Former Los Angeles Deputy Mayor Raymond Chan has requested a federal decide to declare a mistrial in his federal corruption case, saying his lawyer is not medically able to representing him within the case.
U.S. District Decide John F. Walter declined to grant the request Thursday, saying he can’t decide with out extra specifics on the sickness of Chan’s lawyer Harland Braun, whose March 2 hospitalization introduced the trial to a halt.
Walter ordered Chan’s authorized crew to file medical documentation underneath seal by Sunday and return to court docket Wednesday to debate the matter additional.
Chan, who has pleaded not responsible to fees of bribery, racketeering, wire fraud and making false statements, mentioned in a court docket submitting that Braun, 80, will probably be unable to signify him “for a minimum of a number of months.”
“Trying to proceed with the trial when Harland Braun is bodily unable to take part in my protection could be placing me on trial with out my lone trial lawyer, with out the counsel of my alternative, and with out efficient help of counsel,” Chan mentioned in a declaration.
Braun has been Chan’s lawyer for about 4 years. He fell in poor health simply over every week into the trial, prompting the decide to order a three-week delay in witness testimony.
Chan, in his submitting, mentioned his different lawyer, Brendan Pratt, has been serving on the protection crew solely in a “restricted help and observational studying function.” Pratt “has no trial expertise, and has by no means practiced in federal or state court docket with out supervision,” Chan wrote.
Pratt lacks the authorized experience to safeguard Chan’s constitutional rights, in a case that might lead to “many years of imprisonment,” he mentioned.
After Braun fell in poor health, he was taken to UCLA Medical Heart, the place he underwent surgical procedure. Braun was affected by an an infection that affected his organs, in keeping with one other Chan lawyer, and restoration is anticipated to take a minimum of three months.
In a earlier listening to, Walter mentioned he was against a mistrial, suggesting at one level that Pratt familiarize himself with the trial displays. He additionally advised attorneys he would do all the pieces in his energy to maintain the case on monitor.
The prosecution has 4 witnesses remaining within the case, which is anticipated to be the final trial stemming from a federal investigation that uncovered a Metropolis Corridor extortion ring run by former L.A. Councilmember Jose Huizar.
In January, Huizar pleaded responsible to racketeering and tax evasion, admitting that he shook down actual property builders for greater than $1.5 million in bribes on downtown constructing tasks.
