Soderquist deserves new trial if judge was asleep at wheel
Post-Tribune (IN)
Jerry Davich
September 25, 2015
Former Lake Station Mayor Keith Soderquist should be requesting a new court trial as a last-ditch, desperate effort to avoid jail time.
So would you if the federal judge presiding over your jury trial appeared to fall asleep behind the bench during court proceedings.
Soderquist's ever-savvy attorney, Scott King, filed motions this week requesting a new trial and new judge. King claims U.S. District Judge Rudy Lozano dozed off multiple times during the eight-day trial for Soderquist who, along with his wife, Deborah, was convicted of conspiracy to commit wire fraud, seven counts of wire fraud and three counts of false filing.
In Lake County, such courtroom legalese is simply called "public corruption," and Soderquist is the latest public official to get caught with his gambling hands in our cookie jar. I believe he is guilty of wrongdoing. But I also believe he has a valid claim to request a new trial, and a new judge, even if Lozano nodded off once for only a minute.
Lozano's alleged narcoleptic moments are understandable if you've ever attended a lengthy trial where every detail, every fact, every allegation is dissected ad nauseam. These court proceedings are nothing like those portrayed on TV shows, wrapped up all nice and tidy in less than an hour.
They are boring. They are tedious. They attract visitors who only have a vested interest in the defendant, the case and the verdict - such as Kevin Farthling, a long-time Lake Station business owner who has a personal and professional interest in this case, and in Soderquist's fate.
Farthling said he and his wife, Patty, attended every day of that trial and its pretrial proceedings, logging almost 100 hours, according to their figures. He insists that Lozano was never asleep at the wheel of his courtroom.
Yes, Lozano's head was down at times, Farthling told me, but he never nodded off. Lozano was paying attention "very intensely," Farthling said.
"He's a senior judge," he said. "I'm very confident that everybody, including the judge, was on point."
However, I also heard from another daily visitor in that courtroom who claims Lozano did fall asleep more than once. And a security video feed from the trial will prove it, which explains why King's third motion was for that video to be preserved.
Over the past 20 years, judges who I consider friends have admitted to me (off the record) that they've nodded off during trials or hearings. But only for a few seconds until they're snapped awake to continue their duty. The claims against Lozano go beyond this, and Soderquist has every right to request a new trial and judge.
In the court of public opinion, all that matters is that no jurors ever fell asleep because it was the jury, not the judge, that found Soderquist guilty. If another trial is granted, it will be not only a waste of taxpayers' money but also a waste of time, I say.
The Soderquists are guilty as charged, and another jury - with another judge - will render the same verdict, I believe. As we've learned from previous public corruption trials involving the feds, their dogged prosecutors are relentless and thorough.
Heck, if I was a public office holder I wouldn't steal a paper clip for my personal use. But I'm convinced that right now, even amid the aftermath of Soderquist's guilty verdict, another Northwest Indiana public office holder (or holders) is up to no good.
They're either drunken on arrogance or blinded by ignorance. Either way, the feds will explain it all to us in mind-numbing detail in a few weeks or a few months. The front-page headlines will again awake us from our slumber of blind trust in elected officials.
The only question will be whose hand was caught in whose cookie jar.
In the meantime, the Soderquists still have a second trial on their docket, for a separate case involving their daughter, and Lozano again is the presiding judge. Maybe someone should secretly supply the judge's bench with a few cans of Red Bull.
Lake Station continued
"Hey, Jerry, you always write about Lake Station and our problems, but I never see you in our fair city," Carla F., of Lake Station, said in a voice mail. "What gives? Attend a meeting sometime or pay a visit, will ya?"
Hey, Carla, I will be in your fair city on Saturday morning for the Fox Gallery Fall Art and Music Festival at 2901 Dekalb St. Amid the live music, artwork and food vendors, I'll be there from 10 a.m. to noon to chat with visitors about whatever comes up, including Lake Station politics and today's column, if asked. Hope to see you there.
Bernie Sanders supporters unite
As promised in my previous column on local Donald Trump backers, I also am interested in talking with local Bernie Sanders backers. The Democratic presidential candidate is riding a tsunami of support from across the country, including this area.
"When Senator Sanders started his presidential campaign, I knew immediately I wanted to help out in any way I could," said Drew Wenger of Valparaiso. "So I did what any guy from my generation would do. I turned to Facebook and created the Valparaiso for Bernie Sanders page."
"It has spawned groups in Crown Point, Michigan City, Griffith and Highland that are under my purview," he told me. "But the real story is about the people who have never been a part of a grassroots campaign, or even voted before. They are leaving their comfort zones to dedicate their time to raising awareness for Senator Sanders' campaign."
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