Written by Matt DalenThe corruption case against high-profile Waccabuc lawyer,Cheap China NFL Jerseys, Robert Simels, may not be as firm as the initial complaint appeared, after U.S. District Judge John Gleeson ruled earlier this month that the government’s recordings of Mr. Simels’ discussions with his client are inadmissible at trial.Robert SimelsMr. Simels had been recorded speaking with his client, alleged narcotics kingpin Shaheed ‘Roger’ Khan, making statements that the government alleged constituted a conspiracy for witness tampering.Judge Gleeson ruled on July 2 that the government’s order to record the conversations, in which Mr. Simels allegedly discussed “neutralising” witnesses against Mr. Khan, was flawed and therefore any fruits of the surveillance order should be suppressed.According to the ruling, the surveillance order had included two contradictory provisions, and thus “the government could not conduct the surveillance without violating one of the two provisions.”According to Judge Gleeson’s ruling, the surveillance order included standard language to minimise the recording of information unrelated to the case, specifically, it mandated that the government monitor the recording so that recording could be turned off when the conversation impinged on other topics.However, the order also included special instructions with the same objective of minimising the collection of unrelated information.The government’s agents were ordered not to listen to the tape while it was being recorded,Wholesale Jerseys, and after it was recorded, to pass the tape to government representatives not linked to the case.These representatives would cut out all information that was privileged under the law, and then return the recording to the investigating team.Because the agents were required to monitor the recording, and at the same time required not to listen to it, Mr. Gleeson ruled that the order was contradictory.“I have no doubt that the government believed it was taking careful steps to protect the rights of these defendants,” Mr. Gleeson stated in his ruling. But he called the government’s failure to recognise that the order was self-contradictory “careless.”Witness tamperingMr. Simels, a prominent New York criminal defence lawyer, was arrested in September on charges of witness tampering.The initial complaint had alleged that he and at least two others were “involved in a conspiracy to obstruct justice,NFL Jerseys China,” conspiring to “influence and prevent the testimony” of witnesses and to “cause and induce persons to withhold testimony” in a case against Mr. Khan.Mr. Khan was accused of running a group known as the “Khan Organisation,Jose Calderon Jersey,” which was allegedly able to “control the cocaine industry in Guyana” in South America,Cheap Baltimore Ravens Jerseys, and was “backed by a paramilitary squad” known as the “Phantom Squad.”According to the complaint, Mr. Simels had asked a criminal informant to assist in the “neutralisation” of witnesses, and had “discussed a range of options,Wholesale Nike NFL Jerseys, from offering them money to murdering their family members,” although he later drew the line at killing one witness’ mother.It is not clear how the case will proceed without the recordings. Mr. Simels faces life imprisonment for several of the charges against him, and Mr. Khan has already pleaded guilty to his original charges.(Lewisboroledger.com) |