National Roundup

California
Felony convictions vacated for ex-Navy officers in ‘Fat Leonard’ bribery scandal
SAN DIEGO (AP) — The felony convictions of four former Navy officers in one of the worst bribery cases in the maritime branch’s history were vacated Wednesday following allegations of prosecutorial misconduct, the latest setback to the government’s yearslong efforts in going after dozens of military officials tied to a defense contractor nicknamed Fat Leonard.

U.S. District Judge Janis Sammartino called the misconduct “outrageous” and agreed to allow the four men to plead guilty to a misdemeanor and pay a $100 fine each. Last year after the trial, Sammartino had ruled the lead federal prosecutor committed “flagrant misconduct” by withholding information from defense lawyers but said at the time that it was not enough to dismiss the case.

The surprising turn came at a sentencing hearing in federal court in San Diego.

Assistant U.S. Attorney Peter Ko, who was brought on after the trial last year, admitted to “serious issues” and asked the judge to vacate the officers’ felony convictions.

He said his office does not agree with all of the allegations but said errors were made.

“There were pretty obviously serious issues that affect our ability to go forward” defending the convictions or seeking a new trial, Ko told the judge, according to the San Diego Union-Tribune.

Andrew Haden, acting U.S. Attorney for the Southern California District, reiterated that in a statement after the hearing.

“As stated in court, we do not agree with all the allegations or characterizations in the motions or in court,” Haden said. “We recognize and regret, however, that errors were made, and we have an obligation to ensure fairness and justice. The resolutions of these defendants’ cases reflect that.”

Haden added that it “is also significant that the four officers who stood before the court today admitted for the first time, under oath, that they broke the law and are guilty of crimes related to their official duties.”

The officers — former Capts. David Newland, James Dolan and David Lausman and former Cmdr. Mario Herrera — were previously convicted by a federal jury on various counts of accepting bribes from foreign defense contractor Leonard Francis, and his company, Glenn Defense Marine Asia, or GDMA.

On Wednesday three of them pleaded guilty to one count each of disclosing information to Francis, and Lausman pleaded guilty to a charge of destruction of government property, for smashing a hard drive with a hammer.

Defense attorney Todd Burns, who represented Dolan, said his client was relieved to have this behind him. He and defense attorneys for the three other men had filed hundreds of pages outlining how the monthslong trial was rife with misconduct from prosecutors hiding evidence, ignoring false testimony and concealing facts that questioned the credibility of key witnesses.

He said his client agreed to plead guilty to a misdemeanor after a decade of fighting the allegations against him, “bleeding legal fees” and enduring stress on his family.

“These four guys were facing what was going to be sentences by the original prosecutors that were going to be absolutely devastating financially and custody-wise,” he said. “Then they were offered a deal to plead to a misdemeanor and a $100 fine to walk away and end this brutal chapter.”

The men spent more than a year asking for a retrial. Theirs was the only case to go to trial out of the more than two dozen defendants charged. The jury deadlocked and reached no verdict on charges against a fifth defendant, retired Rear Adm. Bruce Loveless, and prosecutors later dropped those charges.

Nearly two dozen Navy officials, defense contractors and others have been convicted and sentenced on various fraud and corruption charges.

Several others are awaiting sentencing next month. It’s not clear if this could jeopardize those cases.

Francis admitted to buying off dozens of top-ranking officers with booze, sex, lavish parties and other gifts. Prosecutors say he bilked the Navy out of more than $35 million.

Three weeks before the Malaysian defense contractor faced sentencing last year, Francis made a stunning escape, snipping off his ankle monitor and fleeing the San Diego residence where he had been under house arrest.

The escape was also seen by some as a misstep by the prosecution for allowing him to not be held behind bars. He was later captured in Venezuela, where he remains.

The four former officers had served in the Navy’s 7th Fleet in the Eastern Pacific, where Francis’ company supplied ships for decades.

Francis was arrested in a San Diego hotel in September 2013 as part of a federal sting. Investigators say he and his company, Glenn Defense Marine Asia, bribed officers so he could overcharge for supplying ships or charge for fake services at ports he controlled in Southeast Asia.

The case, which delved into salacious details about service members cheating on their wives and seeking out prostitutes, was an embarrassment to the Pentagon. The U.S. attorney’s office handled the prosecution, offering independence from the military justice system.

Maryland
Trial date set for man facing hate crime charges after shooting
ANNAPOLIS, Md. (AP) — Lawyers agreed Thursday to a May trial date for a Maryland man facing hate crime charges after authorities said he fatally shot three Latino men and wounded three other people during a parking dispute earlier this year in the state’s capital city.

Charles Robert Smith, who remains in custody, appeared in Anne Arundel County Circuit Court wearing green detention center clothing. He told Administrative Judge Donna Schaeffer that he understood his decision to waive his right to trial in 180 days.

Attorneys agreed to begin jury selection for next year’s trial on May 31, with the trial expected to run until June 17. They also set aside two days in April for motions hearings before the trial.

The shooting happened on the evening of June 11 during a birthday party when a dispute broke out over a parking issue on a residential street.

The three who were shot to death — 27-year-old Mario Mireles, his 55-year-old father Nicholas Mireles and 25-year-old Christian Segovia — were Latino. Smith, 44, is white. The Mireles and Smith families had lived on the same street for years and had a history of disputes, with Shirley Smith, the defendant’s mother, having been previously accused of using racial slurs against Mario Mireles, according to court records.

Mario Mireles went to the Smiths’ home to talk about the parking dispute and was arguing with Shirley Smith, who had called in a parking complaint, when her son Charles Smith returned home and confronted him, according to police charging documents.

Smith has been indicted on 42 counts, including three counts of first-degree murder and hate crimes.