Jul 9, 2014|
Ray Nagin's defense attorney Robert Jenkins discusses the former Mayor's 10
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History of -- He's going recently taken. Not too many it was a surprise that it was love. We are very fortunate to have Robert Jenkins who has been an attorney for Ray Nagin since day one and I have been very kind to. We always willing to communicate with us appear in our studio for the next 45 minutes and thank you very very much. I want to just to tell me you're standing in court you're listening to the judge. In your mind did you think a jury has found him guilty of twentieth 21 counts. Did you think. He's gonna get twenty years. Well. I actually thought that he was going to somewhere between 1520 years he's gone -- computation and economy -- I was quite surprised and pleased that the court listened to him memos that we had found to produce any objections. And found that split downward departure. Came episode continues. What was what was Ray Nagin -- reaction. He was pleased with the census but I'm at this point. He still maintains its and it's is at least appeal the conviction was met. So he is going to make an appeal yes -- are you going to be the attorney for that yes. So it will be a federal -- will be you well. -- as you said early on that. If indeed -- and that and actually sent this I still believe that. We should I do on appeals that we -- -- for somebody might think that I was ineffective but he's found. Actually was quite pleased and actually continuing as an eternity and we will do so. And I -- but I have to ask is I know we're putting out they're saying the man has already admitted he's broke. And he's going to be in the penitentiary for a number he's not making any money. Will you do just grant us. No no I made. When when he took was broke his family and other than himself and I gave it to fund them on the money for the appeal we talked about that. Because otherwise -- text for the federal public -- reappointment. And he he's he's one thing you want to do that -- -- me to stay on as -- told Tim -- You know will be glad I'm with a look at what we do you think president and effective to put it to 55 is proper. And we'll go from that. What do you mean the -- could well. That -- -- ineffective assistance and it enough federal matter. Don't believe that we were we did a tremendous amount of work here. We found many men and memorandums and most of that because she can tell you and even at the last moment and assisting we will still probably gotten -- know. Two days ago prior to the citizens about certain things that I objections. To -- on governments memorandum. What do you think. Was the basis of her decision a ten year what that was that was many factors that -- overwhelming support he has from the public commanders they can't man. I'm asking the court for leniency. One premise is young darling as well and also based on the fact that the judge really look that. These rules in this particular case I think that that the fact that. What his role was as opposed to others and found out that this sentence and a federal Garland -- taken a fact about the history who this person has that's why she is downward departure. But but it was a significant downward departure it it really -- you know I think that's up to us of one insurer. And I'm I'm such a system out of the big guy was only advisory. And so people get hung up because this that a guy Lazarus was what. One and 88 to fifteen and two thirds in nineteen and that's exactly and so they they think that's what should be but that's -- advisory. And so that's -- this into content. What do you feel. Limitless Atlanta's Ray Nagin from day one has. Denied that he did anything wrong he left that courthouse today denying he did any says -- How do you handle that when a jury comes back with twentieth 21 convictions. Probably handle that is any attorneys he's put your decline and you move forward in this case he maintains -- -- innocence that we unhelpful when an appeal that conviction that's how you do it. And you don't get too high don't get too low you just do the best you can. In this appellate review and move -- I -- to go back to the sentencing. Up to one of the things was about the leadership you still feel that these letters were of a significant. I really develop the overwhelming support to the mayor for leniency and also. The issue about me leadership he never was a leader. And that came out in the sentence. We had a stormy hearing. The government wants -- that he without a leader he he told people what to do when he did this but that was nothing less -- -- -- not -- -- benefit. In fact that the judge didn't pointed out that. Of all the money that's and it's for -- got millions. I was admitting his was relatively. Hardly anything and it was done on behalf of allegedly has been. When he talks to you was money's an issue that he was accepting gifts that he was accepting trips. Nothing that and turn his the defense. No it he went on trips those were facts she she got things. So was he saying you know I was as he has said before. I took a two thirds cut in pay to become mayor I mean it was a decision he made. But he felt that the -- -- and savings. But all of a sudden the reality you're not living in the same lifestyle. Might have been one of the motivations. To accept trips. Well. When this exception still maintain that there was no business on these trips there was nothing done. Way accepting any bribes and and that came out in the trial itself about his position on what was going on. So if these were just friends taking them on trips these individuals that offer trips and which. In some cases he went on a -- but there was nothing about business. Nothing about the city that was. Involved in talking about the rules. Even though it looks strange. And we live in that glass house is a politician and as an elected official. That you know I'm going on up a pretty luxurious trip with my whole family. Was somebody who just do business with the city. -- we understand the position that announced the government's position as well. But he still maintain we maintain that there was nothing in terms of a bribery kickback -- things of that nature that happen on those trips. OK everyone stay with us we're gonna continue our talk with Robert Jenkins the attorney for Ray Nagin right after this I'm Angela under the have you well. Well we are back with Robert Jenkins C attorney for arraignment just. What -- day but what a day. Robert you've told us what you were thinking she was standing in court listening to what did you sense. Ray Nagin walked into that court knowing that he is going to now go to jail whether it's ten years or whatever wise. What has been how is he expressed. His fox on this next chapter of his life. Well. Daily Express thoughts that he's given us is that he wants to push forward with the appeal immediately. He's not concerned about his family in the fact. He was concerned about myself with a little more about myself. Or to family and we'll take hatteras. He's ready to move on to that part of but he also want to do previously appealed the conviction. So there's. Has he talked about I mean anybody I think facing jail is gonna have fears it's the unknown. Has he talked to anybody who's gone to jail that can. I don't think he's the president's first please talk to but he shows no fear that's out of it. He's still maintains. His position about this case but -- -- and feel where does not know what's up. He has say -- a family that he's very close to him we were reading in today's paper of course that his wife has gone to work to help support. And done that one of the sons is contributing to think that the care and everybody. Do they have plans on how they're going to exist and didn't -- mentioned that done. Mrs. Lincoln is now on assistants well. I'm just like everyone else. This -- -- changing. And all of PF and the mayor is -- -- really is gonna go out and -- to have the mother. And the mothers who have given the strong unfairly witness to me and also maintaining his position. But it's gonna be a difference to be tough but. They were just that and then moving -- Do you appeal process themselves. I know that he had set up a website and was encouraging people sort of fit for a financial support for his trial etc. in his and now. This didn't find much success with. We never talked about that -- okay that's that's something that independent myself. About that and I'm not sure how much money was raised if any was -- raised because we were not concerned about that win a medal of the trial and that's the trump. Does that sentencing. And the known brand this thing going Leo Jackson PSI so we never ever looked at it I went -- -- haven't gone -- to find out. Let's go back to something you just mentioned done. That the criticism or the comments of you didn't have enough pretrial motions you didn't have enough objections and and what you're saying yes. If he felt he didn't get a good deal with you as an attorney and that could be one of the reasons you went. Sending a new trial while. To -- that you can -- 12255. For ineffective assistance and that's fine we go to that. But as I said we worked hard there was so many people behind it's working this I'm myself. And we we did what we thought was proper we found without proper motion which in turn is this some some racist trial. Black and his wife so what we did we do. Everything I thought we could do and more. Even after the PS I came out we objected and we found Lebanon random so. It is that unheard of for people who make those allegations but I'm not concerned about dean. Let's talk about her judging of he was not a leader is centers that are -- to get to the ten year point. What does this say for the other three mentor now going to be sentenced. Mass merchants for del and Rodney Williams because they did get money. Well I think that they're going to try to sit -- -- -- it turns in the coming in and make the argument that -- the rate mister Mahan got this. They should get a Latin mass because they testified that the companies have the responsibility. -- that case. Expect him to seek. A five -- motion for some of them and -- and what -- that well kept asking the disk usage has been coming say that they should get this amount. Because they testified they aided and native and impeach impeach you -- itself. So we'll see what happens but maybe gonna save us from making that ten years they should hit 35 years that I less. And you think that that will happen I don't know I haven't had no idea of how has got to play out or whatever and as sure of that the same here. It's gonna really push economist could probably -- got what seventeen years and I. Yeah. Let's talk about what we understand that's she was offered a deal early on before the trial where I can. I'm responded that I can say Lebanon that. -- because we've heard that not only was offered a deal for five years but also there might have been a deal offered for three years and even if that's. -- a 100% sure just a thought today that he's going to be facing ten years when he could've taken a deal. As I said I can't comment on that particular heroes speak about the hypothetical part of that but. We cannot comment on anything to do with that type of position prior to come to a trial. Well well well before we go to that let me just ask you. What do you do now you say you're going to appeal what is the first step but first ever thought he knows appeal and then you'll get. Well we code dates that these sort of things have to be done that's about what happened there -- so. So even before he goes into jail in September. It was in -- those probably sometime within a week. And on what basis will look at planet that many -- that many objections and try our mile acts have the crowd transfer prepared. So. We have. Maybe basis that we don't look for the appeal. You just not gonna tell it well I don't know will be hard -- to sort through what evident in the -- itself. Do you think there's any chance that the the government the prosecution will appeal the Senate's. They objected this morning so they may appeal but that's within their rights to do so. But I have to tell you on the prosecution side also these guys. We -- very professional there was no animosity between the attorneys and they did their job as well. Do you think that. If they're going to file for an appeal would be like now before he goes down. No I think they have this followed with a minute time limit scrap about but a lot of the -- code but. I should even go back to not talk to they appellate division about it. Because. They objected to a just want me was what happens okay back to what chick chick whose gonna answer. Around I was taught him he can't say whether or not it's one I was offered a plea bargains but. -- weren't around town is that pre indictment he was offered a three year accountant. Pretrial it was off of five you -- -- not I've thought from the very beginning he should've taken even one of those but Robert both represented many people. And you can't control -- client does that the client. Instructed mr. Jenkins to go to trial mr. -- is that'd been great job that trial he got a great result today at sentencing and the the the client is the quarterback of the team and he mr. -- said I want you to go to astrology and the very best. Robert has stated today that mr. Nagin is very pleased that mr. Jenkins he's gonna let -- proceed with the appeal. And -- as maintaining his innocence and he's the quarterback and he's moving forward but for you. Now hindsight that crystal clear. What would you do differently in the trial. Well I'm I'm really I tennis that there are different -- we don't get those transcripts speed and appeal as we should do. I can't see this -- -- we would do differently because we put on witnesses we. We fought hard I can't say that once -- -- -- killing it'll probably go to hear of it actually done this but at this time. I can't see it -- because we did domestic food what we have. Okay and and that's an important statement is filled in just initiative with what you have what has changed. And what doesn't in other words what can you do differently in an appeal well. An appeal we look at what we took some errors that we think may have happened and how some pretrial. Objections that we hit filed and it's something's out of that I think that. He really had the excellent shot at. On appeal. And you going to tell us then when we filed the appeal when you found. Stay with us everyone we're not finish what's on our very special guest the attorney for -- -- stay with its. For the last almost three hours it has been on a day in the history of New Orleans. Ray Nagin will be going to federal prison. -- our guest for this hour has been Robert Jenkins C remains with us. And he is saying very clearly that it's not raining into. It's going to appeal this that he will be any attorney for it and we've been talking about. On what grounds for a ton of interest is that the office of professional responsibility within the federal office here. Has written -- report -- -- Robert Jenkins you feel might have some information that could be you. Yes is that it was a certain chase -- -- came out and in that case. That was something from an investigative body within the US attorney's office. From Washington DC that's that's stated that there was found. Excessive expensive prosecutor must conduct within that office as it relates to. Mr. -- to saint Pierre and Aaron Broussard. What's upon us is that the mattress -- Any tremendous way because -- the arm of the government that says they have some problems with at this time. So if they may find. This to be true because of the effort saint Pierre misconduct then but I wonder why. It would not have included. Your trial but because we were still up in the part of okay how -- here in mid sentence are that the Saturn. So it was that that's -- that we still have to says he's gone so but if you look at this this these are the guys that leave allegedly told the mirror and -- I'm a 100% sure that once we get our hands and report. It's going to be talking directly about his game. And again that was excessive. What it prosecutorial misconduct. And does that include what we've all been talking about forever it seems like the blogging but what I have an entire report I can't say that but -- Is likely that it includes that. But it's just interesting event as we said in an earlier hour it just keeps coming up. This issue and yet nothing seems to ever be resolved by -- I know that you filed -- In the before the trial that this was an issue this -- they dismissed it and did you not file again for the sentencing something about the blogging while. Want you to dismiss that -- to court denied it but that that's an issue on appeal as well so we have what we should have a great officials. That we think pat down at some point. What syndicate is for me. Aren't just. Very interesting that. -- -- -- -- -- -- know it's it's just interesting to me that that that issue with the prosecutors. Is there. But nothing ever happens. Maybe maybe this is it maybe this report I. I haven't seen -- rather it is referring to I would be very surprised if there's any application to reining in a trust Robert in his opinion he thinks it's significant. I've not seen any thing that can help reining in our Greg -- for our mark saint Pierre but Robert has more access to those. That OPR report perhaps an idea didn't help Stacey Jackson a couple of weeks ago and I think that Ray Nagin has false hopes on his appeal on the OPR report. But I trust Robert Roberts says it's a significant significant event and want to say. If if it doesn't Robert. Then what you do was not much action do we have appealed and it eloquence would make that decision and it paid. Think there's some merit and you do it and then continues that's okay. But let's say he goes he goes in Tokyo wherever whenever prison and then this whole process -- your stroke talking years. Well if there's so many things can happen to be years for the appellate process that can be shorter than that I can tell you until we start getting into it. But. You know you you'll start serving a sentence are we could possibly. Actually that an appeal -- and we'll see as about the things that happen. I'm just looking -- -- I'm thinking of what she said in the commercial of standing there when you heard. The Senate's. And just what the feeling much. But that's absolutely correct to be an American society and make any last few I mean. I thought that perhaps I would be very like him as an -- of their own prayer or luck if we got fifteen minute range. But when the course and and twenty months that was does that bode well for only a joint terrorism. You know on a downward departure -- so. And my question you was how crowd it was saint Patrick's church today when they were upset it was it was -- -- direct at a bar it was divine intervention wasn't what it was it really was and the fact of the matter is that. You know. As it a trial -- he did in you know this -- sitting may give an idea. What. Could possibly the best scenario and we thought the best scenario would be in that range that we talked about. But when we had to put a month we won't quite happen quite please. I mean am -- trying to say -- -- -- -- brilliant we do you think that did they know we we found out tensions and we hope for the best. And meanwhile the government is also filing its correct but it may. At the time of the for the PSI yes they did they seeking an enhancement and as many as a leader and we don't quite frankly. Didn't agree with that the court. Didn't agree with and nor did the judge -- her so that was a big part and yet she also I thought was correct in saying that. He he abandoned the city and -- people felt that he didn't do the job. She didn't just say. And I'm being not soft on it but the -- party lost a lot he didn't make as much for anything other she understood that people are very aggravated. That he didn't do the job that you selected to do. My -- and we understand that and as said. You know we're just quite pleased with the -- to receive. I know you have ten million of the cases but this test had been among the biggest in your life. Well found intranet frank was intense I mean because of intensity that was. Was worse than this and turn this case because you get people who died. You know people who died and she still sits on death row that's current. And she will sit there and for how long -- blow again and that's 200 appellate process to make themselves so that's this -- when he used to. A lot of people out there saying what his swift justice. I I can. No I really mean that I think that is an issue and we're we're getting off the subject of -- -- but you brought up Antoinette Franken and that's right that hadn't been -- The worst -- most horrific crimes ever. And and it just I'm marvel at the people who who still struggle to think she's gonna get off. Nine and as an -- in terms of intensity. That with the worst thing. Okay this man's not done please stay with Goosen and Robert Jenkins it means a lot to you came up here today. I'm doing a -- but six gonna stay with this -- was a call give us what your thoughts are. 260187. -- we'll be right. We are back up. I wanna thank Robert Jenkins -- and ministry Henderson now that he could come in obviously he would probably like to go home put his head down on the pillow. Means a lot that he would come in and talk to us about what was going through his mind ring Megan's mind and and what the next steps are. Let this go quickly to one of the questions Larry. -- -- Yes -- Eudora I'm doing good how are you. Okay -- pretty good I have one question it was directed to the attorney -- can still but unfortunately going. Quick what one of the birds don't have a problem would have to fairness of the trial that would give but it took naked. And one big industry gets big contributor Republican state -- -- democratic politician on the fairness of the trial. It went -- and these -- do train though a jury to trial -- its manpower put all the pollution that's going on with. Politician these days and spiritually with President Obama argued that -- and mistreatment -- he'd get me. I'm curious about one thing in the world did they can get a fair trial when everybody was probably Republicans -- guess what Democrat -- that was up there. He called -- -- and I wondered how well understand the truth move up the georgians. Because the mama Monday adept with the -- with polio Bo maybe -- go in the market our trip as secretary Tokyo from one. Unknown and we're we're in Tokyo. Larry a little off base on that that I -- should -- because I. I don't look at things like this is democratic and Republican at all I don't look at it and is Robert Jenkins said just moments ago this was not about black and white. There's no question about that -- he he got a very fair trial I sat through the trial. And it's far is the selection of the jury being outside -- -- says because it's a federal court case. You pick in the eastern district of Louisiana which is multiple parishes. Throughout the area and that's how you pick a jury and that's why it's in federal court. Not in state court not a two lane and brought to him -- as the only court where you would only have Orleans parish jurist trust me Larry he got a very fair trial. If mr. Jenkins was still here he would say the same thing. And it's got nothing to do with -- Democrats or Republicans and he's got a very -- About -- no there's just. Pretty become only speak about the political port is not great. Yeah I think that I don't think you -- enormous sum up and they worry every Clinton because only Robyn Jenkins said. You know some people like to say that this is a racial thing and it was not at all -- a little bit -- -- back to Republicans and Democrats I mean you know judge -- again. Who -- I have spoken very highly of today because I truly believe she's a she's a wonderful judge. She was appointed by democratic president and and I don't think that has anything to do with anything she's she's very referred judge she do what she thought was right she gave. Both sides a fair trial of we have Matt -- -- Pickens. Are Manchester here from the government they would say Larry we got a very fair trial we just disagree with the sentence. Larry hello I do appreciate you listening and I appreciate you calling -- And we're gonna quickly go to Leon. -- yes Leon. It's going to argue tactic. I'm glad you on on -- -- I have really as they would be give me Christian take action -- -- today there's. You know -- give great Hague and learned and -- well below what he's done wrong. Well we are really side is actually initiate. And gang you know low ball loose because -- thank. And so United States. The education look at I think we're going to stay dead governor and a man. Convicted. And -- -- political and -- thank you very and I know. Okay thanks Leon for calling. What about that I think. Now there have been a lot of. Blagojevich. There aren't in Illinois and Illinois and wasn't there actually got a level 35 -- a 168 months Blagojevich governor of Illinois. Kwame Kilpatrick -- mayor of Detroit got 336 months. So many in the New England states. Was there another one that went to jail to how we should keep a list so that we can always -- That was very nice of you to say that -- should run for office. Many maybe that's gonna happen when I left the study -- TV lawyer. -- took its toll now Barry Diller really got a call in early TV Lloyd did have a chance to do some research a little 53. There's several federal courts throughout the United States that it says not a violation rule 53. To tweet from the courtroom. This district -- these initial Louisiana's very progressive thank god it is we will have Paul Murphy Mike -- being -- in the courtroom today tweeting. It it's it's it's a joy to work in a court where there's so professional and and so. Progressive just like you thank you chip for a stay with us everyone will be right back.