10282015 - News Article - Soderquist prosecutors want to watch trial video alone

Soderquist prosecutors want to watch trial video alone

NWI Times
October 28, 2015 - 5:00 pm

http://www.nwitimes.com/news/local/lake/soderquist-prosecutors-want-to-watch-trial-video-alone/article_c206af39-670e-5503-9beb-82e8d591ca2a.html

HAMMOND | Prosecutors in the first federal criminal case against former Lake Station Mayor Keith Soderquist and his wife, Deborah Soderquist, are seeking permission for their own viewing of the video recording of the September trial.

While the court ordered that attorneys for both sides watch the video during a single viewing, prosecutors said in a motion filed Wednesday that the defense is busy preparing for a second trial Nov. 9 and would not likely be available until after that date.

Prosecutors hope to see the video as soon as next week in order to have time respond to the defendant's motion for a new trial by a sought-after deadline of Nov. 10, according to the motion. The defense can watch the video after the Nov. 9 trial.

"Without allowing this prompt review of the videotape by the government, it is unlikely that a review by all of the parties will occur any time before the week of November 16, 2015, thereby delaying the government's response by several weeks," the motion says.

The Soderquists were granted the right last week to view the trial video.

Attorneys for the Soderquists are seeking a retrial, claiming their clients were denied a fair trial because the federal judge presiding over the case — U.S. District Senior Judge Rudy Lozano — was asleep during portions of their criminal 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 money from Soderquist's campaign fund and the city's food pantry account to gamble.

The couple was granted a different judge in their upcoming second and separate criminal trial next month, which includes their daughter, Miranda Brakley.

Brakley is charged with stealing money from the city of Lake Station when she worked as a court clerk, and the Soderquists are accused of helping her hide the crime. All three have pleaded not guilty.