A.G. Gancarski
The big reveal from Wednesday’s hearing for Corrine Brown included a new defense lawyer, and likely a new trial date.
Despite the fact that Congresswoman Brown’s political career appears to be over, she and key exponents of her political machine still have a show to put on in federal court.
To get there, however, hurdles have to be hopped.
Among those was who will represent the congresswoman in court?
Brown’s Chief of Staff Ronnie Simmons was allowed to keep his lawyer as of Wednesday morning. This, despite judicial and prosecutorial protestations that his Orlando barrister had a conflict of representation that possibly could preclude effective representation.
A question still remained. Who would represent Rep. Brown in the One Door for Education trial? Her previous attorneys walked off the case, citing an unworkable atmosphere of “distrust.”
On Wednesday, shortly before her 3 p.m. hearing, a notice of appearance was filed for James Smith, an Orlando attorney.
Smith, a former Army JAG lawyer and FAMU law professor, has almost seven years of experience as a federal public defender.
Smith confirmed he is on this case for the duration.
The hearing Wednesday addressed various housekeeping matters, including disclosure of Brady materials and a protective order from July.
The big question: would the trial start as scheduled in November?
Simmons’ attorney, said Judge James Klindt, wanted to push the trial back to the first quarter of 2017.
“I wouldn’t take it off the November calendar,” Klindt said, but added that a status conference Oct. 11 at 2 p.m. might be the occasion for pushing the trial back as the co-defendant’s lawyer wanted.
Smith stated he preferred a trial in the first quarter of 2017 — then after the hearing amended that, saying “sometime in early spring.”
The prosecution said, meanwhile, there was a “joint desire” for a February commencement.
After the hearing, material differences between the approaches of Smith on behalf of Brown and Anthony Suarez on behalf of Simmons were revealed almost instantly.
One major one: Suarez said “95 percent” of cases end in plea deals, implying that One Door for Education may end up that way. On the other hand, Smith flatly said “there’s not going to be a plea deal in this case.”
Another important one: while Suarez left open the possibility his client may be interested in a plea, Smith held firm.
“We emphatically deny all the charges,” Smith said, adding that “the timing of these charges influenced the election.”
Worth watching are further divergences between Brown and Simmons, which could become more apparent as their professional relationship (as congresswoman and chief of staff) runs its course by January.
Stakes are high for the co-defendants, who face 22 and 18 counts respectively of a total 24.
Brown faces a possible 357 years in prison and $4.8 million fine if all counts are found valid.
For Simmons, it would be as many as 355 years and $4.75 million, if guilty of all counts.
For now, the trial is left on the November calendar.
