Resigned USS Cole case lawyers defy military judge’s order to appear at war court. Again.
It was the third time that civilians
Instead, a lawyer wrote the judge, Air Force Col.
The question of authority to release a lawyer is the essence of a current representation dispute in the death-penalty case against
Friday, the alleged terrorist sat in court alongside a single attorney, Navy Lt.
"Clearly they're not coming and they're going to continue not to represent their client despite multiple orders," Spath said of Eliades and Spears at the start of a four-day session, describing Nashiri as a client "who they frankly have abandoned."
Spath disclosed that on Wednesday he ordered the prosecution to subpoena the two women to court, and that they had through an attorney sought to quash the order to appear. Given the short notice, Spath said, he would continue with other court business.
He displayed annoyance at their absence, but none of the urgency at the last session when he swiftly summarily convicted the general in charge of defense teams of contempt of the war court and ordered him confined to his quarters -- for not returning the women and a third attorney to the case.
Friday, the judge instructed case prosecutors "to work to have their attendance secured at either the February or March session." He wants them to appear in court "so they can explain to me why they believe they cannot not represent their client," he said.
In October, the officer who runs the
But the judge rejects Baker's authority to release them. On
About the war court case against the alleged
Since then Baker, who runs
In a 10-page letter to the judge, civilian attorney
Toral also wrote that the two lawyers were "lawfully excused as counsel in this case" and now each woman is "a civilian citizen located in
Following the discussion of how to get a learned counsel on the case, the judge said he would devote the remainder of the hearing, scheduled for Friday, Saturday, Monday and Tuesday to having agents pre-admit evidence to the case, a process he's been presiding over since March.
Defense lawyer Piette has said he cannot participate in the process due to absence of a death-penalty defender. Spath has disagreed.
Friday, the judge said he was undeterred by the lack of a death-penalty defense counsel -- he's repeatedly declared it a defense strategy -- and intended to proceed toward trial. He said the
"I don't have a dog in the fight. I don't have a promotion riding on this," said Spath, who came to the war court as chief of the
Resigned learned counsel,
Separately, it was not immediately known whether war court hearings could continue over the weekend if the government shuts down because of the failure of
___
(c)2018 Miami Herald
Visit Miami Herald at www.miamiherald.com
Distributed by Tribune Content Agency, LLC.
USDA Disaster-Recovery Programs Helping California Producers and Communities
The Latest: Trump addressing March for Life from Rose Garden
Advisor News
Annuity News
Health/Employee Benefits News
Life Insurance News