Monday, December 01, 2008

Quote of the Day

"TRYING TO STOP DEFENDANT’S LAWYER FROM being paid? Doesn’t seem like part of a prosecutor’s job to me, but what do I know?"

Glenn Reynolds.

The man is a tenured law professor and he is clueless. Reynolds post is also misleading. He linked to a blog post on Jamie Olis' habeas corpus petition. Olis was a former Dynegy executive sentenced to sentenced to a six year prison term. Dynegy stopped his legal payments. A Texas jury ruled it was illegal. The Second Circuit court overturned that decision. Olis was forced to pay for his own defense attorneys. This is the only part of the White Collar Crime Prof Blog that Reynolds bothered reading.


"During litigation of this lawsuit against Dynegy, Yates learned that Olis' prosecutors, including the former United States Attorney for the Southern District of Texas, ...had pressured Dynegy to stop advancing funds for Olis' defense." (p. 16-17)


I can't read Judge Sim Lake's ruling. I wouldn't be shocked if prosecutors made attempts to stop Dynegy from paying Olis's legal fees. I'm not clear to what extent. Other Dynegy executives were worried being indicted. This might have been Dynegy cutting a deal with prosecutors. Dynegy is not legally required to pay for Olis's legal fees. Reynolds' post leads the reader to believe that prosecutors can legally cut off defense fees. That is simply not the case.

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