Terrorism Federal Criminal Trial is Underway in Riverside Federal Court

August 19, 2014

Los Angeles Times on August 18, 2014 released the following:

Terrorism trial underway for men accused of trying to join Al Qaeda

By MATT HANSEN

The trial of two Inland Empire men accused of being involved in a terrorist plot resumes in Riverside federal court this week, as jurors weigh whether the defendants’ alleged plans to travel overseas and join Al Qaeda posed a true threat or were overstated by investigators.

Sohiel Omar Kabir, 36, of Pomona and Ralph Kenneth Deleon, 25, of Ontario face five counts of conspiracy, including plans to provide support to overseas terrorist groups, commit terrorist acts overseas and receive Al Qaeda training.

Prosecutors allege that Kabir, a naturalized American citizen who was born in Afghanistan, persuaded Deleon, a Filipino citizen and legal resident of the United States, and two other men to travel to Afghanistan to fight alongside the Taliban and later join Al Qaeda.

The other men, Miguel Alejandro Santana, 23, of Upland and Arifeen David Gojali, 23, of Riverside, are scheduled to testify against the remaining two defendants, prosecutors said.

Prosecutors said Deleon, Santana and Gojali were arrested in November 2012 as they prepared to leave California to rendezvous with Kabir, who had relocated to Afghanistan. Kabir was seized by American soldiers in Afghanistan and returned to the United States to face charges.

The men’s purported plot was documented by a confidential informant who became close with the men and recorded audio and video of them as they spoke openly of their plans to join terrorist organizations overseas, according to the prosecution’s trial memorandum, which lays out its plans for the case.

Prosecutors also allege that the men began exercise regimens, visited firing ranges and renewed their passports in preparation for traveling to Afghanistan. Deleon dropped out of college and sold his car to raise money for the trip, prosecutors say.

“Kabir told Deleon and Santana that he made contacts in Afghanistan and that upon their arrival the three men would join the ‘Students,’ referring to the Taliban, before joining the ‘professors,’ referring to Al-Qa’ida,” the trial memo states.

Defense attorneys argue that overzealous federal authorities misinterpreted the men’s sometimes immature actions as true threats, and said their clients never intended to actually join or assist terrorist groups.

“This was a very carefully planned out plot by the government from the investigation stage onwards,” said David Thomas, who represents Deleon. “It was a manufactured prosecution, is our argument. They had their target two years ago and executed.”

On Friday, the second day of testimony, witnesses included a firearms range manager and a Customs and Border Protection inspector who testified about the men’s actions before their arrest.

Nolan Avery, a manager at LAX Firing Range in Inglewood, testified that Deleon, Santana and a third man, whom defense attorneys identified in court as the confidential informant, visited the range in September 2012 and shot an AR-15 rifle and a Glock 17 pistol.

Avery said he remembered the men because they seemed unenthusiastic and had traveled from the Inland Empire to go to the range, passing other shooting ranges closer to home.

“Usually there is a sense of camaraderie in groups,” he said. “This was kind of weird because they separated right away.”

Later testimony placed Gojali picking up a passport in Los Angeles in November 2012, and Santana returning to the U.S. after a visit to Mexico with his grandmother in January 2012.

A Border Patrol agent testified that Santana crossed into the U.S. carrying anti-American propaganda, including literature from radical imam Anwar al-Awlaki and a copy of the jihadist magazine Inspire. Defense attorneys argued that Santana was also carrying unrelated books that explored conspiracy theories and the occult.

A recurring topic during testimony was the role of the government’s informant. After the prosecution showed video from a hidden camera reportedly taken by the informant of Deleon firing weapons at the range, defense attorneys challenged the evidence, saying that only the informant could verify the authenticity of the video. The defense has subpoenaed the informant to appear.

Although U.S. District Judge Virginia Phillips determined that the video evidence was admissible, the confidential informant remains a sticking point in the case.

The Los Angeles branch of CAIR, the Council on American-Islamic Relations, an advocacy organization, has called for the public to share any additional details they may know about the informant.

The organization alleges that the frequent federal use of informants in terrorism cases can lead to entrapment of suspects.

“We’ve seen other communities targeted by the FBI with informants sent into communities and mosques,” said Fatima Dadabhoy, senior civil rights lawyer for CAIR in Los Angeles. “I think what’s important about not just this case but this issue in general is to make sure that when we are doing terrorism cases, we’re not using improper tactics.”

The trial is set to resume Tuesday.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


“Attorneys make opening statements in Somali piracy, murder trial in federal court in Virginia”

June 7, 2013

The Washington Post on June 6, 2013 released the following:

By Associated Press

“NORFOLK, Va. — Defense attorneys for three Somalis charged with murdering four American yachters in a pirate hijacking said Thursday there’s no physical evidence proving their clients fired the shots that killed the Americans during a moment of chaos as U.S. Navy warships and special forces circled nearby off the coast of Africa.

The attorneys also suggested during opening statements in federal court that the other 11 men who have already pleaded guilty to piracy in the case have a vested interest in testifying against their clients, noting that they agreed to testify in exchange for the possibility of a reduced sentence. The 11 are currently serving mandatory life sentences.

The yacht’s owners, Jean and Scott Adam of Marina del Rey, Calif., and their friends, Bob Riggle and Phyllis Macay of Seattle, were shot to death in February 2011 after they were taken hostage at sea several hundred miles south of Oman. They were the first Americans to be killed during a wave of pirate attacks that have plagued the Gulf of Aden and Indian Ocean in recent years, despite an international flotilla of warships that regularly patrol the area.

The men who have pleaded guilty in the case have said they intended to take the Americans back to Somalia and hold them for ransom. Their plan fell apart after U.S. Navy warships began shadowing the Quest.

Assistant U.S. Attorney Brian Samuels said that after the Navy established contact with the Quest, the 19 men who boarded the American yacht split into two factions. One group wanted to accept the Navy’s offer to release the Americans and be allowed to return to Somalia with the Quest. The other faction repeatedly threatened to kill the Americans if they weren’t allowed to proceed to Somalia with them.

Samuels said the three men charged in the murders — Ahmed Muse Salad, Abukar Osman Beyle and Shani Nurani Shiekh Abrar — fell into the more aggressive camp.

What triggered the killings is unclear, but prosecutors and defense attorneys agreed on the general timeline. They said one of the men aboard the pirated yacht fired a rocket-propelled grenade at the USS Sterett, a guided-missile destroyer that had been maneuvering between the yacht and the Somali coast. Meanwhile, small boats of Navy SEALs were in the water and a U.S. Navy helicopter with a sniper on board was also hovering overhead.

Almost immediately after the RPG was fired, shots rang out aboard the yacht. Each of the Americans was shot numerous times. Scott Adam survived the initial gunfire only to be approached by pirates a second time minutes later and shot again. Two pirates were also killed in a hail of gunfire at the time.

However, defense attorney Larry Dash said it was U.S. Navy snipers that fired the first shots. That contradicts prosecutors’ account. Samuels said the Sterett’s commanding officer had previously given an order not to return fire if fired upon.

Samuels said the Navy fired no shots until a team of SEALs boarded the yacht 10 minutes later, shooting one pirate dead. Another pirate who pretended to be injured fought with a SEAL and was stabbed to death. The Americans were flown aboard the USS Enterprise to be treated for their wounds, but medical personnel were unable to save them.

Prosecutors said they will show video taken by the Navy in the moments before and after the shootings took place. Some of the video shows who was standing where as the shots rang out.

Numerous Navy personnel are expected to testify, along with as dozens of FBI and NCIS agents, including some who specialize in ballistic and forensic evidence. The trial is expected to last six weeks.

Despite all the witnesses, DNA samples and ballistic experts, Dash said there is no physical evidence proving his client fired the fatal shot. Samuels noted that some DNA evidence wasn’t available because of exposure to weather during the two days that the Quest was towed to Djibouti following the shootings.

That distinction could help determine whether the men face the death penalty. In all, In all, 22 of the 26 counts against the defendants are death-eligible offenses. Jury selection took more than two days, in part, because of questions about jurors’ views of the death penalty. Piracy carries a mandatory life sentence.

Executions under federal law are rare. Only three out of more than 1,300 executions in the U.S. since 1976 have been carried out by the federal government, according to the Death Penalty Information Center, which tracks death penalty statistics and is opposed to the death penalty

U.S. Attorney General Eric Holder made the decision to seek the death penalty. Ultimately, the U.S. is trying to send a message to would-be pirates: Stay away from U.S.-flagged vessels”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Appeal

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Prosecutors rest fraud case against alleged Indy financier

June 19, 2012

The Herald Bulletin on June 19, 2012 released the following:

“Associated Press

INDIANAPOLIS — Federal prosecutors wrapped up their case Monday against a prominent Indianapolis businessman who they say bilked investors out of $200 million, much of it life savings.

For the past week, prosecutors have presented evidence against Tim Durham, business partner James F. Cochran and accountant Rick D. Snow. The men are accused of raiding the Akron, Ohio-based Fair Finance Co. and allegedly used a Ponzi scheme to steal the savings from about 5,000 mostly elderly investors. They are charged with 12 felony counts of wire fraud, securities fraud and conspiracy to commit wire and securities fraud.

One of them, Donald Russell of Doylestown, Ohio, testified that he lost $350,000, and his 82-year-old mother lost $125,000 and died a month later. He said he believes the stress of losing her life savings pushed her over the edge.

“They have no hearts or souls,” Russell said of Durham and his partners.

Defense attorney John Tompkins said Durham is innocent, but told The Indianapolis Star that he feels sorry for Russell.

“I don’t think that there are any words that could begin to address the situation that he faces,” Tompkins said. “He had a horrible circumstance, and words cannot console him.”

Prosecutors presented analyses of forensic accountants that showed money from Fair Finance being used to help pay for an expensive Playboy party, Durham’s classic cars and trips to luxury resorts and casinos.

Donald Fair, who sold his company to Durham and Cochran in 2002, testified that the men loaned investors’ money to themselves and their businesses and never repaid it.

Prosecutors played recorded phone calls in which Durham and Cochran allegedly made up excuses to give investors about why their interest checks had stopped and they couldn’t cash in. The men tried to persuade Ohio regulators to allow them to sell another $250 million in investment certificates, prosecutors said, and took cash deposits from investors to whom they promised to issue more investment certificates later.

Cochran doubted regulators would shut down the company, according to recordings played in court.

“If they’re gonna blow us up, we’re gonna blow them up,” Cochran allegedly said in a phone call with Durham on Nov. 13, 2009. “I mean nobody wins and everybody loses, but we lose the worst. … I mean it would be a catastrophic event in the state of Ohio. And I’m sure they don’t want that kind of headline.”

Prosecutors presented emails and recordings in which the men discussed layoffs, selling off assets and other ways to cut costs or conceal the loans, yet Cochran also asked to raise his salary to $1 million a year.

In the weeks before an FBI raid shut down Fair Finance in November 2009, prosecutors said Monday, Durham and his partners transferred $85 million from the parent company, DC Investments, to Fair’s books to show more assets on the company’s balance sheet, the Indianapolis Business Journal reported.

Defense attorneys are expected to present their case Tuesday morning, and closing arguments are scheduled for Tuesday afternoon. Jury deliberations are expected to begin Wednesday.

Attorneys for Cochran and Snow have declined to talk about the trial, and Tompkins refused to discuss his defense strategy. He said he didn’t know if Durham would testify in his own defense.

“That will be his decision, but I will advise him,” Tompkins said. “We haven’t had our discussion.””

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Arguments conclude in Roger Clemens perjury trial

June 13, 2012

CNN on June 12, 2012 released the following:

“By Paul Courson, CNN

Washington (CNN) — Dueling scientists, a former trainer, friends and family are among the witnesses whose testimony a jury will consider as they decide if famed baseball pitcher Roger Clemens lied to Congress during an investigation of steroid use among major league players.

The case against Clemens involves one count of obstruction of Congress, three counts of making false statements and two counts of perjury. He is not charged with illicit use of performance-enhancing drugs, but his denial of such use is part of the case against him.

Federal prosecutor Courtney Saleski, in closing arguments Tuesday, told the jury Clemens “wanted to protect his brand, he wanted to protect his livelihood,” in denying the use of steroids during a 2008 investigation by the U.S. House of Representatives into the problem.

“He did that at the expense of our Congress. He threw sand in their eyes. He stole the truth from them,” Saleski said.

She said a guilty verdict would give that truth back to lawmakers.

The Clemens defense team disputed whether the government has made its case, telling the jury all the evidence came through a former personal trainer, Brian McNamee, who had incentive to lie.

“You saw Brian McNamee, the only witness in the history of the world who says he gave or saw an injection of that man,” said defense attorney Michael Attanasio. “One person in the entire world.” During closing arguments, the defense cited the lack of corroborating witnesses, which they said would be a basis for reasonable doubt against any conviction.

“McNamee defines reasonable doubt,” Attanasio said, because of perceived inconsistencies, retractions and corrections he made while testifying.

After verbally providing instructions to the jury late Tuesday, U.S. District judge Reggie Walton sent the jury back to begin deliberations, while acknowledging they may only have time to select a foreperson before letting them go for the day.

The trial has run longer than envisioned, and one juror was moved to alternate status Tuesday because of a fellowship in Germany for which he must depart next week. An alternate was then sent back to join the others.

It took about eight weeks for the prosecution and defense to question 46 witnesses, and the most direct conflict came among expert witnesses as to how to interpret a collection of discarded medical items that allegedly link Clemens to steroid use.

Soiled medical wrappings, cotton balls, drug vials and hypodermic needles that McNamee kept were interpreted differently by both sides. Witnesses for the government said genetic material linked with Clemens suggested it was impossible for McNamee to fabricate the evidence.

But defense witnesses on the same topic said storage in a beer can for years allowed commingling and contamination of materials, making reliable conclusions impossible, and the evidence nearly worthless.

“If you have garbage at the start, you’ll have garbage at the end,” said defense expert witness Dr. Bruce Goldberger, who said his lab would refuse to test such materials without a solid basis for their storage and handling before analysis.

Prosecution witness Dr. Cynthia Morris-Kukoski, an FBI toxicologist, said it is not up to the toxicology lab to make judgments about the materials submitted for testing, with their job only to determine the substances and any genetic identifiers involved.

Former teammate and friend Mike Boddicker testified as to whether Clemens had ever accepted injections, providing an eyewitness account that he had. “I think it was either 1989 or 1990,” Boddicker said, referring to their time together with the Boston Red Sox, describing that he “came into the training room, and saw Roger bent over the table with his pants down, getting a shot.”

The vial, Boddicker said, was clearly marked “B-12” a substance said to provide a pick-me-up after a game or workout.

This is the second trial for Clemens. A year ago, a mistrial was declared before the case reached the jury. The government’s lawyers played video evidence the judge had already banned. Prosecutors said it was an editing mistake, but the Clemens defense team suggested prosecutors were unprepared and had gotten off to a bad start.

“This was a mistake, a regretful mistake,” government attorney David Goodhand said in September in arguing for a new trial. But Walton blasted prosecutors for letting inadmissible evidence be shown.

“I would hate to believe they just blatantly disregarded rulings that I made, but it’s hard for me to reach any other conclusion,” Walton said, before rejecting a defense request that he dismiss the indictment entirely. After consideration, Walton then ordered the new trial.

Several pretrial hearings this time included protests from defense attorneys that the prosecution was trying to take advantage of having heard the initial opening statement last summer by the defense. In the latest trial, defense attorneys expressed concern that prosecutors were trying to “do over” certain efforts the defense may have refuted.

Deliberations Wednesday were set to begin at 1:30 p.m.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Catherine Greig sentenced to 8 years for harboring ‘Whitey’ Bulger

June 12, 2012

Boston Glove on June 12, 2012 released the following:

“Catherine Greig, the girlfriend who spent years on the run with notorious Boston gangster James “Whitey” Bulger, was sentenced today to eight years in prison by a federal judge who said that Greig had aided “someone accused of the most serious crimes imaginable” to evade capture by law enforcement.

“We’re all responsible for what we do,” US District Judge Douglas P. Woodlock told Greig at her sentencing hearing. “We all make choices.”

“There has to be a price imposed,” the judge said, “to serve as general deterrence.”

The sentencing closed another chapter in the saga of Bulger, a fearsome figure accused of 19 murders who once roamed the city’s underworld while at the same time being protected as a highly prized FBI informant. His connections with a corrupt FBI agent led to a tipoff that allowed him to flee and remain a fugitive for 16 years, until his arrest, along with Greig, last year. Bulger now faces a trial in the fall.

Woodlock, saying that the case demonstrated “how the criminal justice system can break down,” also fined Greig $150,000 and ordered her to serve three years of supervised release.

Prosecutors, arguing today for a 10-year sentence, say Greig, 61, was the “key actor” in a conspiracy that allowed Bulger to evade law enforcement. Assistant US Attorney Jack Pirozzolo said it would be “wise and reasonable” considering the nature of the case.

“Essentially, the defendant was committing a crime, day after day,” Pirozzolo said in US District Court in Boston. “This is a woman who by choice chose to help a man who has been accused of vicious crimes.”

But defense attorney Kevin Reddington, who has described Greig as a woman who was a victim of her love for Bulger, said she had not committed any crimes and was simply Bulger’s “housemate.” In court filings, he said that she was kind to animals, and never believed that Bulger was a murderer.

The sentencing hearing had included brief but emotionally charged testimony from relatives of some of Bulger’s victims.

Tim Connors, 37, whose father, Edward, was allegedly shot to death by Bulger June 12, 1975 — 37 years ago today — was first to speak. He addressed Greig, saying, “You are as much a criminal as Whitey, and you ought to be handled as such. … You are a cold-hearted criminal.”

Greig appeared to pay close attention what her attorney and prosecutors said — and then to the testimony of the relatives.

For the most part, when the relatives were speaking, Greig looked straight ahead, avoided eye contact, and showed no obvious emotion.

However, when Connors made a reference to the 1984 suicide of her brother, David, Greig’s composure crumpled.

Connors said he would have killed himself, too, if he had a sister like Greig. Greig gasped, then put her hands to her face and mouth – and started to cry. It took her several minutes to regain her composure. In March, Greig said in open court that she had sought psychiatric counseling after her brother shot himself to death.

Greig and Bulger were arrested last June at the Santa Monica apartment where they had been staying since at least 1996. Bulger, facing a racketeering indictment that alleges he took part in a host of murders, was on the FBI’s Ten Most Wanted list. He fled the Boston area just before he was about to be charged in an initial indictment in 1994, after being tipped off by his corrupt FBI handler.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Appeal

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Clemens trial about lying, not baseball: prosecutors

June 12, 2012

Chicago Tribune on June 12, 2012 released the following:

“Lily Kuo
Reuters

WASHINGTON (Reuters) – Federal prosecutors in the perjury trial of former pitching ace Roger Clemens urged jurors on Tuesday to use common sense and not to fall for the “entangled web of lies” he weaved to protect his reputation.

Clemens, 49, is on trial for the second time on federal charges of lying in 2008 to the House of Representatives’ Committee on Oversight and Government Reform, which was investigating drug use in Major League Baseball.

Prosecutors made closing arguments as jurors prepared to begin deliberations after nearly two months of testimony.

“What is this case about?” Assistant U.S. Attorney Gilberto Guerrero asked. “This case is not about Roger Clemens’ greatness. It is about (him) lying…to protect his legacy.”

Clemens, who won 354 regular-season games and is a record seven-time winner of the yearly Cy Young Award as best pitcher, is among the biggest names implicated in drug use in baseball.

The defense has worked to portray Clemens as a hard worker whose stunning late-career success was the product of dedication and smart pitching, not performance-enhancing drugs.

Defense lawyers will make closing statements and the jury will begin deliberating later Tuesday or Wednesday morning on what they have heard from 46 witnesses in the nine-week trial.

Guerrero outlined the government’s charges against Clemens, including obstruction of Congress, making a false statement and perjury, and appealed to jurors to use their common sense.

He argued against attacks on the testimony of Brian McNamee, the prosecution’s key witness and Clemens’ former trainer, who said he injected Clemens with anabolic steroids and human growth hormone between 1998 and 2001.

Clemens’ lawyers have worked to paint McNamee as a liar who obtained immunity in exchange for his testimony.

“We’re not asking you to like Brian McNamee. … Brian McNamee did a lot of things that weren’t nice … but Roger Clemens is the one who chose Brian McNamee to inject him with steroids and HGH,” Guerrero told the jury.

He also highlighted inconsistencies in defense witnesses from Clemens’s wife, Debbie, who testified that she had received an injection of human growth hormone from McNamee in 2000.

New York Yankees’ pitcher Andy Pettitte testified earlier in the trial that Clemens, a former teammate, told Pettitte in 1999 or 2000 that he had taken human growth hormone but, years later, said he had been referring to his wife’s use of the drug.

Guerrero pointed to physical evidence prosecutors have presented, medical waste which they say contain Clemens DNA and traces of steroids. Defense attorneys have argued that blood and pus on two cotton balls and a small number of cells on a needle, could have been fabricated.

“That’s totally illogical. There’s no way in the world someone could fabricate that,” Guerrero said, echoing the testimony of a government forensic scientist.

McNamee testified that he kept needles, cotton balls, a broken steroid ampoule and other medical waste from injections for Clemens. He turned the evidence in to authorities in 2008.

Clemens won his final Cy Young Award in 2004, the summer he turned 42, in his first season with the Houston Astros.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Judge steps aside in Florida prosecutor case

June 8, 2012

The Miami Herald on June 8, 2012 released the following:

“THE ASSOCIATED PRESS
MIAMI — A Miami federal judge has stepped aside in a misconduct case involving two federal prosecutors.

Senior U.S. District Judge Alan S. Gold issued a recusal order Friday because of questions about his impartiality. Gold in 2009 ordered sanctions against prosecutors Sean Cronin and Andrea Hoffman for their roles in a questionable witness tampering investigation.

Gold also ordered the U.S. government to pay $600,000 to a doctor acquitted of illegally prescribing painkillers. A federal appeals court overturned both of those orders last year, ruling that Gold did not give the prosecutors proper due process.

Another Miami federal judge will now oversee the case.

The case involves witnesses authorized by the prosecutors to make secret recordings of defense attorney David O. Markus and his investigator. No evidence of witness tampering was found.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Appeal

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.