Manuel asks (again) to delay trial --- Defense requests CDs with not-yet-heard recordings

By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 12/11/08


After being turned down for a six-month delay of his federal bribery trial, former St. Johns County Commission Chairman Tom Manuel asked Wednesday for a three-month delay instead.

In addition, the defense asked for four compact discs containing recordings that were not turned over.

The motion was filed by William J. Sheppard and D. Gray Thomas, both of Sheppard, White, Thomas & Kachergus, Jacksonville, who argued that the "voluminous recorded conversations" in this case must be reviewed, analyzed and transcribed.

"The government has indicated that its investigation was lengthy and included electronic and other surveillance from April 2007 through October 2008, a span of 18 months," the motion said.

Manuel said he really didn't have a comment about the motion.

"This is all procedural stuff," he said. "His job is to provide me the best counsel possible. On these procedural issues, I rely on him 100 percent."

Two weeks ago, Sheppard said in court that 42 recorded conversations exist of Manuel talking to informants, but only 14 of those discs are transcribed.

Extra time is needed to "work beyond review and analysis matters" to allow "proper and adequate representation for trial," the motion says.

The four missing recordings is another new development.

The motion said, "The FBI has advised that malfunction impacted some recordings, but the defendant is entitled to copies of those discs as well to make an independent determination of whether they are material" to the defense.

The defense contention that it didn't have enough time to prepare is essentially the same argument Sheppard and Thomas used in a Dec. 4 motion asking for a six-month extension. That motion also said the overwhelming amount of evidence "renders proceeding on the previous adopted schedule unreasonable."

But that motion was denied Tuesday by U.S. District Judge Marcia Morales Howard and the trial remained set for Jan. 5.

Howard's final order in that matter did leave the door open for the defense to return with a "properly supported" motion, and that is what Manuel's attorneys did Wednesday.

"The ends of justice outweigh the interests of the defendant and the public in proceeding as scheduled," the motion said.




Click here to return to story:
http://staugustine.com/stories/121108/news_1211_030.shtml

© The St. Augustine Record