WWL>Topics>>2-11 6:15am Tommy, Nagin trial update

2-11 6:15am Tommy, Nagin trial update

Feb 11, 2014|

Tommy talks to Loyola Law Professor Dane Ciolino about the latest with the Ray Nagin trial

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Automatically Generated Transcript (may not be 100% accurate)

-- DNC you know joins us right now our friend professor of law oh Bradley University innings and extensive experience with the court. And talk about the need in deliberations that are going on now and the -- in trial good morning gain needed one more time and time this. You know I wanna be very cautious here because Jerry's not sequestered in. I don't know if anything we say here or any phone calls we -- could. I guess. In quality and come and when your main reason for -- this -- word that on notice. Com if he -- it and why isn't the jury sequestered. It's usual sequestered jury in federal court if you -- it and in murder trial a court routinely. But but not often in federal court. Judgment of course is that modest all the jurors not to listen to the radio not to read the newspapers. And you know in an age of about social media it and that the Internet and information everywhere you turn -- that's more difficult now. To comply with than it used to -- -- you either have to believe that the jurors are listening to what she's telling them to do and they're not not listening and operate. So how responsible do we have to be and I'm not trying to get personal legal advice but it's not just does -- that. Newspaper and television stations -- setter it would be inappropriate to. You know today -- people's calls about predicting a verdict and then. If for whatever reason it's guilty because I guess double jeopardy would apply in and it wouldn't matter if the former mayor was acquitted but if he was convicted is there any way that that the defense defense could say you know what. They loaded double to BO is doing all those are other stations were doing man and -- prejudice the jury. I'm -- defense sort it all kinds of arguments on appeal a lot of strong -- that happens after crippled with senator. -- found guilty in and lawyers are trying to help them in any way they can but. I can't imagine that this would be any grounds for appeal reversible error anything of that sort because. And that to them that high profile trial of the former mayor. The world and high profile there we've we've probably ever had as a result of Katrina. It's a matter of a tremendous public interest in the media has a right to report Republican right here about. The trial so I don't that if anything inappropriate at all about the media discussing. Trial even even tweeting from inside the courtroom on real time basis. -- -- just have to follow the judge's instructions and the law -- set up so. It it it's assumed that they're doing exactly what they're told. You know wanting net kind. Amused me was -- we talk so much about defining people by race and one of the subjects I saw on a couple of news stories last night was composition of the jury. And do against gender discrimination ordered to do what ever again as they head of they have designed a standard six. Some white men one African American female. Three. Asian people out of their male or female but it does seem like everybody was signed by race and that's common as it relates to trial and jury make up. Well I mean it's it's common for the people don't -- what race. The jurors are but you know race that really played any role mistrial. -- is an issue that comes -- been often brutal justice system. And -- this trial -- obviously the mayors in African American but many of these. Witnesses to testify against them were effort African Americans. Our our current US attorneys and African American. The I don't think that there has. Well he's really didn't play an issue in this at all so. I don't I don't really think that racial make up with a curious as critical issues that might be implemented. So what do you think will be the critical issues and you know room Ray Nagin taking a stand a good idea or bad from what you've seen. I think that the at this point I mean -- that the trial -- account has been a train wreck for for mr. bacon. It is arguments have been. -- disjointed uncorroborated. And and the government -- quite quite strong. A number of witnesses cooperating documents. It's. -- advocates were just one witness coming and that department the mayor. Committed broader conspiracy it's a number of witnesses happen dozens of them com. That much of their testimony corroborated by by documents. So that's the update them there and he. It -- you know I definitely don't take the stand as well he got very little to lose. And perhaps. The mayor of America could had the opportunity to convince the jurors that he he didn't know about these schemes and that he he really was minister. It remains to be seen whether the jurors. Bought any of that testimony. But that's -- that. Record -- to go and I do appreciate you coming on this early if they say that you deliberations are are very brief that. Is probably a bad sign for the former mayor but. If they go on for some time you -- the prosecution have any. Inclination nor can they offer a plea deal reining in at this point and and then when he's figure well you know what maybe didn't go so well you can always count on the jury and he would be except. Thinking of accepting it. You can have a plea deal all the way up until our sometimes even afterwards but. I don't think that's very likely that at this point the government is it seems to be very competent with their case. I can't imagine it would offer the mayor much of anything after having gone through. All the trouble calling his witnesses and going through the trial I think the government content to sit and wait for this verdict. If that verdict comes quickly our agreement is something that that mr. Nagin doesn't want it here first thing this morning. But if we're still talking about that is late tomorrow. And the government should have some concerns. Obtain the word I was fumbling Floyd is realized was grounds for appeal but I eventually got it out you know. -- thank you so much for your time and have a great game probably -- I would assume eightieth time after the verdict comes in late -- prediction on a verdict in terms of time. I would expect sometime this afternoon and I would -- it's -- -- Be guilty of something the matter whether he's guilty of all -- -- -- skate off wanted to do but. None of that really has been a matter because of -- -- The government tag them on. On a few of the need. Most important count this sentence is going to be substantial done deal and I would think that is certainly around fifty years plus or minus a few years. But it's it took a lot of time mr. saint Peter got seventeen and happier for. His role in the conspiracy in. Mr. -- -- involved in more. My -- as he went -- were running late but are the you know the things -- gone through my mind disease seems like a pretty cagey guy and if you look at the trial he was either. Attempting to be brilliant and setting all of this up with offers as they -- godfather or. I don't know -- you'd have maybe maybe he's just the dumbest guy in a world or maybe he's trying to protect his son's. Normative that was his goal that that's certainly worked out just fine form because of the -- although they appear to have been complicit in some of this I would never prosecuted nor was -- -- so. If that was his goal. At least succeed it would. Budgets when you said fifteen years they clicked in my mind doesn't think in. And maybe he's going to go to jail -- -- -- a deal even though they were all involved allegedly thank you -- have a great day you to comment -- night.

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