judge he appeared to be asleep and the judge stated he was not asleep.
Lozano Wednesday granted the defense motion to preserve evidence and ordered the U.S. Marshals Service to preserve surveillance recordings made of the courtroom during the trial.
Jurors on Sept. 11 found the Soderquists guilty of conspiracy to commit wire fraud, seven counts of wire fraud and three counts of false filing. They were accused of improperly using funds from Soderquist's campaign fund and the city's food pantry account to gamble.
King said after the trial that he planned to appeal. He said at the time there were things that happened at the trial that he has never seen before in his career. At the time, he said the motion would address several issues but did not elaborate.
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