Possible Dismissal
Possible Dismissal
Judge in AIPAC case focuses on government refusal to share tapes
By Ron Kampeas and Matthew E. Berger JTA
WASHINGTON, Oct. 2 (JTA) — The judge hearing a case against two former staffers of the American Israel Public Affairs Committee has raised tough questions about the government’s reluctance to share information with the defendants, suggesting the reluctance could lead to a dismissal.
The contours of the trial against Steve Rosen, AIPAC’s former foreign policy director, and Keith Weissman, a former Iran analyst, on charges of trading in classified information are beginning to become clear in preliminary hearings. The trial date is set for Jan. 2.
Lawrence Franklin, a former Pentagon analyst who is charged as a co-conspirator, is set to plead guilty on Wednesday, which would require him to testify against Rosen and Weissman.
In a routine scheduling session Sept. 19, Judge T.S. Ellis was taken aback by prosecutor Kevin DiGregori’s plans to withhold from the defense a portion of tapes and transcripts of conversations among Rosen, Weissman and others in which the defendants allegedly incriminate themselves.
“I am having a hard time, Mr. DiGregori, getting over the fact that the defendants can’t hear their own statements, and whether that is so fundamental that if it doesn’t happen, this case will have to be dismissed,” Ellis said. “Have you ever heard of a case where a defendant couldn’t have his own statements? I have been on the bench 18 years, with another 20 years before that, and it has never happened. I don’t know of any reported case.” [..] (continue)
Posted by Ted Belman at October 3, 2005 11:48 AM
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Possible Dismissal
Judge in AIPAC case focuses on government refusal to share tapes
By Ron Kampeas and Matthew E. Berger JTA
WASHINGTON, Oct. 2 (JTA) — The judge hearing a case against two former staffers of the American Israel Public Affairs Committee has raised tough questions about the government’s reluctance to share information with the defendants, suggesting the reluctance could lead to a dismissal.
The contours of the trial against Steve Rosen, AIPAC’s former foreign policy director, and Keith Weissman, a former Iran analyst, on charges of trading in classified information are beginning to become clear in preliminary hearings. The trial date is set for Jan. 2.
Lawrence Franklin, a former Pentagon analyst who is charged as a co-conspirator, is set to plead guilty on Wednesday, which would require him to testify against Rosen and Weissman.
In a routine scheduling session Sept. 19, Judge T.S. Ellis was taken aback by prosecutor Kevin DiGregori’s plans to withhold from the defense a portion of tapes and transcripts of conversations among Rosen, Weissman and others in which the defendants allegedly incriminate themselves.
“I am having a hard time, Mr. DiGregori, getting over the fact that the defendants can’t hear their own statements, and whether that is so fundamental that if it doesn’t happen, this case will have to be dismissed,” Ellis said. “Have you ever heard of a case where a defendant couldn’t have his own statements? I have been on the bench 18 years, with another 20 years before that, and it has never happened. I don’t know of any reported case.” [..] (continue)
Posted by Ted Belman at October 3, 2005 11:48 AM