When Justice DiMango took charge of her courtroom on the third floor of the Bronx County Hall of Justice, she found herself in the epicenter of delayed prosecutions and their repercussions.
The judge overseeing the case, Justice Gustin L. Reichbach of State Supreme Court, has told prosecutors to show good cause for delaying prosecution of the case, and has already dismissed the charges against another man, John Sinagra, because of the delay.
The Justice Department agreed to delay prosecution for a year and eventually to recommend dismissing charges if the bank complies fully with the agreement, which was a result of a four-year investigation.
Each method allows an illegal immigrant to legally attempt to avoid or delay prosecution or even gain a visa.
Military defense lawyers said that although the ruling was limited to one case, they expected the issue to be raised in other cases, potentially delaying prosecutions, including the death-penalty prosecution of six detainees at Guantánamo Bay, Cuba, for the Sept. 11 attacks.
The Cabinet appointment — which is now frozen in the courts — would move a case against him to the Supreme Court and at least delay prosecution.
The verdict had been expected on Nov. 4 but was delayed after the prosecution filed a motion for the dismissal of the judge on the case, Dragan Garic, for bias.
According to Radio Free Asia and Chinese Human Rights Defenders, the prosecution delayed the trial because a crowd of Chen supporters gathered outside the courthouse.
In his order, Orleans parish judge Arthur Hunter Jr ruled the inmates be released and their prosecutions delayed, saying the lack of funding for their defense is a violation of the inmates' sixth amendment rights and of the 14th amendment due process clause.
Among the results, according to the cables, is that criminals are not prosecuted or prosecutions are delayed.
