Tuesday, March 17, 2015

Prosecutor Gets Hot Under Collar; Judge Slaps Him Down

Judge Eduardo C. Robreno
By Ralph Cipriano
for Bigtrial.net

They haven't picked a jury yet but the lawyers in the rogue cops case are already going at it.

Assistant U.S. Attorney Anthony J. Wzorek today challenged defense lawyer Michael J. Diamondstein on his claim that the government may have perpetrated a fraud on a grand jury by putting a witness on the stand who perjured himself.

Turning toward Diamonstein and speaking in a loud voice, Wzorek told the defense lawyer, "We look forward to answering that." The prosecutor told Diamondstein that he and the other defense lawyers in the case could call him as a witness to see if those charges were true.

The prosecutor's baiting of the defense lawyers did not go over with U.S. District Court Judge Eduardo C. Robreno.

"Address the court," the judge snapped.

Diamonstein, who represents former Police Officer John Speiser, started the ruckus on Sunday when he filed a  motion seeking to quash the RICO indictment of his client. In his motion, Diamonstein charged that the perjury committed by the witness identified only as "C.C." was "easily and readily identifiable by the government's agents."  But the feds chose to willfully ignore it, exhibiting a "reckless disregard for the truth," Diamondstein charged.

Clearly those were fighting words to Wzorek.

In oral arguments, Diamonstein raised the ante, telling the judge, "The government made a big mistake here."

"We really messed up here," Diamondstein said about the feds' use of a false witness. The only way out, the defense lawyer said, was to go begging to the judge.

"We're asking you to rescue us," Diamonstein said about the prosecutor's request to have the judge strike two counts from the indictment, as well as "Episode 13" from a list of alleged police misconduct.

Wzorek, who jousted with Diamonstein during oral arguments, jumped up to respond, but before he could utter a word the judge slapped him down again.

"I think that's enough," the judge told the frustrated prosecutor.

The defense wanted to stop the feds from dropping the two counts and Episode 13 from the indictment. But Judge Robreno denied that motion. The judge told the lawyers in the case that he would consider at a future date the issue of whether the defense would be able to tell the jury about the withdrawn counts, as well as Episode 13.

In Episode 13, the officers allegedly "kicked in the front door" of C.C.'s house and stole $3,200 from him. But when C.C. testified to a jury in his criminal case he never mentioned the robbery. And when C.C. filed a civil suit against the cops seeking damages, he stated he didn't have any money the day the cops kicked down his door, according to Diamonstein's motion.

In the government's response, the U.S. Attorney's office said they did not become aware of C.C.'s civil suit until March 4, 2015. The government then met with C.C. and his lawyer in the civil case. On March 13, the government filed a motion to withdraw Episode 13.

The feds, however, in their  official response, and today in court, did not challenge Diamonstein's allegations that the government granted C.C. immunity and allowed him to testify before the grand jury without ever interviewing C.C.

The prosecutor today also conceded in court that the government never looked at the transcript from C.C.'s criminal case until Diamonstein attached those records to his motion to quash the indictment.

C.C. was arrested by the cops who are defendants in the RICO case on March 10, 2010 and charged him with possession with intent to distribute. The criminal case ended in a hung jury.

"We didn't have those notes until Mr. Diamond presented them," Wzorek told the judge about the transcripts of the criminal case.

The prosecutor, backpedaling all the way, acknowledged to the judge that there were "inconsistencies" in C.C.'s testimony but he denied that it rose to the level of perjury.

The judge told Diamondstein that he would delay a ruling on whether to quash the indictment of Speiser.

The lawyers in the case then turned their attention to jury selection, as the clerk was preparing to bring in a panel of about 200 prospective jurors.

The case, scheduled to begin March 30, is expected to last 10 weeks, lawyers on both sides agreed.

Today's hearing was attended by reporters from the Inquirer, Daily News, KYW and Big Trial. That may have alarmed the prosecutor, whose case and credibility were taking a hit. Wzorek asked for a sidebar conference.

The judge, at the request of the prosecutor, then imposed a gag order that will prevent lawyers in the case from talking to the media.

34 comments:

  1. give these COPS THE ELECTRIC CHAIR...

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    Replies
    1. I have no sympathy for them. You placed a gun in my ribs and then sucker punch some one (Tom) just because one would'nt snitch
      And the worst part you took a envelope of 1500(with pay stub reciept in it) off of bedroom dresser. Petty man. You gave the police dept in philly a bad name.
      Salute to Philly good Police officers!!!

      Delete
  2. Even better....give all DRUG DEALERS THE ELECTRIC CHAIR...

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  3. Thank you for actually reporting the truth.

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  4. Have any of you followed these trials by the feds and state lately the evidence and facts are very weak. There star witnees just got arrested for the same bullshit he.s testifying about drugs. Jurors don.t believe these clowns they put up there any more unless its a family member case and point Ronny the wigs daughter. I really don.t think they win that case with out her. The mob trial with Bent finger and apornick lying to save there asses. And The Father Andy Mistrial. Unless they have these cops on tape i don.t see a guilty verdict. There lives are ruined no matter what from this point on the most than can hope is they keep there pensions. So for u anonymous computer tough guys this is no open and shut case for Americas team its falling apart even before the bell for rd 1 begins. Just my opinion haters.

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  5. The sad part is what these 6 familys are going through especially the kids. I pray they whether the storm and there fathers are found not Guilty

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  6. To put one cop in the SHU, kept like American POWs in Hanoi 23/24 hours in solitary confinement without access to family members, media news, reading material (88,000 pages of trial documents) is way beyond stupidity as you will have a cop out of SHU, a broken man, unable to participate in his defense with smiling prosecutors looking over him. This is like beating up a man and expecting him to pick up his hockey stick and give his all on the ice.

    Given the fact that thousands of Americans died in the nations wars to preserve the freedoms we have and given the disgraceful behavior by prosecutors in getting the ringleader cop incarcerated without bail in the SHU and denied access to trial paperwork, visits by family, and access to media news in order to break him down and make him totally unable to defend himself in the upcoming trial.

    What is needed is a mistrial to be declared since one of the defendants is unable to participate in his own defense. And for the judge to order the chief prosecutor to spend six months in the very same SHU cell the cop spent time in. And he shall be given no access to visits by family members, mass media, reading documents.

    And a new prosecutor shall be named to handle the case along with a new judge to hear it.

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  7. What the hell is going on in this trial? Does the Geneva Convention apply to former Officer Riciardello? The feds do stings that backfire on them; file motions using lying drug dealers as witnesses. And then when they're exposed they ask the judge to clean it up for them.

    I repeat, what the hell is going on with this trial and the U.S. Attorney's Office and FBI?

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  8. US Attorney's Office = "reckless disregard for the truth". That says it all!!!

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  9. I find it ironic the government is accusing these cops of using their badges to perform corrupt acts and yet the only ones looking like they are using their positions to be corrupt is the government.

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  10. The cops would have taken a plea if they thought they did anything wrong. Im sure they have proof the rest of them are lying too. Good luck blue. God bless you and your families.

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  11. FBI had their toes stepped on by better investigators so they decide to destroy their lives.

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  12. Officer Jeffrey Walker will be the nail in the coffin of all 6 officers especially Toms.

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    Replies
    1. Hahahahahha!!! Oh wait..you're serious.....bbwwwhahahaha

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    2. Jeffrey Walker will be the nail in his own coffin. He hasn't been sentenced yet, pending the outcome of this trial. Just wait till you see how much of a liar and sociopath he is. You won't be eating your words, you'll be choking on them...

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  13. The other 5 officers are smart(lol)...just joking.
    But there strategy is to shift all the blame on their ring leader Tom L.. It may work?

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  14. The U.S. Attorney's Office has compiled a long list of lost cases due to insufficient or erroneous evidence. The immaturity and lack of professionalism by that office is criminal in itself. Shame on the Prosecutor and the Judge to try and sweep evidence under the rug or better yet design and fabricate it. What happened to the right to a fair trial and the premise you are innocent until proven guilty?
    These 6 Police Officers are the same people who have protected us against the evils of drugs and all they bring yet we are now trying to burn them at the stake? Isn't this America? Have we become a Country of hate for those we hire to protect us? I now find myself questioning a justice system I have always supported.

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  15. Theres something really wrong heere Mr Memmengeeeer!!!!!

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  16. I thought Tom L. was a team leader? Then why wont he bite the bullet for his partners in crime(the other officers-his Gang)? Hes gonna bring the whole ship down to try and save himself. Well what kind of jerk is he after all. Hey Tom L. Dont drop the soap is all i can say��

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  17. Not sure who is charged with what let.s see how the federal witnesses sell it before we jump to conclusions. Hung jury at best and any charges toward Tom reversed on appeal for not being able to prep properly while in shu.

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    Replies
    1. A lot of trumped up shit here im guessing so time will tell. May God bless these officers and there familys in these trying times.

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  18. Shame on the government and shame on the judge. We are suppose to be fighting the drug war together. This makes all the drug fighting officials discouraged. There is no reason why one is in jail and cannot fight for his own defense. This is AMERICA and everyone has a right to a fair trial and a right to prepare for his defense.

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  19. FOP PRES. Says these officers are a discrace to phillys finest.

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  20. Whats he suppose to say even the Commisioner took sides with the feds its politics and money for more under cover Jobs and Joint investigations with detectives from phila police force. They could care less about these officers jow many of them are black and that will answer ur question they was on the fadt track for promotion before someone ( the feds and phila brass) put a stop to it and took the word of the poor little black boys who were lumped up and violated by these bad white policeman and they feared for there lives and went right back and got busted for the same shananigans they were doing before now who.s the real Jerkoffs here. Would that be Mr boogieman Zane memenger who has 19 months to plant his flag before him and brother obama are sent packing.

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    Replies
    1. The 6 officers have the full support of the FOP. The above statement was a lie.

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  21. Thanks for clearing that up anonymous these haters just don.t have a clue what.s at stake here with this trial all eyes will be on this city for 10 wks and then some and for the sake of God and City the truth will be heard , Judged and dealt with properly without question.

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  22. Salute to our Law Enforcement in blue. We do not condone the actions of unlawful acts committed by fellow officers. We would hope that these officers are innocent and our not convicted of any wrong doing. And if they are found guilty then they should suffer the consequences under the law as set for in this city and state.

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  23. These officers don’t represent the majority of this department,” Philadelphia Police Commissioner Charles Ramsey said. “We will continue to be transparent; we will continue to pursue those involved in corruption, and remove those who don’t belong in this department.”

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  24. Charles Ramsey is a press whore. He was not part of the investigation as it was at the federal level. He made a blanket statement on what he was told by the US DA. If he actually saw the paperwork on the investigation he would choke on his words. Travesty of justice. Bunch of drug deals looking for dollars in return for helping the FBI get revenge on better investigators who ruined one of their cases.

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    1. All I can say is these cops are in over there head. I once was a cop in phila and I was indicted by the feds. Before I knew it I was serving a federal sentence far from home. I pray for them and their families.

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  25. My mother and now brother are phila police officers. I look up to them and love that my family helps and protects others. I hope they would never do anything close to what these ex-police officers are accused of.

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  26. Guilty or not let them go. Cops should have some liberties. Reminds me of the Dirty Harry movie when the cops went after the drug pushers and killers.

    Instead there are corrupt individuals like Vince Fumo who are asking to be removed from supervised release. Ralph do you know Vince Fumo ?

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  27. My thing is this-Tom L., why not go down with the ship like a true captain that supposedly you are? Personally, Brian Reynolds told you to stop the dumb shit along time ago and now Mr. Reynolds and his family has to suffer along with you. Brian R. Should have been dropped from these lunatics case along time ago and i pray for him and his family sake that hes smart enough to cut a last minute deal with the gov. He dont deserve the shit his crooked partners got him involved with.

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