Tuesday, May 20, 2008

Mike McGee Trial Suspended

From the Milwaukee Journal Sentinel:

The trial of Michael McGee has been suspended after a prosecutor said newly translated evidence could provide the defense with an argument that the former alderman was entrapped by federal agents.

At issue are translations of recorded Arabic conversations, the transcripts of which were not given to the defense until Monday, when the trial started.

Clearly annoyed by the surprising turn, Circuit Court Judge Dennis Moroney halted the trial and said he wanted all Arabic conversations transcribed by June 20 and turned over to the defense.

"This is sitting squarely on your shoulders because of this non-disclosure. I am not happy about that," Moroney said to District Attorney John Chisholm and his team.

A jury that was picked yesterday will be dismissed. Moroney is set to come back at 11:45 a.m. to set the next date. Moroney, who is moving to civil court, will not handle the trial, if there is one, he said.

Depending on what is found in the translations, Moroney also could dismiss the case or order certain evidence suppressed.

At issue are a series of recorded conversations in Arabic involving the state's star witness, Adel "Jack" Kheirieh, a grocer whose store was the alleged hub of a vote-buying effort during McGee's recall last year. Kheirieh unsuccessfully ran for McGee's seat this year.

State prosecutors said they didn't translate what they described as "snippet" recordings of Kheirieh because they didn't plan to use them and because they weren't "exculpatory," meaning they wouldn't help clear McGee. Under court rulings, exculpatory evidence must be turned over to the defense, regardless of whether the state plans to use it.

The state received a translation of one Arabic conversation 10 days ago and two more on Monday morning, said Assistant District Attorney Bruce Landgraf.

McGee's defense team has had the recordings for months but also didn't translate them, Moroney noted.

Both state prosecutors and McGee's defense team are incompetent. Why wouldn't both the prosecution and the defense find out what was on the recordings. That makes no sense to me.

This delay is ridiculous. What's with failing to translate the Arabic conversations?

Moroney is rightly ticked off.

Dan O'Donnell of 620 WTMJ reports:

After just 20 minutes of recess, the attorneys have agreed to adjourn until July 3rd at 8:30 am in Judge Richard J. Sankovitz's courtroom.

This trial isn't free. Taxpayers are covering the cost.

You may not care about McGee and justice, but you might care about your tax dollars being wasted.

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