Federal judge to consider Soderquist motion for new trial
Post-Tribune (IN)
September 24, 2015
The federal judge accused of falling asleep during former Lake Station Mayor Keith Soderquist's recent public corruption trial is considering a request to grant a new judge to oversee the case.
U.S. District Rudy Lozano said in an order issued Wednesday that he would take under advisement two motions by Soderquist, one for a new trial and one for a new judge. He's giving federal attorneys until Monday to respond.
Scott King and Lakeisha Murdaugh, attorneys for Soderquist and his wife, Deborah Soderquist, filed the motions Tuesday, arguing that Lozano fell asleep at least twice during the recent trial, which violates the Soderquists' right to due process.
King said Tuesday that a judge needs to be aware of everything that occurs during a trial so he can make proper rulings.
King said he was asking for a new judge because Lozano had already denied that he slept during the trial.
Lozano could not be reached for comment.
Lozano did grant a third motion that asked the court to preserve security video recordings from the courtroom during the trial as possible evidence to see whether there were other moments the judge might have fallen asleep. He ordered the U.S. Marshals Service to take over the video.
A federal jury convicted the Soderquists on Sept. 11 of using money from the mayor's campaign fund and money from the city's food pantry to pay for more than 50 gambling trips during 2010 through 2012.
Toward the end of the trial, federal attorneys made an objection, and King responded. Lozano, who was looking down, did not appear to hear, though. King then called for a closed hearing.
The Soderquists also face a second trial in November in a separate case. Deborah Soderquist's daughter, Miranda Brakley, is charged with stealing money from the city when she worked there as a court clerk, and the Soderquists are accused of helping her. Lozano is overseeing that case as well, and King said Tuesday that he did not know if he would ask for a new judge in that case.
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