Defense asks judge to require prosecution to try all 54 charges against immigration lawyer
A prosecution motion to dismiss most of the 54 charges against a Colorado immigration lawyer on the eve of trial is a transparent effort to hold charges in reserve for a second prosecution if the first doesn’t result in a conviction, the defense argued Wednesday.
Defendant Emily Cohen is accused of stealing tens of thousands of dollars from clients by accepting representations and then stopping work before promised results, such as work permits and visas, were provided.
Saying that he is ready for trial and the government’s motion “smacks of unfairness,” her attorney, Steven Louth, asked that the prosecution not be allowed to drop charges until a jury is seated, reports the Daily Camera. At that point, if the government does so, he apparently expects the dismissal to be final.
“I am asking this court not to grant this motion. We are willing to proceed to trial on all 54 counts,” said Louth. “If they want to move to dismiss them after the jury is seated that’s their own business if they really think they (the charges) are that weak, which I submit is what is really going on here.”
Boulder District Attorney Stan Garnett argued that the speedy trial deadline is up in January, so Louth could argue against any renewed charges at that time, on that basis.
District Judge Patrick Butler said he will rule on the issue, in writing, at a later date, the newspaper reports.
