Feds counter Soderquist claim of judge asleep at trial
Attorneys: Video does not support motion by ex-Lake Station mayor
Post-Tribune (IN)
November 28, 2015
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/159654AB8466F400?p=AWNB
Federal attorneys argue that a video from former Lake Station Mayor Keith Soderquist's criminal trial in September does not show his judge fell asleep.
In a response filed Friday in the U.S. District Court in Hammond, the federal attorneys claim there's no evidence, either from the security video or from trial transcripts, to support the motion by Soderquist and his wife, Deborah Soderquist, for U.S. District Judge Rudy Lozano to recuse himself and for a new trial.
"In a trial lasting over seven days and literally dozens of hours of testimony, nothing on the trial video recording even remotely approaches any supportable claim that the defendants were denied due process," federal attorneys say in the response.
Scott King and Lakeisha Murdaugh, attorneys for the Soderquists, filed for the new trial soon after the Soderquists were convicted of using money from his campaign fund and the city's food pantry to pay for dozens of gambling trips to Michigan. In the motion, they argue the judge fell asleep at least twice during the trial, depriving the Soderquists of their right to a fair trial by not properly overseeing the trial. King said at the time that if the judge missed parts of the trial, then he might not have been able to properly rule on motions.
Both the government and the defense were allowed to review the security video from the trial, and now federal attorneys argue it doesn't support the Soderquists' claims.
"The best that can be said for the defense is that a two- and a two-and-a-half-minute portion of the entire trial video could arguably be claimed to support the defendant's assertion the trial court was less than completely attentive," the government's response says.
The attorneys argue that the defense hasn't shown specifically how that affected their trial rights. The government is asking Lozano to deny the defense's motions for his recusal and a new trial.
Attorneys: Video does not support motion by ex-Lake Station mayor
Post-Tribune (IN)
November 28, 2015
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/159654AB8466F400?p=AWNB
Federal attorneys argue that a video from former Lake Station Mayor Keith Soderquist's criminal trial in September does not show his judge fell asleep.
In a response filed Friday in the U.S. District Court in Hammond, the federal attorneys claim there's no evidence, either from the security video or from trial transcripts, to support the motion by Soderquist and his wife, Deborah Soderquist, for U.S. District Judge Rudy Lozano to recuse himself and for a new trial.
"In a trial lasting over seven days and literally dozens of hours of testimony, nothing on the trial video recording even remotely approaches any supportable claim that the defendants were denied due process," federal attorneys say in the response.
Scott King and Lakeisha Murdaugh, attorneys for the Soderquists, filed for the new trial soon after the Soderquists were convicted of using money from his campaign fund and the city's food pantry to pay for dozens of gambling trips to Michigan. In the motion, they argue the judge fell asleep at least twice during the trial, depriving the Soderquists of their right to a fair trial by not properly overseeing the trial. King said at the time that if the judge missed parts of the trial, then he might not have been able to properly rule on motions.
Both the government and the defense were allowed to review the security video from the trial, and now federal attorneys argue it doesn't support the Soderquists' claims.
"The best that can be said for the defense is that a two- and a two-and-a-half-minute portion of the entire trial video could arguably be claimed to support the defendant's assertion the trial court was less than completely attentive," the government's response says.
The attorneys argue that the defense hasn't shown specifically how that affected their trial rights. The government is asking Lozano to deny the defense's motions for his recusal and a new trial.
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