Defendant in Cunningham bribery case seeks dismissal of charges

[cascadiance]

Source: Associated Press

By ALLISON HOFFMAN Associated Press Writer
Article Launched: 08/17/2007 06:29:29 PM PDT

SAN DIEGO—A New York mortgage banker filed court documents Friday seeking the dismissal of charges he faces in connection with the bribery of jailed former congressman Randy "Duke" Cunningham.

John Michael of Long Island has pleaded not guilty to charges of obstructing justice, money laundering and unlawful monetary transactions in illicit real estate transactions his uncle Thomas Kontogiannis arranged for the congressman.

Kontogiannis struck a plea deal with prosecutors in February, admitting to a single count of engaging in an unlawful monetary transaction. The plea was submitted under seal and made public in June.

Michael contends charges against him should be dropped because the government has withheld potentially exculpatory information and details about the nature of Kontogiannis' cooperation. He also is requesting that a prosecutor, Assistant U.S. Attorney Phillip Halpern, be removed from the case.

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Read more: http://www.contracostatimes.com/bayandstate/ci_6651570

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Looks like they're still trying to find some ways of weaseling out of these cases involving Cunningham and Kontogiannis! When's this cover-up going to stop?

[flashl]

1. All I have to say to him is good luck

"Michael contends charges against him should be dropped because the government has withheld potentially exculpatory information and details"

[McCamy Taylor]

2. The feds may be killing their own case, on purpose

in order to let the defendants walk. All they would have to do is have the prosecutors do various sorts of misconduct and then chalk it up to overzealous prosecutors, maybe even blame Carol Lam. Of course, it would all be deliberate, a plot hatched between AGAGs DOJ and defense attorneys who would be tipped off as to exactly where to look for the "misconduct". The DOJ has no problem throwing its own attorneys under the bus. So what if they get criticized by the courts or made to look like fools? Everyone already thinks that they are a bunch of Christian Charm Law School idiots.

This is an old prosecutor trick for when you do not really want some one to be found guilty but you have to pretend to go through the motions.

[youngdem]

4. I suspect this as well.

I suspect Bushco has ordered the flubbing of the case, but to drag it past the elections, but not past the end of his term.

Look for these guys to walk or be pardoned after Election Day but before the Chimp goes to Texas.

[cascadiance]

3. Here's the Union Tribune's write up on this this morning...

Halpern does sound compromised too. This case sounds like its filled with bad guys every place. Just hope that there's some sense of justice that has powers of decision making (the court judges, etc.)

http://www.signonsandiego.com/news/politics/20070818-9999-1n18tommyk.html

Attorney for broker: Dismiss all charges

By Greg Moran
UNION-TRIBUNE STAFF WRITER

August 18, 2007

An attorney for a New York mortgage broker indicted in the Randy Cunningham scandal says the charges against his client should be dismissed because of a 2005 real estate deal involving the daughter of a key figure in the case and a relative of one of the prosecutors.


John Michael


Phillip Halpern

That allegation was one of several in a hard-hitting motion filed by lawyers for John Michael yesterday. It also asks that the entire San Diego U.S. Attorney's Office be kicked off the case.

Documents show that the daughter of Thomas Kontogiannis, a New York developer who pleaded guilty to laundering bribe money for Cunningham, bought a home owned by the late uncle of Assistant U.S. Attorney Phillip Halpern, one of the prosecutors on the Cunningham case.

Michael's defense attorney, Ray Granger, says the deal gives the appearance of favoritism to Kontogiannis. He also alleges in papers filed in federal court yesterday that the federal government likely knew about the transaction, which he said involved a bank account that was used to launder bribes for the ex-congressman.

Michael, who is Kontogiannis' nephew, is scheduled to go on trial next month on charges of conspiracy, money laundering, obstruction of justice and unlawful monetary transactions.

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