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Friday 4 May 2012

#Judge in Zimmerman Case Disqualifies Herself Judge in Zimmerman Case Disqualifies Herself

A Florida judge disqualified herself from the state’s case against George Zimmerman, who is charged with second-degree murder in the shooting death of Trayvon Martin.

Associated Press
Circuit Judge Jessica Recksiedler
Seminole County Circuit Judge Jessica Recksiedler stepped aside at the request of Mr. Zimmerman’s attorney, Mark O’Mara. Judge Recksiedler’s husband, Jason Recksiedler, is a partner in the law firm of Mark NeJame, an attorney who said he had been asked by contacts of Mr. Zimmerman to take on his case before referring it to Mr. O’Mara. Mr. NeJame is now a paid CNN legal analyst commenting on the case.
Judge Recksiedler, 39 years old, said those facts by themselves didn’t require her to step down. But the “cumulative effect of the events and the totality of the circumstances,” formed sufficient basis for disqualification, she wrote in an order, parts of which were excerpted in a statement by the court. The case file is closed to the public, by court order.
Another judge on the court, John Galluzzo, had also taken himself out of rotation, because of his prior business and personal relationship with Mr. O’Mara, the court said in the statement.
The job now falls to Judge Kenneth Lester Jr., a 15-year veteran of the court. Judge Recksiedler was elected to the bench in 2010.
Mr. Zimmerman, 28 years old, was charged in the fatal shooting of Mr. Martin, following a confrontation that prosecutors allege was provoked when Mr. Zimmerman aggressively pursued Mr. Martin. Mr. Zimmerman, through his lawyer, has said he acted in self-defense.

Wiretaps Allowed In Ex-Goldman Director Gupta’s Insider Case Wiretaps Allowed In Ex-Goldman Director Gupta’s Insider Case

guptaFor now, prosecutors get to keep their newest tool to fight insider trading: wiretaps.
A federal judge, in an opinion made public Tuesday, said that prosecutors can play at Rajat Gupta’s insider-trading trial secretly recorded phone calls captured from the cellular phone of Raj Rajaratnam, a hedge-fund manager he alleged tipped. The phone calls were previously allowed into Rajaratnam’s criminal trial last year by former U.S. District Judge Richard Holwell.
Gupta, a former director at Goldman Sachs Group and Procter & Gamble had argued in part that  federal law doesn’t allow wiretaps to be used “in investigations of suspected insider trading” and the wiretaps never should have been allowed into Rajaratnam’s case because they were improperly obtained. Gupta has denied wrongdoing.
“So long as the government acts in good faith with respect to informing the court of the crimes it is investigating and learning of in connection with the wiretap, as Judge Holwell and this court conclude was done here, the government is free to use evidence obtained from an unauthorized wiretape in the prosecution of a crime not listed in” the wiretap statute, U.S. District Judge Jed Rakoff said in an opinion made public Tuesday.
A lawyer for Gupta declined comment Tuesday.
Federal prosecutors in Manhattan have alleged that Gupta provided inside information from Goldman and P&G to Rajaratnam while on their boards, including details of an investment in Goldman by Warren Buffett’s Berkshire Hathaway Inc. at the height of the financial crisis in October 2008.
Gupta, who has been charged with conspiracy and securities fraud, is expected to go to trial on May 21.
Rajaratnam, who was convicted of insider-trading charges last year and sentenced to more than 11 years in prison, is challenging the admissibility of the wiretaps on appeal.

Law Blog Doc Dump: Edwards Exhibits


REUTERS
Former U.S. Senator John Edwards
The U.S. district Court in Greensboro, N.C., has posted dozens of exhibits in the trial of John Edwards, who is accused of violating campaign-finance laws by accepting more than $ 900,000 from two donors to conceal his pregnant mistress during his 2008 campaign.
The exhibits were entered into evidence during the  testimony of former Edwards aide Andrew Young, a key government witness who says he coordinated the secret payments and took Edwards’s mistress, Rielle Hunter, on a months-long trip with his own wife and three children to keep out of sight.
The exhibits include several voicemails by Edwards checking in on Young and Hunter, and records of checks from Rachel “Bunny” Mellon, a wealthy, now 101-year-old Edwards benefactor who helped finance Hunter’s expenses. The exhibits also include photos of the luxury resorts where the Youngs and Hunter stayed while trying to avoid the press.
h/t Josh Gerstein

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